STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING
TUESDAY, OCTOBER 30, 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 Pastor Steve Bryant from Canyon Hills Church in Carmel Valley.

Pledge of Allegiance to the Flag led by Christopher Kmet from the Chula Vista North All-Star Team.

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

 October 9, 2001 and October 16, 2001

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meetings of October 9, 2001 and October 16, 2001 

AYES: Cox, Jacob, Slater, Roberts, Horn

Board of Supervisors' Agenda Items

Category

Agenda No.

Subject:

Health & Human Services

1.

METHAMPHETAMINE STRIKE FORCE REPORT CARD AND STATUS REPORT

 

2.

PROPOSITION 36: CONTRACT PROCUREMENT AND UPDATE

[FUNDING SOURCE(S): STATE PROPOSITION 36 REVENUES]

 

3.

CHILD CARE AND DEVELOPMENT PLANNING COUNCIL FUNDING

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

Public Safety

4.

DISTRICT ATTORNEY – HIGH TECHNOLOGY THEFT GRANT APPLICATION

(4 VOTES)

 

5.

SHERIFF’S DEPARTMENT PROCUREMENT OF FORWARD LOOKING INFRARED (FLIR) UNIT

[FUNDING SOURCE(S): SHERIFF’S ASSET FORFEITURE FUND BALANCE]

(4 VOTES)

Community Services

6.

RELOCATION OF ALPINE LIBRARY – AUTHORIZATION TO NEGOTIATE MEMORANDUM OF UNDERSTANDING AND PERFORM DUE DILIGENCE

[FUNDING SOURCE(S): COUNTY LIBRARY FUND BALANCE]

(4 VOTES)

 

7.

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) FUNDING RECOMMENDATIONS

[FUNDING SOURCE(S): HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM]

 

8.

VALLEY CENTER ROAD IMPROVEMENT PROJECT – ACQUISITION OF PARCEL NO. 96-0230-A&B (PENWRIGHT)

[FUNDING SOURCE(S): TRANSNET REVENUE]

 

9.

REGIONAL COMMUNICATION SYSTEM (RCS) – LEASE AGREEMENTS WITH SAN DIEGO GAS AND ELECTRIC COMPANY

Financial & General Government

10.

RESOLUTION CELEBRATING THE 85TH ANNIVERSARY OF THE BOY SCOUTS OF AMERICA

 

11.

LOCAL COMMUNITY PROJECTS

[FUNDING SOURCE(S): FY 2000-2001 FUND BALANCE]

 

12.

EMPLOYMENT AGREEMENT AMENDMENT

 

13.

ENACTMENT OF THE MILLS ACT HISTORIC PROPERTY TAX RELIEF

 

14.

SAN DIEGO UNIFIED SCHOOL DISTRICT – 1998 GENERAL OBLIGATION BOND, SERIES C

 

15.

TRANSFER OF TERRITORY BETWEEN SAN PASQUAL UNION AND RAMONA UNIFIED SCHOOL DISTRICTS

Appointments

16.

APPOINTMENTS

Closed Session

17.

CLOSED SESSION

Communications Received

18.

COMMUNICATIONS RECEIVED

Health & Human Services

19.

ORDINANCE REVISION CHILDREN AND FAMILIES COMMISSION (PROPOSITION 10)

Community Services

20.

ADMINISTRATIVE ITEM:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:

REGISTRAR OF VOTERS FEE SCHEDULE UPDATE

Land Use & Environment

21.

AUTHORIZATION TO APPLY FOR AND ACCEPT FUNDS THROUGH THE CALIFORNIA DEFENSE RETENTION GRANT PROGRAM AND THE FEDERAL ECONOMIC DEVELOPMENT ADMINISTRATION (EDA)

 

22.

SECURITY AT SAN DIEGO COUNTY AIRPORTS

Public Safety

23.

MAINTAINING BORDER PATROL STAFFING ALONG THE U.S./MEXICO BORDER

Presentations/ Awards

24.

