STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING
TUESDAY, OCTOBER 9, 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 9:07 a.m.

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

Invocation by Chairman Bill Horn

Pledge of Allegiance to the Flag led by Brian Wheeler, Santana High School

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

September 12, 2001 and September 18, 2001

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meeting of September 12, 2001 and September 18, 2001. 

AYES: Cox, Jacob, Slater, Roberts, Horn

PUBLIC COMMUNICATION

(No Speakers)

Board of Supervisors' Agenda Items

Category

Agenda No.

Subject:

Health & Human Services

1.

RESUSCITATING THE TRAUMA AND EMERGENCY SYSTEM IN SAN DIEGO COUNTY

 

2.

SAMHSA FUNDING FOR CHILDREN’S MENTAL HEALTH SERVICES

[FUNDING SOURCE(S): SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA)]

(4 VOTES)

 

3.

CHILDREN’S MENTAL HEALTH SERVICES – ACUTE PSYCHIATRIC BACK-UP BED-DAY SERVICES

[FUNDING SOURCE(S): MENTAL HEALTH REALIGNMENT]

 

4.

MENTAL HEALTH SERVICES - FISCAL YEAR 2001-02 FEDERAL BLOCK GRANT SPENDING PLANS AND COMMUNITY AIDS RESPONSE SYSTEM STATE REVENUE AGREEMENT

[FUNDING SOURCE(S): SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION,  PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS, AND THE STATE OF CALIFORNIA COMMUNITY AIDS RESPONSE SYSTEM PROGRAM]

 

5.

ANNUAL PERFORMANCE CONTRACT WITH THE CALIFORNIA DEPARTMENT OF MENTAL HEALTH

 

6.

ADMINISTRATIVE ITEM:

CONTINUED NOTICED PUBLIC HEARING:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: TARGETED CASE MANAGEMENT FEE SCHEDULE

Public Safety

7.

FISCAL YEAR 2001-2002 APPLICATION FOR FUNDING OF DISTRICT ATTORNEY INSURANCE FRAUD PROGRAMS

[FUNDING SOURCE(S): CALIFORNIA DEPARTMENT OF INSURANCE]

 

8.

SHERIFF’S DEPARTMENT PROCUREMENT OF BODY ARMOR, WEAPONS, AMMUNITION, HOLSTERS AND BADGES

Community Services

9.

AS-NEEDED REAL PROPERTY APPRAISAL SERVICES

 

10.

SET HEARING FOR 11/13/2001

INTENTION TO ENTER INTO A LEASE OF REAL PROPERTY – COUNTY PARCEL 97-0195-A – STATE AND B STREET, DOWNTOWN SAN DIEGO

(4 VOTES)

Financial & General Government

11.

ADMINISTRATIVE ITEM:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: SUPPORT FOR EMPLOYEES ORDERED TO ACTIVE MILITARY DUTY TO COMBAT TERRORISM

Appointments

12.

ADMINISTRATIVE ITEM:

APPOINTMENTS

Communications Received

13.

COMMUNICATIONS RECEIVED

Closed Session

14.

CLOSED SESSION

Health & Human Services

15.

DEVELOPING A STRATEGY TO MONITOR SEXUALLY VIOLENT PREDATORS

 

16.

WORKING TOGETHER FOR RESPONSIBLE REGIONAL EMERGENCY SERVICES AND FACILITIES

Financial & General Government

17.

BRINGING THE PLEDGE OF ALLEGIANCE BACK TO THE CLASSROOM

Health & Human Services

18.

UPGRADES TO THE EMERGENCY SERVICES DATA SHARING NETWORK

Presentations / Awards

19.

PRESENTATIONS/AWARDS

 

 

1.

SUBJECT:

RESUSCITATING THE TRAUMA AND EMERGENCY SYSTEM IN SAN DIEGO COUNTY (DISTRICT: ALL)

  OVERVIEW:
 

Trauma care in the state of California is at risk of going under.  According to a January 2001 report titled, California’s Trauma Care: In Crisis, there are two major infrastructure problems facing the healthcare system in this state -- California does not have a statewide trauma system and there is no dedicated funding source for this care. When one out of three people accessing our trauma care system are without insurance, there is a significant operational and economic impact that affects all health care recipients.  San Diego County is not immune from this problem. Although, there are no hard and fast numbers, it has been estimated that the total dollar loss for hospitals in our trauma system ranges from $15-$20 million dollars per year.  In fact, this was cited as one of the reasons why Scripps East County Hospital was forced to close down last year.  While it is the responsibility of the State to address problems facing our trauma care system as a whole, we clearly have a crisis in our County that commands the attention of this Board. With our tobacco settlement dollars, we have an opportunity to help out in the short term until a long-term strategy is developed to deal with this situation.

  FISCAL IMPACT:
 

None with this action.

