STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING
TUESDAY, SEPTEMBER 25, 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 9:04 a.m.

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

Invocation by led by Reverend Doug Dixon, Relondo United Methodist Church, San Diego.

Pledge of Allegiance to the Flag led by Command Master Chief, Richard “Dick” Rogers, United States Navy, Retired.

Board of Supervisors' Agenda Items

                     

Category

Agenda No.

Subject:

Health & Human Services

1.

ESTABLISHING A PUBLIC ACCESS DEFIBRILLATION (PAD) PROGRAM FOR THE COUNTY OF SAN DIEGO

 

2.

FAMILY CAREGIVER SUPPORT PROGRAM

[FUNDING SOURCE(S): STATE DEPARTMENT OF AGING.]

(4 VOTES)

 

3.

REVENUE CONTRACT WITH SWEETWATER UNION HIGH SCHOOL DISTRICT

[FUNDING SOURCE(S): FUNDING SOURCE IS THE SWEETWATER UNION HIGH SCHOOL DISTRICT] 

 

4.

COMPREHENSIVE TOBACCO CONTROL PLAN AND TOBACCO LAW ENFORCEMENT GRANT

[FUNDING SOURCE(S): STATE DEPARTMENT OF HEALTH SERVICES]

(4 VOTES)

 

5.

INDIGENT BURIAL AGREEMENT WITH THE CITY OF SAN DIEGO

[FUNDING SOURCE(S): GENERAL REVENUE]

 

6.

NOTICED PUBLIC HEARING:

TARGETED CASE MANAGEMENT FEE SCHEDULE

Community Services

7.

NEW OFFICE SPACE FOR HEALTH AND HUMAN SERVICES AGENCY CENTRAL REGION 

[FUNDING SOURCE(S): STATE AND FEDERAL FUNDING FOR IN-HOME SUPPORTIVE SERVICES, SOCIAL SERVICES REALIGNMENT REVENUE, STATE GENERAL FUND ALLOCATION FOR ADULT PROTECTIVE SERVICES, HEALTH REALIGNMENT REVENUE, AND STATE AND FEDERAL REVENUE FOR CALWORKS AND MEDI-CAL]

Public Safety

8.

DOMESTIC TERRORISM PREPAREDNESS

[FUNDING SOURCE(S): STATE OF CALIFORNIA, OFFICE OF EMERGENCY SERVICES]

(4 VOTES)

 

9.

REPORT ON FLAMMABLE VEGETATION CLEARANCE

(Carryover Item from 9/12/01, Agenda No. 23)

 

10.

SHERIFF’S DEPARTMENT CONTRACT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE

[FUNDING SOURCE(S): OFFICE OF INSPECTOR GENERAL (OIG), UNITED STATES DEPARTMENT OF AGRICULTURE]

(4 VOTES)

 

11.

SHERIFF’S CRIME LAB PROCUREMENT OF DNA GENETIC ANALYZER SYSTEM

[FUNDING SOURCE(S): SHERIFF’S DEPARTMENT BUDGET]

 

12.

SHERIFF’S SYSTEM MASTER PLAN, LAS COLINAS MASTER PLAN AND EAST OTAY MESA DETENTION COMPLEX MASTER PLAN FINDINGS & RECOMMENDATIONS REPORT

 

13.

PROBATION DEPARTMENT – COMMUNITY ASSESSMENT TEAMS (CATS) AND WORKING TO INSURE AND NURTURE GIRLS’ SUCCESS (WINGS) CONTRACTS

[FUNDING SOURCE(S): STATE BOARD OF CORRECTIONS GRANT FUNDS; CRIME PREVENTION ACT 2000; GENERAL FUND]

Financial & General Government

14.

EMPLOYEE BENEFITS CONTRACTS

Appointments

15.

ADMINISTRATIVE ITEM:

APPOINTMENT

Communications Received

16.

COMMUNICATIONS RECEIVED

Closed Session

17.

CLOSED SESSION

Public Safety

18.

STOPPING SUSPECTED DRUNK DRIVERS AT THE BORDER

Financial & General Government

19.

LOCAL COMMUNITY PROJECTS FUND

 

 20.

LOCAL COMMUNITY PROJECTS FUND

 

 21.

SUPPORT FOR EMPLOYEES ORDERED TO ACTIVE MILITARY DUTY TO COMBAT TERRORISM

 

 22.

PROTECTING SAN DIEGANS FROM TELEMARKETING HARASSMENT

Land Use & Environment

 23.

RESOLUTION OF SUPPORT FOR FUNDING APPLICATION TO SANDAG FOR RANCHO SANTA FE ROAD

Health & Human Services

  24.

SAN DIEGO CHILDREN AND FAMILIES COMMISSION (PROPOSITION 10) STAFFING AND BUDGET ADJUSTMENT

[FUNDING SOURCE(S): PROPOSITION 10]

(4 VOTES)

(Carryover Item from 9/18/01, Agenda No. 4)

Financial & General Government

25.

LOCAL COMMUNITY PROJECTS

Health & Human Services

26.

ADMINISTRATIVE ITEM:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:

TOBACCO SETTLEMENT FUNDS

Land Use & Environment

27.