PRESENTATIONS/AWARDS

Public Communications

25.

PUBLIC COMMUNICATIONS

 

 

1.

SUBJECT:

METHAMPHETAMINE STRIKE FORCE REPORT CARD AND STATUS REPORT (DISTRICT:  ALL)

  OVERVIEW:
 

Supervisor Jacob’s Board Letter adopted March 19, 1996 (32).

In March 1996, at Supervisor Jacob’s recommendation, the Board of Supervisors established a Methamphetamine Strike Force in response to the dramatic increase in methamphetamine use and related problems in San Diego County.  On December 3, 1996 (28), the Board approved the Methamphetamine Strike Force report, “Translating Ideas Into Action,” which identified recommendations for addressing methamphetamine problems in the region through an integrated strategy of prevention, intervention, treatment and interdiction.  The Board directed staff to return with yearly status reports on accomplishments of the Strike Force, and to develop a Report Card system to measure and track indicators of methamphetamine problems such as deaths, emergency room visits and arrests.

On March 18, 1997 (9), the Board approved the Methamphetamine Report Card system, establishing baseline indicators that demonstrate community consequences of methamphetamine use.  Through subsequent actions on December 9, 1997 (16), July 14, 1998 (32), October 19, 1999 (2) and October 31, 2000 (8), the Board received the first four Status Reports and Report Cards, and directed staff to continue the activities and efforts of the Methamphetamine Strike Force and to report back to the Board on an annual basis. 

Today’s item presents the fifth annual Methamphetamine Report Card and Status Report. This item supports the Health and Wellness Initiative and the Crime Prevention Initiative of the County’s Strategic Plan by continuing to implement a comprehensive strategy of prevention, intervention, treatment, and interdiction to address methamphetamine problems in the region. 

  FISCAL IMPACT:
 

None

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

Receive the Methamphetamine Strike Force Report Card and Status Report for January through December 2000.

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

2.

SUBJECT:

PROPOSITION 36: CONTRACT PROCUREMENT AND UPDATE (DISTRICT: ALL)

  OVERVIEW:
 

On November 7, 2000, California voters passed Proposition 36: the Substance Abuse and Crime Prevention Act of 2000.  Proposition 36 requires offenders convicted for non-violent drug possession offenses and existing County probationers and State parolees who commit offenses contained within Proposition 36 to be referred to substance abuse treatment programs instead of State prison or local custody.

Proposition 36 provides the County with an opportunity to substantially expand alcohol and other drug treatment for offenders and to implement a coordinated system of care through an enhanced partnership between the justice and treatment systems.  An annual allocation of $120 million statewide through Fiscal Year 2005-06 was included in the proposition.  In addition, $60 million was allocated for planning and infrastructure development activities for the period of January 1, 2001 through June 30, 2001.  On February 27, 2001 (1), the Board accepted San Diego’s planning allocation of $4,536,627 to support local planning efforts including service capacity expansion to support an estimated additional 5,000-6,000 eligible offenders referred to treatment on an annual basis.  On May 22, 2001 (10), the Board authorized the Director, Health and Human Services Agency to submit the required implementation plan to the California Department of Alcohol and Drug Programs.  The implementation plan was submitted on June 1, 2001. 

Today’s actions request the Board to authorize the Director, Department of Purchasing and Contracting to extend the initial Proposition 36 contract amendments that were approved on February 27, 2001 (1), and seven additional contracts that were subsequently amended for Proposition 36 services, to coincide with the existing contract period through Fiscal Year 2004-05 that was approved by the Board on October 31, 2000 (9).  In addition, approval is requested to authorize expedited contract procurement for residential alcohol and drug treatment programs, and seek additional funding for ancillary service needs for the population.  These actions will ensure that contracts will be in place to serve Proposition 36 referrals through June 30, 2005, allow for continued rapid expansion and develop revenue to support service needs.