  RECOMMENDATION:
 

SUPERVISOR ROBERTS AND SUPERVISOR COX:

1.    Direct the Chief Administrative Officer to develop a plan, working with the Healthcare Association of San Diego and Imperial Counties and other non-profit healthcare groups, to use $2 million per year for each of the next two fiscal years from the County’s share of tobacco settlement to aid the trauma and emergency care system in San Diego County.

2.   Designate $4 million of tobacco settlement proceeds to support the trauma and emergency care system in San Diego County.

3.   Direct the County’s Sacramento and Washington, D.C. representatives to advocate for long-term funding for our trauma and emergency care system at the state and federal level and to support appropriate legislation.

  ACTION:
 

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

AYES: Cox, Jacob, Slater, Roberts, Horn

   

2.

SUBJECT:

SAMHSA FUNDING FOR CHILDREN’S MENTAL HEALTH SERVICES (DISTRICT: ALL)

  OVERVIEW:
 

Supervisor Cox and Supervisor Jacob Board letter adopted December 12, 1995 (46). 

In accordance with Board direction of December 12, 1995 (46), the Health and Human Services Agency has developed a comprehensive Children’s Mental Health Services system of care for seriously emotionally disturbed children and adolescents, and their families.  On April 21, 1998 (7), the Board accepted the Substance Abuse and Mental Health Services Administration (SAMHSA) grant award, which has been vital in meeting the County goal of establishing a comprehensive system of care.  Initially, this was a five-year, $7 million grant (September 30, 1997, through August 31, 2002).  Recently, SAMHSA extended the period to August 31, 2003, and increased the grant amount by $1.5 million to a total grant award of $8,500,000. 

Today’s item requests ratification of the SAMHSA grant award, authorization to accept subsequent years’ SAMHSA annual grant allocation and funding increases, and extensions in the SAMHSA grant period of performance.  This is also a request to authorize the Director of Health and Human Services to approve the SAMHSA annual spending plans. 

This request advances the Health and Wellness Initiative in the County’s Strategic Plan to increase the availability, quality and timeliness of mental health services.  It provides support to the Children’s Mental Health system of care for seriously emotionally disturbed children and adolescents, and their families, which incorporates the wraparound philosophy.

  FISCAL IMPACT:
 

The Fiscal Year 2001-03 Operational Plan includes $2,317,077 for this request.  If approved, this request will result in an increase of $212,424 in current year cost and revenue (from rollover funding from FY 2000-01) for a total of $2,529,501, and subsequent year cost and revenue of $1,500,000.  The funding source is Substance Abuse and Mental Health Services Administration (SAMHSA).  There will be no increase in General Fund cost and no additional staff years.

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER:

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

2.      Ratify the Substance Abuse and Mental Health Services Administration (SAMHSA) grant award of $8,500,000 for the period of September 1, 1997, through August 31, 2003 ($1.5 million per year), for the establishment of a comprehensive system of care for seriously emotionally disturbed children and youths, and their families.

3.      Authorize the Clerk of the Board to execute amendments to the grant to accept future increased funding in the Substance Abuse and Mental Health Services Administration grant, and extend the period of the grant award provided terms, conditions, programs, and funding are not materially impacted or altered, subject to the approval of the Director of the Health and Human Services Agency.

4.      Authorize the Director of Health and Human Services to approve the FY2001-02 and subsequent years spending plan based on the grant from the federal Substance Abuse and Mental Health Services Administration.

5.      Establish appropriations of $212,424 in the Health and Human Services Agency based on unanticipated revenue from SAMHSA for the establishment of a comprehensive system of care for seriously emotionally disturbed children and youths, and their families (4 VOTES).

6.      In accordance with Section 401, 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, ratify and authorize the Director, Purchasing and Contracting, to issue a Request for Proposals, negotiate and award a contract for a family partnership coordinator for two years with one option year and up to an additional six months if needed, and to amend the contracts to reflect changes in funding or service requirements, subject to approval of the Director, Health and Human Services Agency and the CAO’s determination of economy and efficiency.

  ACTION:
 

Deleting Recommendation 4, 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:

CHILDREN’S MENTAL HEALTH SERVICES – ACUTE PSYCHIATRIC BACK-UP BED-DAY SERVICES (DISTRICT: ALL)

  OVERVIEW:
 

On February 6, 1990 (36) and July 12, 1994 (4), the Board authorized the Director, Department of Purchasing and Contracting, to establish agreements with local qualified private hospitals to provide acute psychiatric inpatient back-up bed-days for non-Medi-Cal eligible and indigent children and adolescents.  The back-up bed-days are required when the primary service provider, University of California at San Diego (UCSD) Department of Psychiatry, Children and Adolescent Psychiatry Services (CAPS) program is at capacity and unable to accept additional qualified children and adolescents.  Authorization for those agreements for back-up bed-days has expired.