ADMINISTRATIVE ITEM:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:

AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE TO ELIMINATE THE BUILDING PERMIT FEE FOR PHOTOVOLTAIC ELECTRICAL INSTALLATIONS

Financial & General Government

28.

ADMINISTRATIVE ITEM:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:

REVISING CLAIMS PROCESSING REQUIREMENTS

 

29.

ACCEPTANCE OF DONATIONS FOR THE SAN PASQUAL ACADEMY

Presentations/Awards

30.

PRESENTATIONS/AWARDS

Public Communications

31.

PUBLIC COMMUNICATIONS


 

1.

SUBJECT:

ESTABLISHING A PUBLIC ACCESS DEFIBRILLATION (PAD) PROGRAM FOR THE COUNTY OF SAN DIEGO

(DISTRICT:  ALL)

 

OVERVIEW:

 

On any given day, approximately 700 Americans suffer from what is known as “sudden cardiac arrest”, which has a dismal 5 percent survival rate across the nation. For every passing minute, the odds of survival drop 10 percent and death is almost certain if the heart hasn’t been restarted within 10 minutes. This is particularly critical to residents in rural communities who live a minimum of 20 to 30 minutes from the closest emergency room.

Today’s item seeks to establish a Public Access Defibrillation program in San Diego by placing lifesaving “automated external defibrillators” (AEDs) in public facilities throughout the County, thus providing a lifesaving shock to those in need.

 

FISCAL IMPACT:

 

Funds for this request are not needed at this time.

 

RECOMMENDATION:

 

SUPERVISOR JACOB AND VICE-CHAIR ROBERTS:

1.      Direct the Chief Administrative Officer to explore collaborating with the “Public Access Defibrillation (PAD) Program” at the City of San Diego to distribute portable defibrillation devices throughout the region in County facilities as well as libraries, parks, senior and community centers, campgrounds and other high traffic facilities.

2.      Direct the CAO to pursue external funding for the purchase and training of portable defibrillation equipment and report back to the Board of Supervisors within 60 days with a draft implementation plan.

  ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, directing Chief Administrative Officer to report back on October 16, 2001, during discussion on Tobacco Settlement Funds, health care needs in San Diego.

     

2.

SUBJECT:

FAMILY CAREGIVER SUPPORT PROGRAM

(DISTRICT: ALL)

 

OVERVIEW:

 

The Health and Human Services Agency, Aging & Independence Services administers programs that benefit senior and disabled citizens.  The State Department of Aging, as a result of federal reauthorization of the Older Americans Act, will provide funding through the federal Family Caregivers Support Program for the support of caregivers who serve persons 60 years of age and older, and to grandparents and other caregivers over 60 years of age and who are the primary caregivers of minor relatives.  The recommended actions in this item will authorize the FY 2001-2002 revenue agreement with the State Department of Aging and establish appropriations, including one-time only start-up funds for the Family Caregiver Support Program.  This item requests Board authorization to issue a Request For Proposals for caregiver support services, including: respite and adult day care; information on services and how to access them; counseling; case management; legal assistance, training for caregivers; support services to grandparents; and, program evaluation.  This item also requests Board approval of the Area Plan Addendum, which is required by the State, and authorizes the Chairman to sign the State required documents. 

This item supports the Self Sufficiency Initiative in the County’s strategic plan by providing assistance to those who care for the elderly and disabled which allows them to remain safely in their homes.

 

FISCAL IMPACT:

 

Partial funding for this request is included in the Fiscal Year 2001-2002 Operational Plan.  If approved, this request will result in additional Fiscal Year 2001-2002 costs and revenue of $552,012 and Fiscal Year 2002-2003 costs and revenue of $832,993.  The funding source is the State Department of Aging.  There will be no change in net General Fund cost and no additional staff years.

 

RECOMMENDATION:

 

CHIEF ADMINISTRATIVE OFFICER:

1.      Authorize and ratify the Clerk of the Board’s execution of the Family Caregiver Support Act revenue agreement #FC–0102-23 with the State Department of Aging for the period July 1, 2001 through June 30, 2002 in the amount of $1,456,012 and, subject to the approval of the Director of the Health and Human Services Agency or his designee, authorize the Clerk of the Board to execute subsequent amendments and renewals to the grant award if they do not materially impact either the grant program or funding level.

2.       Establish appropriations of $552,012 in the Health and Human Services Agency for the Family Caregiver Support Act, based on unanticipated revenue from the State Department of Aging.  (4 VOTES)

3.      In accordance with Section 401 of Article XXIII of the County Administrative Code and Board Policy A-96, Sequence for Obtaining a Chief Administrative Officer Determination Regarding Economy and Efficiency of Independent Contractors pursuant to Charter Section 703.10, authorize the Director, Purchasing and Contracting, to issue a Request For Proposals and negotiate with qualified offerors and award a contract or contracts for Media Outreach, Respite Care, Day Care, Support Group Counseling and Case Management, Grandparent Programs, In-Home Support, Legal Assistance for Caregivers, Training, Program Evaluation and other innovative projects for family caregiver support services for two years through June 30, 2003, with an option to extend for two additional years, and up to an additional six months if needed; and, to amend the contract(s) as required for changes to funding and services subject to the approval of the Director, Health and Human Services Agency and the Chief Administrative Officer’s determination of economy and efficiency.