This item supports the Health and Wellness and the Crime Prevention Initiatives in the County’s Strategic Plan which promote wellness and crime prevention among all county residents by ensuring that offender’s have an opportunity for alcohol and drug treatment in lieu of incarceration.

  FISCAL IMPACT:
 

These funds are included in the FY 2001-02 Operational Plan.  If approved, this request will result in fiscal year costs and revenues of $8,197,557.  The funding source is State Proposition 36 revenues.  There will be no change in net General Fund cost and no additional staff years.

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.      In accordance with Board Policy A-87, Competitive Procurement 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, approve and authorize the Director, Department of Purchasing and Contracting, to enter into negotiations with the providers identified on Attachment A, and upon successful negotiations and determination of a fair and reasonable price, to continue Proposition 36 funding through June 30, 2002 and up to three option years to coincide with the existing contract terms, and to amend the contracts as required for changes in services and funding allocations, subject to approval of the Director, Health and Human Services Agency, and the Chief Administrative Officer’s Determination of Economy and Efficiency.  Waive the advertising requirement in Board Policy A-87.

2.      In accordance with Board Policy A-87, Competitive Procurement 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, approve and authorize the Director, Department of Purchasing and Contracting, to enter into negotiations with all current and future State licensed and certified residential alcohol and drug treatment facilities for as long as they are licensed and certified by the State and maintain their contract in good standing, and to amend the contracts as required for changes in services and funding allocations, subject to approval of the Director, Health and Human Services Agency, and the Chief Administrative Officer’s Determination of Economy and Efficiency.  Waive the advertising requirement in Board Policy A-87.

3.      Direct the Chief Administrative Officer to continue to work with the Director, Health and Human Services Agency, the Presiding Judge of the San Diego Superior Court, the District Attorney, the Public Defender, and the Chief Probation Officer to identify and obtain grant funding necessary to meet the ancillary service needs for Proposition 36 offenders.

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

3.

SUBJECT:

CHILD CARE AND DEVELOPMENT PLANNING COUNCIL FUNDING (DISTRICT: ALL)

  OVERVIEW:
 

The Child Care and Development Planning Council is advisory to the Board of Supervisors and the County Office of Education and plans for child care and development services based on the needs of families throughout San Diego County.  In 1991, the Board established a Child Care Planning Council by resolution.  In 1997, State legislation formalized the responsibilities and composition of County Child Care and Development Planning Councils.  Currently, the Council reports directly to the Board of Supervisors.  On March 13, 2001 (9), the Board of Supervisors authorized acceptance of $115,963 in annual State funding to support the Council in FY 2000-01. 

Board action is requested today to accept FY 2001-02 State funding of  $115, 963.  The funding is included in the FY 2001-02 Adopted Operational Plan and will offset the cost of the Council’s activities. 

This item supports the Self Sufficiency Initiative in the County’s Strategic Plan which promotes and supports opportunities for all County residents to achieve self sufficiency and to take responsibility for themselves and their families.

  FISCAL IMPACT:
 

Funds for this request are included in the Health and Human Services Agency FY 2001-02 Operational Plan.  If approved, this request will result in current year cost and revenue of $115,963.  The funding source is the California Department of Education.  There will be no change to net General Fund cost and no additional staff years. 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

Ratify and authorize the Clerk of the Board to execute, upon receipt, an agreement with the California Department of Education in the amount of $115,963 for the Child Care and Development Planning Council for the period of July 1, 2001 through June 30, 2002.  (State Contract # FLPC-1036)

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

4.