Approval of today’s request will continue, for Fiscal Year 2001-2002 and subsequent Fiscal Years, authorization for those agreements for back-up bed-days with the three current providers, Aurora Behavioral Health Care, Sharp Mesa Vista and Bayview Behavioral Health Campus.  These three organizations are currently the only qualified providers in San Diego County.  Approval will ensure that local back-up bed-days, an estimated 152 bed-days, are available from these providers as necessary for the County to timely respond to the psychiatric emergency needs of indigent children and adolescents.

Approval of today’s request will also authorize the Director of Purchasing and Contracting to execute agreements with other local qualified service providers as they are licensed, qualified, and available to provide the required services.  The volume of required back-up bed-days continues to increase though the number of local providers has decreased.  Approval of the requested authorization will allow the Health and Human Services Agency, Children’s Mental Health Services, with the Department of Purchasing and Contracting, to use all opportunities to assist in the development of additional bed-day capacity and to access that capacity when it is available.

  FISCAL IMPACT:
 

Funds for this request are included in the Fiscal Year 2001-2002 Operational Plan.  If approved, this request will result in FY 2001-2002 cost and revenue of up to $125,000 and subsequent year cost and revenue of $133,750.  The funding source is Mental Health Realignment.  There will be no change in net General Fund cost, and no additional staff years.

  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, authorize the Director, Purchasing and Contracting, to negotiate for acute psychiatric inpatient back-up bed-days on an as needed basis with existing provider hospitals Aurora Behavioral Health Care, Sharp Mesa Vista and Bayview Behavioral Health Campus and any other qualified provider who becomes available to provide this service; and, subject to successful negotiations and determination of a fair and reasonable price per bed-day and pending the outcome of the Board Policy A-96 cost comparison, execute an agreement with each provider based upon anticipated need for as long as the provider is licensed, qualified and their agreement remains in good standing, and funds are available; and to amend the agreements as required for changes to services and funding, subject to the approval of the Director, Health and Human Services Agency, and the Chief Administrative Officer’s determination of economy and efficiency. 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
 

4.

SUBJECT:

MENTAL HEALTH SERVICES - FISCAL YEAR 2001-02 FEDERAL BLOCK GRANT SPENDING PLANS AND COMMUNITY AIDS RESPONSE SYSTEM STATE REVENUE AGREEMENT (DISTRICT: ALL)

  OVERVIEW:
 

The Health and Human Services Agency annually receives funding from two Federal Block Grant sources, Substance Abuse and Mental Health Services Administration (SAMHSA) and Projects for Assistance in Transition from Homelessness (PATH).  SAMHSA funds can be used for services to mentally ill adults, children and adolescents, but PATH funds can be used only for mentally ill adults who are also homeless.  To comply with California Department of Mental Health requirements, spending plans for the use of these funds must be developed annually.  The Board ratified the Fiscal Year 2000-01 SAMHSA and PATH spending plans on March 13, 2001 (10).  Today's action will ratify the FY 2001-02 plans, which have been submitted to the State, in accordance with State procedures.  In anticipation of an ongoing State process that annually requires County approval of the current year’s SAMHSA and PATH plans for the year's allocation, followed by issuance of an adjusted allocation, this action also seeks authorization for the Director, Health and Human Services Agency to approve future SAMHSA and PATH Plans and revised plans, provided terms, conditions, programs and funding are not materially impacted or altered.

Board action is also requested to authorize the Department of Purchasing and Contracting to conduct a competitive procurement for consultant/contractor services, to be approved as part of the SAMHSA plan, to coordinate the implementation of the Older Adult Mental Health Services Strategic Plan.

In addition to the SAMHSA funds, the Health and Human Services Agency annually receives funding from the California Department of Mental Health to help meet the costs of mental health services to AIDS patients, through the Community AIDS Response System program (CARES).  On March 13, 2001 (10) the Board of Supervisors ratified the renewal of the revenue agreement for FY 2000-01.  Today’s action seeks authorization for the Clerk of the Board to execute, upon receipt, a revenue agreement with the California Department of Mental Health for CARES funding in the amount of $85,000 for FY 2001-02 and two one-year extensions through June 30, 2004, and any amendments, renewals and additional extensions to the revenue agreement, subject to approval of the Director, Health and Human Services Agency, provided terms, conditions, programs and funding are not materially impacted or altered.

Continued acceptance of the SAMHSA, PATH and CARES funds advances the Health and Wellness Initiative in the County’s Strategic Plan to increase the availability, quality and timeliness of mental health services.

  FISCAL IMPACT:
 

Funds are included in the FY 2001-03 Operational Plan.  If approved, this request will result in FY 2001-02 cost and revenue of $2,820,191 and, in subsequent years, cost and revenue of $2,600,452.  The funding sources are Substance Abuse and Mental Health Services Administration, $2,488,217, Projects for Assistance in Transition from Homelessness, $246,974 and the State of California Community AIDS Response System program, $85,000.  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, Fees, Grants and Revenue Contracts – Department Responsibility for Cost Recovery.