4.      Approve the Aging & Independence Services Planning and Service Area 23 Plan Addendum, and authorize the Chairman of the Board to sign the required documents and submit the addendum to the State Department of Aging.

  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

     

3.

SUBJECT:

REVENUE CONTRACT WITH SWEETWATER UNION HIGH SCHOOL DISTRICT (DISTRICT: 1)

 

OVERVIEW:

 

The Board of Supervisors has had a longstanding interest in improving high school attendance as a factor toward self-sufficiency.  On October 25, 1993 (25), the Board of Supervisors directed the Department of Social Services to investigate various school attendance improvement projects.  Outstationing social work staff at school sites to promote school attendance was approved on February 24, 1997 (46), with the acceptance of a revenue contract with Sweetwater Union High School District.  The Board approved an subsequent revenue contract with the Sweetwater Union High School District March 20, 2001 (4).

Board approval is requested to execute a revenue contract to continue to accept funding through June 30, 2003 from the Sweetwater Union High School District for 80% of the cost of a Health and Human Services Agency social worker to assist at-risk teens in the school district.  This item supports the Self-Sufficiency Initiative in the County’s Strategic Plan which supports opportunities for County residents to achieve self-sufficiency and to take responsibility for themselves and their families.

 

FISCAL IMPACT:

 

These funds are included in the FY 2001-2002 Operational Plan.  If approved, this request will result in FY 2001-2002 cost and revenue of $33,238 and Fiscal Year 2002-2003 of $46,277. The funding source is the Sweetwater Union High School District.  There will be no change in net General Fund cost and no additional staff years.

 

RECOMMENDATION:

 

CHIEF ADMINISTRATIVE OFFICER:

1.      Waive Board Policy B-29, Full Cost Recovery

2.      Approve and authorize the Clerk of the Board to execute a revenue contract with Sweetwater Union High School District to provide funding for truancy and truancy/school drop-out prevention services in the amount of $79,515 for the period October 1, 2001 through June 30, 2003, subject to approval of the Director, Health and Human Services Agency.

3.      Authorize the Clerk of the Board to amend the contract as required during its term to reflect changes in service requirements and funding allocations so long as amendments do not materially alter contract terms and conditions, subject to the approval of the Director, Health and Human Services Agency.

  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

     

4.

SUBJECT:

COMPREHENSIVE TOBACCO CONTROL PLAN AND TOBACCO LAW ENFORCEMENT GRANT (DISTRICT:  ALL)

 

OVERVIEW:

 

The County has received funding from the State since 1989 for local tobacco education and prevention activities as a direct result of the 1988 California voter-approved Proposition 99, the Tobacco Tax Initiative.  This initiative added a 25-cent tax to each pack of cigarettes sold in California.  Every two to three years, the State Department of Health Services requires the County to submit a Comprehensive Tobacco Control Plan detailing the scope of work and budget according to State-mandated priority areas.  The last plan covered FY 1998-99 through FY 2000-01. The 12-year agreement funding the last four plans terminated on June 30, 2001.  The new Comprehensive Tobacco Control Plan covers the three-year period FY 2001-02 through FY 2003-04, and is to be funded from the next agreement with the State in the amount of $710,323 per year from Proposition 99 funding.

The State also intends to award the County a 33-month grant in the amount of $200,000 in Tobacco Settlement revenues to fund local enforcement of certain tobacco laws.  The Sheriff’s Department will provide the enforcement of these laws in the unincorporated area and cities it serves.  Board action is requested to approve execution of the two forthcoming revenue agreements.

These items support the Health and Wellness Initiative in the County’s Strategic Plan which promotes wellness among all County residents by emphasizing healthy lifestyles.

 

FISCAL IMPACT:

 

Partial funds of $723,959 are included in the FY 2001-03 Operational Plan, including  $13,636 of in-kind contribution for the Tobacco Law Enforcement grant.  If approved, this request will result in $778,499 current year cost and revenue and $801,235 cost and revenue, including in-kind contributions of $18,182, in the two subsequent fiscal years.  The funding source is the State Department of Health Services.  There will be no additional staff years.

 

BUSINESS IMPACT STATEMENT:

 

The County is required to enforce State Labor Code section 6404.5, which was expanded to include bars, taverns and gaming clubs effective January 1, 1998.  This law requires most places of employment to be smoke-free.  The Health and Human Services Agency will continue to provide compliance assistance to employers and the Sheriff’s Department will issue citations for non-compliance with the State law in the unincorporated area and cities it serves.

 

RECOMMENDATION:

 

CHIEF ADMINISTRATIVE OFFICER:

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

2.      Authorize the Clerk of the Board to execute, upon receipt, a revenue agreement with the State Department of Health Services in the amount of $710,323 per year for the periods July 1, 2001 through June 30, 2002, July 1, 2002 through June 30, 2003, and July 1, 2003 through June 30, 2004 for tobacco education and prevention services.

3.      Authorize the Clerk of the Board to execute, upon receipt, a revenue agreement with the State Department of Health Services in the amount of $200,000 for the period October 1, 2001 through June 30, 2004 for tobacco law enforcement activities.