SUBJECT:

DISTRICT ATTORNEY – HIGH TECHNOLOGY THEFT GRANT APPLICATION (OFFICE OF CRIMINAL JUSTICE PLANNING)

  OVERVIEW:
 

On August 8, 2000, your Board approved submission of the Fiscal Year 2000-2001 First Year High Technology Theft and Prosecution Program grant application.  This is a request to approve the submission of the Second Year High Technology Theft and Prosecution Program grant application to the Office of Criminal Justice Planning (OCJP) in the amount of $1,973,600.  The grant will support the Computer and Technology Crime High Tech Response Team (CATCH) in the District Attorney's Office for the period June 15, 2001 through June 30, 2002.  District Attorney Proposition 172 prior year unexpended funds will be used to meet the legislative requirement for a 25% match.  The grant will also partially support the County of San Diego Sheriff’s Department’s participation in the CATCH program.  This program supports the Crime Prevention and Fiscal Stability Initiatives of the County's Strategic Plan.

  FISCAL IMPACT:

Funds for this request are partially included in the Fiscal Year 2001-2002 Adopted Operational Plan.  The Office of the District Attorney's Operational Plan for FY 2001-02 includes direct costs of  $1 million for this program; the increase of $1,364,351 is not currently budgeted.  The Sheriff’s Department’s Operational Plan for FY 2001-02 does not include direct costs for this program; the increase of $102,649 is not currently budgeted.  If approved, this request will result in direct cost and revenue of $2,467,000, which includes $1,973,600 of grant revenue from the Office of Criminal Justice Planning and $493,400 in prior year excess Proposition 172 revenue, and will require the addition of five (5) staff years.

  RECOMMENDATION:
 

DISTRICT ATTORNEY

1.    Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department responsibility for cost recovery, which requires full cost recovery for grants.

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

3.   Adopt the resolution approving the submission and acceptance of the High Technology Theft Apprehension and Prosecution Program grant application in the amount of $1,973,600 to the Office of Criminal Justice Planning for the period June 15, 2001 through June 30, 2002, including extensions and amendments thereof that do not materially impact or alter either the grant program or funding level.

4.   Establish appropriations of $293,400 in the Proposition 172 Special Revenue Fund based on prior year Proposition 172 revenue. (4 VOTES)

5.   Establish appropriations of $1,364,351 in the District Attorney’s Office budget for salaries and benefits ($398,218), services and supplies ($272,818), contribution to other agencies ($345,084), and fixed assets ($348,231) based on grant revenue from the Office of Criminal Justice Planning and an operating transfer from the Proposition 172 Special Revenue Fund. (4 VOTES)

6.   Establish appropriations of $102,649 in the Sheriff’s Department for salaries and benefits (including overtime costs) for the High Technology Theft Apprehension and Prosecution Program based on grant revenue from the Office of Criminal Justice Planning. (4 VOTES)

7.   Approve expenditure contracts in the amount of $345,084 [San Diego Police Department ($116,925) and Riverside County Sheriff’s Department ($228,159)] to allow the District Attorney to transfer funds received from OCJP for law enforcement services performed under this grant pursuant to the operating agreement, subject to County Counsel approval, and approve the Clerk of the Board to ratify the expenditure contracts upon receipt.

8.   Approve a request to add a total of five (5) positions: Three (3) investigative positions, one of which will be allocated to the Sheriff’s Department, one (1) information technology position, and one (1) legal support position, subject to the Department of Human Resources classification review process.

  ACTION:
 

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

AYES: Cox, Jacob, Slater, Roberts, Horn

   

5.

SUBJECT:

SHERIFF’S DEPARTMENT PROCUREMENT OF FORWARD LOOKING INFRARED (FLIR) UNIT (DISTRICT: ALL)

  OVERVIEW:
 

On May 2, 2000 (19), the Board of Supervisors approved the Sheriff’s Department purchase of a Model 500E helicopter from MD Helicopters, Inc. The helicopter was received in April 2001. As a part of the avionics package, the new MD500E was wired to accept a Forward Looking Infrared (FLIR) U7000 unit. A FLIR is a piece of thermal-imaging equipment used to find hidden suspects, locate lost persons, and detect indoor marijuana “grows.” It is also an excellent tactical tool that enhances officer safety. Approval is requested to purchase the unit from FLIR Systems, Inc., as it is the only company that manufactures and sells the unit that is compatible with existing units and helicopters.  This proposal corresponds with the County’s Crime Prevention Initiative to provide for the safety and well-being of those San Diego communities, families, individuals, and organizations we serve.