2.   Ratify the proposed SAMHSA spending plan for FY 2001-02 for $2,268,477 in on-going annual base funding and $219,740 in one-time-only funding from prior years’ carry-over funding and authorize the Director, Health and Human Services Agency to approve future plans and revised plans, provided terms, conditions, programs and funding are not materially impacted or altered.

3.   Ratify the proposed PATH spending plan for FY 2001-02 for $246,974 in ongoing annual funding and authorize the Director, Health and Human Services Agency to approve future plans and revised plans, provided terms, conditions, programs and funding are not materially impacted or altered.

4.   Authorize the Clerk of the Board to execute, upon receipt, a revenue agreement with the California Department of Mental Health for Community AIDS Response System (CARES) funding in the amount of $85,000 for FY 2001-02 and two one-year extensions through June 30, 2004, and any amendments, renewals and additional extensions to the revenue agreement, subject to approval of the Director, Health and Human Services Agency, provided terms, conditions, programs and funding are not materially impacted or altered.

5.   In accordance with Section 401, 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 a Request for Proposals to select a consultant or contractor to coordinate the implementation of the Older Adult Mental Health Services Strategic Plan for the Health and Human Services Agency’s service delivery regions; and upon successful negotiations and determination of a fair and reasonable price, award a one-year contract with up to an additional six months if needed, and to amend the contract to reflect changes in funding or service requirements, subject to approval of the Director, Health and Human Services Agency and the Chief Administrative Officer’s determination of economy and efficiency.

  ACTION:
 

Revising Recommendation 2 to read " Ratify the proposed SAMHSA spending plan for FY 2001-02 for $2,268,477 in on-going annual base funding and $219,740 in one-time-only funding from prior years’ carry-over funding, 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:

ANNUAL PERFORMANCE CONTRACT WITH THE CALIFORNIA DEPARTMENT OF MENTAL HEALTH (DISTRICTS:  ALL)

  OVERVIEW:
 

Each year the State of California, under provisions of the California Welfare and Institutions Code, enters into agreements with counties through a Performance Contract to provide basic mental health services in exchange for State funding for those services.  The Performance Contract, in addition to establishing the County's responsibility to provide public mental health services throughout San Diego County, also includes:  provisions for services provided to Medi-Cal eligible clients, including reimbursement rates; terms and conditions for the County to contract with the State for State Hospital beds, including a reimbursement rate; and performance requirements for services funded by State Mental Health Realignment (Bronzan-McCorquodale Act).

The Board ratified the Fiscal Year 1999-00 Performance Contract on October 31, 2000 (16), and today’s action seeks ratification of the FY 2000-01 Performance Contract.  Performance Contracts with the State have been ratified by the Board annually, since 1991.  In anticipation of an ongoing State process that annually issues a single-year Performance Contract, this action also seeks authorization for the Clerk of the Board, subject to the approval of the Director, Health and Human Services Agency, to execute ongoing Performance Contracts with the State.  Policy-related issues or significant funding changes will continue to be submitted to the Board of Supervisors for approval.

The Performance Contract establishes the County’s basic responsibility to provide public mental health services to the citizens of San Diego County.  Therefore, this request is in accordance with the Health and Wellness Initiative in the County’s Strategic Plan to increase the availability, quality and timeliness of mental health services, including treatment beds and outpatient services.

  FISCAL IMPACT:
 

This action has no fiscal impact on the FY 2001-03 Operational Plan.  This request was included in the FY 2000-01 Health and Human Services Operational Plan and was obligated and expended during the same fiscal year.

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER:

1.  Ratify and authorize the Clerk of the Board to execute the Fiscal Year 2000-01 Performance Contract with the California Department of Mental Health.

2.  Authorize the Clerk of the Board to execute amendments and the annual renewal of the Performance Contract with the California Department of Mental Health, subject to approval of the Director, Health and Human Services Agency, provided terms, conditions, funding and programs are not materially impacted or altered.

  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:

ADMINISTRATIVE ITEM:

CONTINUED NOTICED PUBLIC HEARING:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: TARGETED CASE MANAGEMENT FEE SCHEDULE

(DISTRICT: ALL)

  OVERVIEW:
 

On September 25, 2001 (6), your Board introduced Ordinance for further Board consideration on October 9, 2001.

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

Adopt Ordinance entitled:

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

  ACTION:
 

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent; adopting Ordinance No. 01-9394, entitled:

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

AYES: Cox, Jacob, Slater, Roberts, Horn

   

7.

SUBJECT:

FISCAL YEAR 2001-2002 APPLICATION FOR FUNDING OF DISTRICT ATTORNEY INSURANCE FRAUD PROGRAMS (DISTRICT: ALL)

  OVERVIEW:
 

On October 10, 2000 (6), your Board approved the Fiscal Year 2000-2001 applications for funding of District Attorney Insurance Fraud programs.  The annual submission of applications to the California Department of Insurance seeks to continue funding of the District Attorney Twelfth Year Automobile Insurance and Ninth Year Workers’ Compensation Insurance Fraud Programs, which have been in operation since 1989 and 1992 respectively.  The Automobile and Workers' Insurance Fraud Units investigate and prosecute fraudulent automobile and workers' compensation insurance claims seeking to reduce the frequency and severity of future insurance fraud.  Fiscal Year 2001-2002 applications are now being accepted for funding of enhanced investigation and prosecution of automobile and workers’ compensation insurance fraud.  This program supports the Crime Prevention and Fiscal Stability Initiatives of the County's FiveYear Strategic Plan. 