4.      Authorize the Clerk of the Board to execute amendments, renewals and extensions to both revenue agreements, provided terms, conditions, program and funding are not materially impacted or altered.

5.      Establish appropriations of $54,540 in the Health and Human Services Agency for local enforcement of certain tobacco laws, based on unanticipated revenue from the State Department of Health Services grant.  (4 VOTES)

6.      Establish appropriations of $28,820 in the Sheriff’s Department budget for FY 2001-02, based on cost applied from the Health and Human Services Agency.

7.      In accordance with Section 401 of Article XXIII of the County Administrative Code and Board of Supervisors Policy A-96, Sequence for Obtaining a Chief Administrative Officer Determination Regarding Economy and Efficiency of Independent Contractors Pursuant to Charter Section 703.10, authorize the Director, Purchasing and Contracting, to issue up to seven Request for Proposals for anti-tobacco programs; and upon successful negotiations and determination of a fair and reasonable price, award contracts for a performance period through June 30, 2002 with two option years and up to an additional six months if needed, and to amend the contracts to reflect changes in funding or service requirements, subject to the approval of the Director, Health and Human Services Agency and the Chief Administrative Officer’s determination of economy and efficiency.

  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

     

5.

SUBJECT:

INDIGENT BURIAL AGREEMENT WITH THE CITY OF SAN DIEGO (DISTRICT: ALL)

 

OVERVIEW:

 

The Health and Human Services Agency, through the Public Administrator, oversees the County of San Diego’s Indigent Burial program.  This item requests Board approval for a sole source agreement with the City of San Diego to increase the rates for burial of indigent decedents at the City’s Mt. Hope Cemetery. 

 

FISCAL IMPACT:

 

Appropriations for this request are included in the FY2001-2002 Operational Plan. The funding source for the increased indigent disposition rates, approximately $15,000, is General Revenue.  There is no increase in staff required.

 

RECOMMENDATION:

 

CHIEF ADMINISTRATIVE OFFICER:

In accordance with Board Policies A-87, Competitive Procurement and A-96, Sequence for Obtaining A Chief Administrative Officer Determination Regarding Economy and Efficiency of Independent Contractors Pursuant to Charter Section 703.10, ratify and authorize the Chief Administrative Officer to execute an agreement between the County of San Diego and the City of San Diego to increase indigent burial fees effective July 1, 2001.  Waive the advertising requirement of Board Policy A-87.

 

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

     

6.

SUBJECT:

NOTICED PUBLIC HEARING:

TARGETED CASE MANAGEMENT FEE SCHEDULE (DISTRICT: ALL)

 

OVERVIEW:

The Health and Human Services Agency, through the Aging & Independence Services division, administers programs that serve seniors and disabled citizens.  Two of the programs, Linkages and AIDS Case Management, are eligible for federally funded Targeted Case Management revenue.  The State requires programs receiving Targeted Case Management funding to establish a client fee schedule in order to be eligible for the revenue program.  This item requests Board approval of an ordinance amending the San Diego County Administrative Code, which will establish the required fee schedule.

This item supports the Self Sufficiency Initiative in the County’s Strategic Plan by addressing the needs of seniors and disabled residents at risk of institutionalization who need services in order to remain safely in their homes.

 

FISCAL IMPACT:

There is no fiscal impact associated with this request.

 

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER

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

      AN ORDINANCE ADDING SECTION 249 TO ARTICLE XV-B OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO TARGETED CASE MANAGEMENT SERVICES FEES—AGING & INDEPENDENCE SERVICES

      Submit the Ordinance for further Board consideration and adoption (second reading) on October 9, 2001.

  ACTION:
 

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, introducing Ordinance for further consideration on October 9, 2001.

AYES: Cox, Jacob, Slater, Roberts, Horn

     

7.

SUBJECT:

NEW OFFICE SPACE FOR HEALTH AND HUMAN SERVICES AGENCY CENTRAL REGION  (DISTRICT: 4)

 

OVERVIEW:

 

The Health and Human Services Agency has a requirement for additional office space for Aging & Independence Services and Central Region staff who are currently located in three offices within the Central Region.  The Board is requested to approve in principle the leasing of up to 21,022 square feet of office space in the Central Region and authorize the Department of General Services to negotiate a lease for the required space.  The need for the additional space is supported by a space validation recently completed by the Department of General Services.

 

FISCAL IMPACT:

 

There is no fiscal impact associated with this proposal for Fiscal Year 2001/2002.  If approved, this request will result in an estimated Fiscal Year 2002/2003 cost and revenue of $672,181 and an estimated Fiscal Year 2003/2004 cost and revenue of $493,671.  The funding sources are State and Federal Funding for In-Home Supportive Services, Social Services Realignment Revenue, State general fund allocation for Adult Protective Services, Health Realignment Revenue, and State and Federal revenue for CalWORKs and Medi-Cal.  There will be no change in net General Fund and no additional staff years.

 

RECOMMENDATION:

 

CHIEF ADMINISTRATIVE OFFICER:
1.      Find, in accordance with Section 15262 of the California Environmental Quality Act Guidelines (CEQA) that this project is categorically exempt from the provisions of the Act, because it consists of a study leading to a possible action which the Board has not yet approved or adopted.