  FISCAL IMPACT:
 

Funds for this request are not budgeted.  The funding source is Sheriff’s Asset Forfeiture fund balance.  If approved, this request will result in estimated current year costs of $214,000 and 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 FLIR Systems, Inc.  Subject to successful negotiations and determination of a fair and reasonable price, award a contract for the purchase of a Forward Looking Infrared (FLIR) unit.

3.      Establish appropriations of $214,000 in the Sheriff’s Asset Forfeiture Fund to purchase a FLIR unit for the Sheriff’s Department Aerial Support to Regional Enforcement Agencies (ASTREA) Detail, based on Sheriff’s Asset Forfeiture fund balance available. (4 VOTES)

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

6.

SUBJECT:

RELOCATION OF ALPINE LIBRARY - AUTHORIZATION TO NEGOTIATE MEMORANDUM OF UNDERSTANDING AND PERFORM DUE DILIGENCE (DISTRICT: 2)

  OVERVIEW:
 

On July 31, 2001 (28), at the recommendation of Supervisor Dianne Jacob, the Board directed the Chief Administrative Officer to work with the Alpine Library Friends Association (ALFA) to evaluate the opportunities and constraints associated with constructing a new library on various proposed sites in Alpine, and to report back to the Board with recommendations for a site in 90 days. 

As a result of that direction, site investigations were performed and two alternative preferred sites identified.  The first choice is a site owned by the Alpine Community Center.  However, in order to identify opportunities and constraints associated with this site, more studies are needed.  Today's request is to authorize staff to negotiate a Memorandum of Understanding with the Alpine Community Center, and adjacent property owners as required, perform due diligence studies and return to the Board for approval of option to purchase and/or lease agreements should negotiations be successful.

  FISCAL IMPACT:
 

This request is not budgeted in the Fiscal Year 2001/2002 Operational Plan.  The funding source is the County Library Fund Balance.  If approved, this request will result in $55,000 current year cost and will result in no additional staff years.  These funds will be utilized for soil reports, environmental assessments, and design and staff costs required to determine the viability of the preferred site.  The project is included in the CIP as a below the line (unfunded) project.  Land acquisition and development funding sources have not been identified.

  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.    Establish appropriations in the amount of $55,000 in the County Library Fund, Org. 4982, Account 6310, Task 310, Activity 727016 (Operating Transfer Out), based on Fiscal Year 2000/2001 available Fund Balance to provide funding for the Alpine Branch Library.  (4 VOTES)

3.    Establish appropriations in the amount of $55,000 in the Library Capital Outlay Fund for Capital Project KL2983, Alpine Branch Library, based on an Operating Transfer from the County Library Fund.  (4 VOTES)

4.    Authorize the Director of General Services to conduct appraisals and site due diligence studies at the Alpine Community Center to determine site feasibility.

5.    Authorize the Director of General Services to enter into negotiations with the owners of the preferred site, and adjacent parcels if appropriate, for a Memorandum of Understanding between the parties that could lead to purchase or lease agreements for the preferred site and adjacent parcels.

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

7.

SUBJECT:

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) FUNDING RECOMMENDATIONS (DISTRICT: ALL)

  OVERVIEW:
 

These actions will authorize an expenditure of up to a total of $131,294 in Housing Opportunities for Persons with AIDS (HOPWA) Program funds for: 1) minor rehabilitation of St. Vincent de Paul’s Josue Homes and La Posada Apartments sponsored by South Bay Community Services; 2) moving equipment for Being Alive San Diego’s Helping Hands Program; and 3) increased funding for the major rehabilitation of Casa del Sol sponsored by PACTO Latino AIDS Organization.  All proposed activities were in response to the Program Year 2000 Summer 01 Notice of Funding Availability (NOFA).  If approved, these actions will enhance the quality of housing and services for the region’s low-income individuals living with HIV/AIDS and their families.