  FISCAL IMPACT:
 

The funding source is the California Department of Insurance.  If approved, this request will allow the County to receive funds included in the Fiscal Year 2001-2002 Adopted Operational Plan in the amount of $3,229,157.  Funding applied for totals $4,378,072 to allow for program expansion.  If the grant awards exceed the budgeted amounts and if appropriation changes are required the Office of the District Attorney will return to the Board of Supervisors.

The automobile and workers' compensation insurance fraud grants will continue to fund 41 permanent staff and convert one temporary expert professional to one permanent position. Funds appropriated in the Fiscal Year 2001-2003 Operational Plan for the temporary position will be used to fund the permanent position.  If approved, this request will result in the addition of one staff year.

  RECOMMENDATION:
 

DISTRICT ATTORNEY:

1.      Adopt the resolution approving submission of the grant application to the California Department of Insurance for up to $1,423,434 for the Automobile Insurance Fraud Program for the period July 1, 2001 through June 30, 2002 and authorizing execution of the agreements by the District Attorney, upon receipt, including extensions and amendments thereof that do not materially impact or alter either the grant program or funding level.

2.      Adopt the resolution approving submission of the grant application to the California Department of Insurance for up to $2,954,638 for the Workers’ Compensation Insurance Fraud Program for the period July 1, 2001 through June 30, 2002 and authorizing execution of the agreements by the District Attorney, upon receipt, including extensions and amendments thereof that do not materially impact or alter either the grant program or funding level.

3.      Approve a request to add one position and direct the Department of Human Resources to classify the position at the appropriate level.

  ACTION:
 

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent; adopting Resolution No. 01-276, entitled: RESOLUTION AUTHORIZING THE SAN DIEGO COUNTY DISTRICT ATTORNEY TO SUBMIT APPLICATION FOR WORKERS’ COMPENSATION INSURANCE FRAUD PROGRAM, and Resolution No. 01-277, entitled: RESOLUTION AUTHORIZING THE SAN DIEGO COUNTY DISTRICT ATTORNEY TO SUBMIT APPLICATION FOR AUTOMOBILE INSURANCE FRAUD PROGRAM.

AYES: Cox, Jacob, Slater, Roberts, Horn

   

8.

SUBJECT:

SHERIFF’S DEPARTMENT PROCUREMENT OF BODY ARMOR, WEAPONS, AMMUNITION, HOLSTERS AND BADGES (DISTRICT: ALL)

  OVERVIEW:
 

The Sheriff’s Department purchases body armor, various types of weapons, ammunition, holsters and badges for all sworn personnel on a routine basis. This equipment over the years has been tested and standardized in order to provide the best equipment to the deputies.  This request will allow the Sheriff’s Department to procure top quality equipment for the deputies. This effort to acquire the body armor, weapons, ammunition, holsters and badges supports the Crime Prevention Initiative in improving the safety of deputies and the public and the Workplace Improvement Initiative by enhancing the safety of the deputies.   

  FISCAL IMPACT:
 

Funds for this request are budgeted for FY 2001/2002 and FY 2002/2003 and are in the Sheriff’s Operational Plan for 2003/2004.  The approximate cost for the body armor for each fiscal year will be $255,000; the approximate cost for the Glocks, Remingtons, Rugers and Colts each fiscal year will be $95,000; the approximate cost for the various types of ammunition each fiscal year will be $47,000; the approximate cost for the Safariland and Bianchi holsters each fiscal year will be $24,000; and the cost for the uniform and Platiloy flat badges will be approximately $20,000.   This request will not require the addition of any staff years. 

  RECOMMENDATION:
 

SHERIFF:

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

2.      In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contracting Director to enter into negotiations with San Diego Police Equipment Supply; and subject to successful negotiations and determination of a fair and reasonable price, award a 3-year contract for the purchase of Type IIIA body armor manufactured by Protective Apparel Corporation of America (P.A.C.A).

3.      In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contracting Director to acquire a 3-year contract for the purchase of, Glock model 22 40 caliber semi-automatic pistols, Remington model 870 12 gauge shotguns, Ruger 40 caliber carbines, and Colt Law Enforcement Model M4/AR15 223 carbines/rifles.  Authorize the Sheriff to change to a different model from the same manufacturer if an improved model of weapon is developed, tested and accepted by the Sheriff’s Department.

4.      In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contracting Director to acquire a 3-year contract for the purchase of Federal Brand Cartridges for handguns, rifles and shotguns. Authorize the Sheriff to change to different model from the same manufacturer if improved ammunition is developed, tested and accepted by the Sheriff’s Department.