2.      Approve in principle the leasing of 21,022 square feet of space for the Health and Human Services Agency.

3.       Authorize the Director of General Services to conduct a search for office space in the Central Region, negotiate a lease for the proposed space, and return to the Board of Supervisors for approval of a lease agreement.

  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

     

8.

SUBJECT:

DOMESTIC TERRORISM PREPAREDNESS

(DISTRICT: ALL)

 

OVERVIEW:

 

The tragic terrorist attacks on the World Trade Center and on the Pentagon on September 11th underscore the vulnerability of all Metropolitan areas throughout the United States. They also underscore the need for continued improvement in local preparedness. Preparing for Domestic Terrorism is a major part of the overall mission of the Office of Disaster Preparedness. Following are two issues which support this mission.  The first is a recommendation to authorize acceptance of a $30,269 grant from the U.S. Department of Justice which is administered by the State of California.  The purpose of the grant is to conduct a countywide review of our ability and needs for responding to a domestic terrorism threat.  Future federal grants will be dependent on the completed needs assessment. The second issue is a recommendation to adopt the Terrorism Annex (Annex P) of the Operational Area Emergency Plan.  This new annex pulls together various aspects from the other annexes and adds additional information as necessary.  It was approved by the Unified Disaster Council on June 21, 2001 and upon adoption by your Board, it will become part of the previously approved County of San Diego Operational Area Emergency Plan. These issues also support recommendations from the February 2000 Bioterrorism Response Preparedness Conference.

 

FISCAL IMPACT:

 

Funds for this request are not budgeted.  The funding source is the State of California, Office of Emergency Services.  If approved, it will result in $30,269 current year costs, with no match requirement, no annual cost, and will require no additional staff years.

 

RECOMMENDATION:

 

CHIEF ADMINISTRATIVE OFFICER:

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

2.      Ratify the application for the Domestic Preparedness Grant submitted by the Office of Disaster Preparedness.

3.      Authorize the Director of the Office of Disaster Preparedness to accept the grant in the amount of $30,269, from the State of California to conduct a Needs Assessment for Domestic Preparedness.

4.      Establish appropriations of $30,269 in the Office of Disaster Preparedness FY 2001-2002 budget based on unanticipated revenue from a grant from the State of California for a Needs Assessment for Domestic Preparedness. (4 Votes)

5.      Adopt the Unified San Diego County Emergency Services Organization Annex P as a component of the County Emergency Plan.

  ACTION:
 

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, and directed the Chief Administrative Officer

to prepare a recommended County of San Diego Preparedness Checklist and to increase the public education campaign to better inform the public regarding preparation for potential biological and chemical attacks.

 AYES: Cox, Jacob, Slater, Roberts, Horn

     

9.

SUBJECT:

REPORT ON FLAMMABLE VEGETATION CLEARANCE (DISTRICT: ALL)

(Carryover Item from 9/12/01, Agenda No. 23)

 

OVERVIEW:

 

On September 12, 2001 (23), your Board continued this item to September 25, 2001, at the request of the Chief Administrative Officer.

On April 24, 2001(1), at the recommendation of Supervisor Jacob, your Board directed the Chief Administrative Officer to review current County regulations for residential brush clearing to determine if property owners should be allowed to clear brush further than 100 feet from a structure.  A review of County regulations indicates that there is a need for standardization within the County for brush clearance.  Fire Agencies in the unincorporated areas agree with a standard for brush clearance of 100 feet from structures on improved property and have incorporated this distance into their district weed abatement ordinances.  Agreements with Federal and State agencies limit clearance of brush to 100 feet from structures due to current environmental and endangered species regulations.

 

FISCAL IMPACT:

 

Funds for this request are budgeted. If approved, this request will require no additional cost and no additional staff years.

 

RECOMMENDATION:

 

CHIEF ADMINISTRATIVE OFFICER:

1.      Endorse a standard distance of 100 feet for clearing brush from residential structures where possible on improved property throughout San Diego County.

2.      Direct the Chief Administrative Officer to draft a letter to the Director of the California Department of Forestry and Fire Protection, for the Chair's signature, urging her support to amend the Public Resources Code for fire hazard abatement in weed abatement to authorize the California Department of Forestry in San Diego County to enforce the current County Ordinances on State Responsibility Area lands.

  ACTION:

Clarifying Recommendation No. 1 that additional clearing would be allowed if approved by fire agencies, and it's consistent with the Memorandum of Understanding; ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, and directed the Chief Administrative Officer to include this item in the Legislative Program, and directed our Legislative Representatives advocate for a change in the State Code.

 

AYES: Cox, Jacob, Slater, Roberts, Horn

     

10.

SUBJECT:

SHERIFF’S DEPARTMENT CONTRACT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE

(DISTRICT: ALL)

 

OVERVIEW:

 

This request is to ratify a revenue agreement between the San Diego County Sheriff’s Department and the Office of Inspector General (OIG), United States Department of Agriculture, for $20,000 for the period July 19, 2001 to January 15, 2002, for expenses related to apprehending criminals who steal and smuggle agricultural products and equipment.  This program supports the County’s crime prevention initiative by providing a new resource for deterring criminal activity.