5.      In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contracting Director to acquire a 3-year contract for the purchase of Glock Safariland Model 295 holsters and Bianchi Model 350 Holsters; and subject to successful negotiations and determination of a fair and reasonable price, award a 3-year contract to an appropriate vendor. Authorize the Sheriff to change to a different model from the same manufacturer if an improved model of holster is developed, tested and accepted by the Sheriff’s Department.

6.      In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contracting Director to enter into negotiations with Entenmann-Rovin Company; and subject to successful negotiations and determination of a fair and reasonable price, award a 3-year contract for the purchase of Sterling Silver uniform badges and Platiloy flat badges manufactured by Entenmann-Rovin Company.

  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

   

9.

SUBJECT:

AS-NEEDED REAL PROPERTY APPRAISAL SERVICES (DISTRICT: ALL)

  OVERVIEW:
 

The Board of Supervisors authorized the Department of Purchasing and Contracting to issue a Request for Proposals on November 5, 1996 (14) to develop a list of qualified real estate appraisers.  This list expires on March 10, 2002.  Approval of this request will authorize a Request for Proposals for appraisal services necessary for staff to develop a list of qualified appraisers from which bids will be solicited for specific valuation assignments.

 

FISCAL IMPACT:
There is no direct fiscal impact associated with this request.  Funds for acquiring appraisal reports are budgeted in the programs of various County departments requiring appraisal services. If approved, this procurement proposal will result in estimated annual costs of $100,000 or more, and will require the addition of no staff years.

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

Authorize the Director of Purchasing and Contracting, in accordance with County Administrative Code Article XXIII, Section 401(a), to (i) issue a Request for Proposals, (ii) develop a list of qualified appraisers, and (iii) subject to satisfactory negotiations, award contracts to acquire real estate appraisals for the Department of General Services.

  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:

INTENTION TO ENTER INTO A LEASE OF REAL PROPERTY – COUNTY PARCEL 97-0195-A – STATE AND B STREET, DOWNTOWN SAN DIEGO (DISTRICT 1)

  OVERVIEW:
 

On August 7, 2001 (10) the Board of Supervisors authorized the acquisition of a 35,000 square foot parcel from Realty Parking Properties II L.P in the downtown block bounded by Union, State, B and C Streets. This property is currently under lease to Allright Parking for the operation of a paid, public parking lot. This lease will terminate upon the close of escrow and transfer of title of the subject property to the County, which is scheduled to occur on November 30, 2001.

This is a request for the Board to take the necessary actions required to enter into a new lease of the subject property with a selected parking operator based on a minimum bid of $22,000 per month under a five-year agreement. In accordance with Board of Supervisors Policy F-51, the General Services Department will market this property to local parking operators.  Allright Parking, the current lessee, presently pays $18,000 per month and has offered to bid a minimum of $22,000 per month to lease this property. The new lease agreement would be effective as of December 1, 2001, or upon final acquisition of the subject property by the County, should that be a later date.

  FISCAL IMPACT:
 

If the lease of the subject property is approved, the current fiscal year revenue, estimated to be a minimum of $149,380 ($154,000 less a three (3%) percent management fee) with annual net revenue estimated at a minimum of $262,055, will be deposited into the Criminal Justice Fund. There will be no staff years as a result of this action.

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.      Find, in accordance with Article 19, Section 15301 of the California Environmental Quality Act Guidelines, that the proposed lease is categorically exempt from the environmental assessment, as it involves the continuation of an existing use.

2.      Approve in principle the lease of County Parcel 97-0195-A, located at State and B streets, Downtown San Diego.

3.      Approve and adopt the attached Resolution of Intention to Lease Real Property. (4 VOTES)

4.      At the November 13, 2001 Board of Supervisors meeting, conduct the bid opening and approve the granting of a lease of County Parcel 97-0195-A to the highest bidder.

5.      Authorize the Director, Department of General Services, to execute a lease of this property.

6.      Authorize the Chief Financial Officer, Auditor and Controller, to deposit all lease revenue, less a three (3%) percent lease management fee to be credited to the Facilities Management ISF – Real Estate Services Division, into the Criminal Justice Fund (Fund 105002, Org 5495, Account 9210, Activity KA8030).

  ACTION:
 

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 01-278 entitled:  RESOLUTION OF INTENTION TO LEASE REAL PROPERTY OF THE COUNTY OF SAN DIEGO, and conducting bid opening on November 13, 2001, 9:00 a.m.

AYES: Cox, Jacob, Slater, Roberts, Horn

   

11.

SUBJECT:

ADMINISTRATIVE ITEM:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: SUPPORT FOR EMPLOYEES ORDERED TO ACTIVE MILITARY DUTY TO COMBAT TERRORISM (DISTRICT: ALL)

  OVERVIEW:
 

On September 25, 2001 (21), your Board introduced ordinance for further Board consideration on October 9, 2001.