 

FISCAL IMPACT:

 

Funds for this request are not budgeted.  The funding source is the Office of Inspector General (OIG), United States Department of Agriculture, which allows only direct cost reimbursement under the agreement.  If approved, this request will result in current year costs of $20,000 and revenue of $20,000.  Future years will not be affected.  There will be no increase in net County costs and this request will not require any additional staff years.

 

RECOMMENDATION:

 

SHERIFF:

1.      Waive Board Policy A-91, Mid-Year Budget Changes.

2.      Waive Board Policy B-29: Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, as indirect costs are not recoverable under the agreement with the United States Department of Agriculture.

3.      Ratify the revenue agreement between the San Diego County Sheriff’s Department and the Office of Inspector General (OIG), United States Department of Agriculture for $20,000 for the period July 19, 2001 to January 15, 2002 for expenses related to apprehending criminals who steal and smuggle agricultural products and equipment, and authorize the Sheriff to execute any extensions, amendments and/or revisions thereof that do not materially impact or alter either the program or funding level.

4.      Establish appropriations of $20,000 in the Sheriff’s Department for agriculture law enforcement services for salaries & benefits of $10,000 and services & supplies of $10,000, based on unanticipated revenue from the United States Department of Agriculture.  (4 VOTES)

  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:

SHERIFF’S CRIME LAB PROCUREMENT OF DNA GENETIC ANALYZER SYSTEM (DISTRICT: ALL)

 

OVERVIEW:

 

Approval is requested to procure a DNA Genetic Analyzer System, manufactured by Applied Biosystems.  With the increase in trained staff, this equipment is necessary so that more DNA testing can be conducted.  Increasing DNA testing within the Crime Lab lessens the dependence on sending DNA testing out to private labs, which is done at considerable cost. 

 

FISCAL IMPACT:

 

Funds for this request are budgeted.  The funding source is the Sheriff’s Department budget.  Existing appropriations in the Crime Lab maintenance account are sufficient to cover the annual maintenance costs on this equipment.  If approved, this request will result in current year cost of $60,000, annual maintenance cost of $4,500 and will not require additional staff years.

 

RECOMMENDATION:

 

SHERIFF:

In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contacting Director to acquire brand name equipment manufactured by Applied Biosystems and subject to successful negotiations and determination of fair and reasonable prices, award a contract for a DNA Genetic Analyzer System. Waive the advertising and competitive procurement requirements of Board Policy A-87.

  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
 

12.

SUBJECT:

SHERIFF’S SYSTEM MASTER PLAN, LAS COLINAS MASTER PLAN AND EAST OTAY MESA DETENTION COMPLEX MASTER PLAN FINDINGS & RECOMMENDATIONS REPORT (DISTRICT: ALL)

 

OVERVIEW:

 

On August 10, 1999 (14) your Board authorized the preparation of a System Master Plan for Sheriff’s future jail needs and the Las Colinas Master Plan.  On February 8, 2000 (10) your Board further authorized the preparation of the East Otay Mesa Complex Master Plan. The master plans are now complete.  They provide specific recommendations to the Board regarding the Sheriff’s jail system, the Las Colinas women’s detention facility and the East Otay Mesa property.  This letter presents the Board with the final report and requests that implementation recommendations in the master plans be referred to the FY 02-03 Capital Improvements Plan and FY 02-03 Operational Plan.

 

FISCAL IMPACT:

 

If approved, this request will result in no current year cost, no annual cost and will require no additional staff years.   

 

RECOMMENDATION:

 

SHERIFF:

1.      Find in accordance with Section 15262 of the State of California Environmental Quality Act Guidelines that the proposed actions are exempt from the Act in that they consist solely of studies and recommendations for possible future actions which have not been currently funded, do not have a legally binding effect on later activities and will not have a significant impact on the environment.

2.      Receive the System Master Plan, Las Colinas Master Plan and the East Otay Mesa Detention Complex Master Plan prepared for the Board by Carter Goble Associates.

3.      Refer implementation recommendations in the master plans to the FY 02-03 Capital Improvements Plan and FY 02-03 Operational Plan.

  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:

PROBATION DEPARTMENT – COMMUNITY ASSESSMENT TEAMS (CATS) AND WORKING TO INSURE AND NURTURE GIRLS’ SUCCESS (WINGS) CONTRACTS (DISTRICT: ALL)

 

OVERVIEW:

 

This is a request to approve contract amendments with Escondido Youth Encounter Crisis and Counseling Services (E.Y.E.) and execute new contracts with North County Lifeline (NCL).  The Community Assessment Teams (CATs) and Working to Insure and Nurture Girls’ Success (WINGS) programs currently have separate contracts with E.Y.E., who subcontracts with North County Lifeline.  The CATs and WINGS programs provide support services, such as mentoring, access to intervention, and parent support, to juvenile offenders and at risk youth.  Approval of this request will allow for continuity of service and efficient reimbursement to each contractor, and will not change or alter the program or total contract cost.

 

FISCAL IMPACT:

 

Funds for this request total $1,737,338 and are included in the Probation Department’s Fiscal Year (FY) 2001-2002 Operational Plan.  If approved, this request will result in no additional costs.  No additional staff years are required. The funding sources for these contracts are State Board of Corrections Grant Funds ($528,930); Crime Prevention Act 2000 ($818,780); General Fund ($389,628).