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:

Adopt Ordinance entitled:

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE

  ACTION:
 

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent; adopting Ordinance No. 9395, entitled: AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE.

AYES: Cox, Jacob, Slater, Roberts, Horn

   

12.

SUBJECT:

ADMINISTRATIVE ITEM:

APPOINTMENTS

  OVERVIEW:
 

These appointments are in accordance with applicable Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees.

  FISCAL IMPACT:
 

N/A

  RECOMMENDATION:
 

SUPERVISOR JACOB:

Reappoint Duane J. "Joe" Gerry, Jr. and Mary Allison to the Flood Control District Advisory Commission, for terms to expire January 3, 2005.

Reappoint Steve Horrell to the Business Practices Review Committee, for a term to expire October 22, 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

   

13.

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

   

14.

SUBJECT:

CLOSED SESSION (DISTRICT: ALL)

  OVERVIEW:
 

A.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Pacific Indemnity Company v. County of San Diego; San Diego County Superior Court No. GIC 732418

B.         CONFERENCE WITH LEGAL COUNSEL – THREATENED LITIGATION

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

C.        CONFERENCE WITH LABOR NEGOTIATORS

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

D.        PUBLIC EMPLOYEE APPOINTMENT

Title:     Director, Department of Child Support Services

  ACTION:
 

Any reportable matters will be announced prior to the Wednesday, October 10, 2001 Board of Supervisors Planning and Land Use Meeting.

   

15.

SUBJECT:

DEVELOPING A STRATEGY TO MONITOR SEXUALLY VIOLENT PREDATORS (DISTRICT: ALL)

  OVERVIEW:
 

A new State law went into effect in January of 1996, mandating that sexually violent predators be released into their home counties when the state deems them “cured”.

As of September 19, 2001, 46 men have been committed to Atascadero State Hospital from San Diego County as Sexually Violent Predators. Treatment programs usually consist of a multi-phased program where promotion is based on the individual’s progress. The last phase is release into the community. Currently, several individuals originally from this County are nearing their final phase, release.

Because of the particularly violent nature of these individuals and the uncertainty of their ability to be rehabilitated, today’s item seeks to first and foremost prevent their reintroduction into the community. However, because current state law mandates they be released, at the least, San Diego County must prepare a public safety strategy prior to release that will effectively supervise and monitor these sexually violent predators. Furthermore, the County must seek legislation supporting mandatory victim notification.

Unfortunately, inaction by the County may result in the State contracting with an outside vendor to monitor sexually violent predators. This vendor may be based outside the region and therefore be unfamiliar with San Diego County. This must not be an option. Furthermore, it appears that a sexually violent predator from the County of San Diego may be released within the next 30-60 days making it even more imperative to develop and implement a local plan.

  FISCAL IMPACT:
 

There are no fiscal impacts associated with these recommendations.

  RECOMMENDATION:
 

SUPERVISOR JACOB AND SUPERVISOR COX:

1.   Direct the Chief Administrative Officer to aggressively pursue alternatives to prevent the release of Sexually Violent Predators.

2.   Direct the Chief Administrative Officer to develop an advance team consisting of the CSOM (Center for Sex Offender Management) Grant Planning Committee and representatives from other appropriate agencies to develop a comprehensive strategy for the County of San Diego to manage sexually violent predators who will be returning to the communities of San Diego as mandated under existing statutes and present this plan to the Board in 30 days.

3.  Direct the Chief Administrative Officer to pursue appropriate State legislation to include mandatory victim notification of the release of sexually violent predators, which is not a requirement under Megan’s Law.

  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:

WORKING TOGETHER FOR RESPONSIBLE REGIONAL EMERGENCY SERVICES AND FACILITIES (DISTRICT: ALL)

  OVERVIEW:
 

San Diego County’s impressive safety net of emergency services is in jeopardy.  The fine balance of supply and demand on which the emergency medical system operates is fragile, and is being tested like never before. In light of the recent attacks in Washington, D.C. and New York, it is more important than ever to make emergency medical services available when needed.  Today’s action is the first step in preserving these critical services.

  FISCAL IMPACT:
 

There is no fiscal impact as a result of this request.  If funded, there will be a one time cost for the public education campaigns of $500,000 and a one time cost of $3 million for an East County emergency facility.

  RECOMMENDATION:
 

CHAIRMAN HORN AND SUPERVISOR JACOB:

Direct the Chief Administrative Officer to refer $500,000 for the Mexico Awareness and Proper Use of Emergency Rooms Public Education Campaigns and $3 million to contribute to an East County emergency facility to the October 16th one time tobacco settlement dollars discussion.

 

ACTION:

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

AYES: Cox, Jacob, Slater, Roberts, Horn

   

17.