 

RECOMMENDATION:

 

CHIEF ADMINISTRATIVE OFFICER

1.      In accordance with Board Policies A-87, “Competitive Procurement,” and A-96, “Sequence for Obtaining a Chief Administrative Officer Determination Regarding Economy and Efficiency of Independent Contractors,” authorize the Director, Purchasing and Contracting, to enter into negotiations with Escondido Youth Encounters to change the annual cost from $1,208,408 to $561,910 (CATs) and from $528,930 to $338,950 (WINGS) for the period July 1, 2001 through June 30, 2002 and subject to successful negotiations and determination of a fair and reasonable price to amend Contract Numbers 43930 (CATs) and 44617 (WINGS) with Escondido Youth Encounters; and to amend language to reflect changes to services and funding allocations that do not materially impact or alter the program, subject to the approval of the Chief Probation Officer.

2.      In accordance with Board Policies A-87, “Competitive Procurement,” and A-96, “Sequence for Obtaining a Chief Administrative Officer Determination Regarding Economy and Efficiency of Independent Contractors,” authorize the Director, Purchasing and Contracting, to enter into negotiations with North County Lifeline at a cost not to exceed $646,498 for CATs and $189,980 for WINGS, and subject to successful negotiations and determination of a fair and reasonable price and subject to the CAO’s determination of economy and efficiency, execute retroactive contracts for the period July 1, 2001 through June 30, 2002 to correspond to the County fiscal year.

  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:

EMPLOYEE BENEFITS CONTRACTS

(DISTRICT:  ALL)

 

OVERVIEW:

 

The Memorandums of Agreements between the County of San Diego and the labor organizations include the County’s flexible benefits plan, OPTIONS.  The renewal of the insurance contracts is necessary for the County of San Diego to continue to provide the flexible benefits plan to employee.

 

FISCAL IMPACT:

 

This action will not require additional appropriations.  The County has included the funding for employee benefits in all departmental budgets for Fiscal Year 2001-2002.

 

RECOMMENDATION:

 

CHIEF ADMINISTRATIVE OFFICER

Approve and authorize the Clerk of the Board of Supervisors to execute contracts and contract amendments, upon receipt, with the following health and insurance benefits providers for the period beginning October 1, 2001 through September 30, 2002: Aetna US Healthcare; Kaiser Permanente Health Plan; Denticare of California; Pacificare Dental Plan; Plan Handlers Incorporated; Vision Service Plan; Aetna Life Insurance Company; Transamerica Life Insurance Company, and Standard of Oregon, and authorize the Director of the Department of Human Resources to execute any amendments to these contracts that do not materially alter the contract terms.

  ACTION:
 

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors authorized the Director of Human Resources to negotiate fair and equitable terms and to execute resultant contracts and contract amendments, upon receipt, with the following health and insurance benefits providers for the period beginning October 1, 2001 through September 30, 2002: Aetna US Healthcare; Kaiser Permanente Health Plan; Denticare of California; Pacificare Dental Plan; Plan Handlers Incorporated; Vision Service Plan; Aetna Life Insurance Company; Transamerica Life Insurance Company, and Standard of Oregon, and authorize the Director of the Department of Human Resources to execute any amendments to these contracts that do not materially alter the contract terms, on Consent. 

AYES: Cox, Jacob, Slater, Roberts, Horn

     

15.

SUBJECT:

ADMINISTRATIVE ITEM:

APPOINTMENT (DISTRICT: ALL)

 

OVERVIEW:

 

This appointment is in accordance with applicable Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees.

 

FISCAL IMPACT:

 

N/A

 

RECOMMENDATION:

 

SUPERVISOR SLATER:

Reappoint Dr. Jerry Spahn to the Environmental Health Advisory Board, for a term to expire September 27, 2004.

Appoint Francesca Mecia Krauel to the Business Practices Review Committee, for a term to expire September 25, 2002.

  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

     

16.

SUBJECT:

COMMUNICATIONS RECEIVED (DISTRICT: 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.

 

FISCAL IMPACT:

 

Not Applicable.

 

RECOMMENDATION:

 

CHIEF ADMINISTRATIVE OFFICER:

Note and file.

  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

     

17.

SUBJECT:

CLOSED SESSION (DISTRICT: ALL)

 

OVERVIEW:

 

A.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

People ex rel. Air Pollution Control District v. A Cut Above Foods, Inc.; San Diego County Superior Court No. GIC 757921

B.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Jacquelyn Giles, et al. v. Bill Horn, et al.; Fourth District Court of Appeal No. D037419

C.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

County of San Diego, et al. v. State of California, et al.; Fresno County Superior Court No. 01-CE-CG02600

D.        CONFERENCE WITH LEGAL COUNSEL – THREATENED LITIGATION

Anticipated litigation pursuant to section (b) of Government Code section 54956.9
No. of Potential Cases: 1         

E.        CONFERENCE WITH LABOR NEGOTIATORS

Designated Representatives:  Carlos Arauz, Madge Blakey and Mike Kolb
Employee Organizations:  All

  ACTION:
 

Any reportable matters will be announced prior to the Wednesday, September 26, 2001 Board of Supervisors Planning and Land Use Meeting.