SUBJECT:

BRINGING THE PLEDGE OF ALLEGIANCE BACK TO THE CLASSROOM (DISTRICT: ALL)

  OVERVIEW:
 

In the wake of the worst terrorist attacks in United States history, San Diego County and the Nation are experiencing a resurgence of American patriotism. Without regard to age, creed, ethnicity, gender, or political affiliation, many San Diegans are looking for ways to show support for the United States. Brian Wheeler is one such American.

Brian Wheeler is a Santana High School senior and the student representative on the Grossmont Union High School District Board of Trustees.  This month, he will propose that the Pledge of Allegiance be formally reinstated within the Grossmont Union High School District.  While the school district allows for the Pledge of Allegiance and other patriotic observances on campuses, it does not designate a specific time period for the Pledge of Allegiance, particularly in the district’s high schools.  Brian will propose that the school district designate a moment for students to recite the Pledge of Allegiance at the beginning of each school day.

Today’s action supports a designated recitation time for the Pledge of Allegiance in school classrooms.

  FISCAL IMPACT:
 

These actions can be performed within the existing budget.

  RECOMMENDATION:
 

SUPERVISOR JACOB AND SUPERVISOR COX:

1.     Direct the Chief Administrative Officer to draft a letter for the Chair’s signature to the Grossmont Union High School District issuing support for Brian Wheeler in his quest to urge the district to designate a moment for students to recite the Pledge of Allegiance at the beginning of each school day.

2.    Adopt the attached Resolution expressing the Board’s support for a daily recitation of the Pledge of Allegiance in classrooms.

3.    Direct the Chief Administrative Officer to draft a letter for the Chair’s signature urging all school districts to reinstate the Pledge of Allegiance at the beginning of each school day, if they do not already recite it, and to send the letter to all County school districts.

 

ACTION:

ON MOTION of Supervisor Jacob seconded by Supervisor Cox, the Board of Supervisors took action as recommended; adopting Resolution No. 01-279, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS SUPPORT FOR THE DAILY PLEDGE OF ALLEGIANCE IN PUBLIC SCHOOLS.

AYES: Cox, Jacob, Slater, Roberts, Horn

   

18.

SUBJECT:

UPGRADES TO THE EMERGENCY SERVICES DATA SHARING NETWORK (DISTRICT: ALL)

  OVERVIEW:
 

We now live under more than the threat of future attacks of terrorism on our Nation.  New thinking and priorities are already in place. The County of San Diego serves as guardians of public health and safety and citizens look to public officials to fulfill that duty.  Hospital personnel now must focus on identifying symptoms associated with chemical warfare or in the event of a bio-terrorist attack. This action is just one step in preparing ourselves in the event of an attack.

Each day in San Diego County more than 600 people access our 911 emergency medical services system.  These are victims of heart attacks, stroke, car crashes and other sudden and unexpected events.  They rely on emergency medical experts of San Diego County to assess, treat and take them to a nearby hospital for treatment.  Unfortunately, too often our emergency rooms are overcrowded and ambulances must take victims to more distant facilities.  The system for monitoring hospital availability is known as the Quality Assurance network.  When it works, this mission critical system provides essential communication links between hospitals and emergency responders.  Patients get to the right hospital in time to be treated and cared for.  However, technology can become outdated in just a few years.  This is the case with the current system and getting parts when the system fails, is increasingly more difficult and life threatening.

Today’s request is to upgrade, enhance and improve the QA-Net for emergency medical services systems serving all of San Diego County.  With it, we can ensure a reliable real-time operating system to assess system readiness, assure system integrity and monitor system performance.

  FISCAL IMPACT:
 

$3 million to be designated from Tobacco Settlement funds.

  RECOMMENDATION:
 

CHAIRMAN HORN AND SUPERVISOR JACOB:

1.    Direct the Chief Administrative Officer to upgrade the emergency services data link between emergency responders, hospitals, and other essential services.

2.    Direct the Chief Administrative Officer to work with the Science and Technology industry to develop the most modern, fail safe, and up-to-date real-time data system available at a reasonable cost.  

3.    Direct the Chief Administrative Officer to refer $3 million to support the Emergency Medical Services information system (QA-Net) to include hospitals, pre-hospital providers and other emergency service agencies to the October 16th one time tobacco settlement dollars discussion.

  ACTION:
 

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

AYES: Cox, Jacob, Slater, Roberts, Horn

   

19.

SUBJECT:

PRESENTATIONS/AWARDS

  OVERVIEW:
 

Chairman Horn presented a Proclamation honoring Military Appreciation Month and Fleet Week.

Supervisor Cox presented a Proclamation honoring National Arts and Humanities Month.

Supervisor Jacob accepted a check from the Correctional Alternatives Inc., for the Work Furlough Program.

There being no further business, the Board adjourned at  10:41 a.m.; and adjourned in memory of Herb King, Dr. Donald Atlas, Jim Forsyth, Mary Marcoux, Honey B. Carter, Hazel Tow, George N. Coleman, and Frank Price.

THOMAS J. PASTUSZKA
Clerk of the Board of Supervisors
County of San Diego, State of California

Notes by:  McClendon

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