     

18.

SUBJECT:

STOPPING SUSPECTED DRUNK DRIVERS AT THE BORDER (DISTRICT: ALL)

 

OVERVIEW:

 

Since 1995, the County of San Diego has taken numerous steps to protect the lives of the residents throughout the region. Such efforts include working with the Policy Panel on Youth Access to Alcohol and the Border Project to Reduce U.S. Teen and Binge Drinking in Mexico. Measures include approving a series of actions to address public health and safety problems related to San Diego youth drinking alcohol in Mexico as well as adopting strategies to assist in the reduction and prevention of public health and public safety problems along the border.

In the past year, two California Highway Patrolmen have been struck and killed by alleged drunk drivers returning from an evening of drinking in Mexico. In response, CHP Commissioner D.O. Helmick has allocated $50,000 to cover overtime for increased law enforcement along the Interstate 5 corridor since this most recent accident. While we applaud this proactive approach by CHP, other agencies need to step in and address this problem at the border as well.

Approval of today’s recommendations will strengthen the existing efforts that address public health and safety issues related to underage drinking in Mexico by seeking federal legislation that would allow Immigration and Naturalization Services (INS), U.S. Customs officers and the Border Patrol to detain suspected drivers under the influence of drugs or alcohol.

 

FISCAL IMPACT:

 

There are no fiscal impacts associated with these recommendations.

 

RECOMMENDATION:

 

SUPERVISOR COX AND SUPERVISOR JACOB:

1.      Direct the Chief Administrative Officer to seek federal legislation to allow Immigration and Naturalization Services, U.S. Customs and the Border Patrol to detain drivers suspected of being under the influence of drugs and/or alcohol and direct them to awaiting local law enforcement for sobriety checks.

2.      Direct the Chief Administrative Officer to work with appropriate federal officials to amend the Immigration and Nationality Act (INA) to require the Attorney General, at each point where motor vehicles regularly enter a land border point of entry, to post a notice that operation of a motor vehicle with a drug or alcohol in the driver’s body at a land border port of entry is an offense under Federal law.

3.      Direct the Chief Administrative Officer to continue to work with the INS, U.S. Customs, the Border Patrol, California Highway Patrol, the Sheriff, local police departments and other organizations to pursue additional remedies to address the issue of underage drinking in Mexico and subsequent vehicle related accidents in the United States and return to the Board in 90 days with a status report.

  ACTION:
 

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, and directed the Chief Administrative Officer to send letters to the 18 cities in the region asking for their support in the effort to stop underage drunk drivers entering the United States, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

     

19.

SUBJECT:

LOCAL COMMUNITY PROJECT FUND (DISTRICT: 3)

 

OVERVIEW:

 

The County’s improved fiscal condition has enabled it to reinvest taxpayer money back into our communities for the benefit of our shareholders, the public.  This item proposes  projects of great benefit to the public.

 

FISCAL IMPACT:

 

The total cost is $3,000.  Appropriations are available in the Community Projects budget unit (0263).  This will result in the addition of no staff years and no future year costs.

 

RECOMMENDATION:

 

SUPERVISOR SLATER:

1.      Allocate specific funding as indicated, for the community organization listed below. Authorize the Chief Financial Officer to execute agreements with the organization based upon terms that require the funds to be used in furtherance of public purposes:

Allocate $3,000 from the Community Project (0263) to the Escondido Firefighters' Association.

  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

     

20.

SUBJECT:

LOCAL COMMUNITY PROJECT FUND (DISTRICT: 3)

 

OVERVIEW:

 

The County’s improved fiscal condition has enabled it to reinvest taxpayer money back into our communities for the benefit of our shareholders, the public.  This item proposes projects of great benefit to the public.

 

FISCAL IMPACT:

 

The total cost is $36,509.  Appropriations are available in the Community Projects budget unit (0263).  This will result in the addition of no staff years and no future year costs.

 

RECOMMENDATION:

 

SUPERVISOR SLATER:

1.      Allocate specific funding as indicated, for the community organization listed below. Authorize the Chief Financial Officer to execute agreements with the organization based upon terms that require the funds to be used in furtherance of public purposes:

Allocate $36,509 from the Community Project (0263) to the San Diego Dance Theater for the Mary Anthony Dance 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

 

21.

SUBJECT:

SUPPORT FOR EMPLOYEES ORDERED TO ACTIVE MILITARY DUTY TO COMBAT TERRORISM

(DISTRICT: ALL)

 

OVERVIEW:

 

In response to the terrible events of September 11, 2001, the military has begun calling up 35,000 reservists and members of the national guard for an anticipated war on terrorism and effort to strengthen defenses here at home.  It is estimated that some County employees may be ordered to active duty.  It is important to ensure that County employees and families of employees ordered to active military duty do not suffer financially.  This action amends the San Diego County Compensation Ordinance by adding an “anti-Terrorist Campaigns” section to support those County employees who are called to active military duty to combat terrorism in the wake of the September 11, 2001 attacks.

 

FISCAL IMPACT:

 

Funding is available within the FY 2000-2001 Budget.

 

RECOMMENDATION:

 

SUPERVISOR ROBERTS AND SUPERVISOR COX:

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

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE

Submit ordinance for further Board considerati