  FISCAL IMPACT:
 

Funds for this request are budgeted.  The funding source is the Housing Opportunities for Persons with AIDS (HOPWA) Program.  If approved, this request will result in $131,294 current year costs, no annual costs, and will require the addition of no staff years.

Business Impact Statement

This funding request could benefit the construction industry by providing jobs in San Diego.

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.      Authorize the publication of any required “Notices to the Public of Request for the Release of Funds” for the recommended projects and authorize the Chairman of the Board of Supervisors to execute such requests and certifications following environmental processing.

2.      Approve and allocate up to $20,938 of Housing Opportunities for Persons with AIDS funding to Being Alive San Diego Helping Hands Program to purchase moving supplies and pilot a consumer outreach program.

3.      Approve and allocate up to $3,500 of Housing Opportunities for Persons with AIDS funding to South Bay Community Services for minor rehabilitation of selected units at the La Posada Apartments.

4.      Approve and allocate up to $21,856 of Housing Opportunities for Persons with AIDS funding to St. Vincent de Paul Village, Inc. for minor rehabilitation of Josue I, II, and III community residences.

5.      Approve and allocate up to an additional $85,000 for a total project cost of up to $160,000 of Housing Opportunities for Persons with AIDS funding to PACTO Latino AIDS Organization for major rehabilitation of Casa del Sol.

6.      Authorize the Director of Housing and Community Development in consultation with County Counsel to negotiate, execute, and amend all contracts as necessary to implement the above actions.

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

8.

SUBJECT:

VALLEY CENTER ROAD IMPROVEMENT PROJECT – ACQUISITION OF PARCEL NO. 96-0230-A&B (PENWRIGHT) (DISTRICT:5)

 

OVERVIEW:
On July 31, 2001(22), the Board of Supervisors approved the Department of Public Works' 2001-2002 Detailed Work Program. The Valley Center Road Improvement Project was a part of that approved Program. The south portion of the project will improve a three-mile area of Valley Center Road from Lake Wohlford Road to Woods Valley Road. The project proposes to improve safety by reducing curves thus making travel safer between Escondido and Valley Center.

The Board is requested to approve the Real Property Contract for the purchase of Parcel No. 96-0230-A&B for easement purposes for the appraised value of $67,800.

  FISCAL IMPACT:  
 

Funds for this proposal are budgeted.  The funding source is TransNet revenue.  If approved, this proposal will result in a cost of $67,800 in Fiscal Year 2001/2002, no additional cost in subsequent years, and the addition of no staff years.

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.      Approve the Real Property Contract for the purchase of Parcel No. 96-0230-A&B (Penwright) for the appraised value of $67,800.

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

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

9.

SUBJECT:

REGIONAL COMMUNICATION SYSTEM (RCS) – LEASE AGREEMENTS WITH SAN DIEGO GAS AND ELECTRIC COMPANY (DISTRICTS: 2, 3 AND 5)

  OVERVIEW:
 

The Regional Communications System serves public safety agencies and the day-to-day operations of public services agencies.  This system has been in operation since May of 1997 encompassing San Diego County and Imperial County.  San Diego Gas and Electric Company has requested that it be allowed to utilize five of these existing sites to place equipment and antennas within the areas of the existing buildings and on the existing towers.  This request is for the approval of two lease agreements, one between the County and San Diego Gas and Electric Company for four of the sites, and one between the County of San Diego and City of San Diego and San Diego Gas and Electric Company for one of the sites.

  FISCAL IMPACT:
 

If approved, this request will result in no current year or annual costs and will not require the addition of staff years.  The agreements for all of the sites, except Cowles Mountain, provide for San Diego Gas and Electric Company to purchase $1,092,000 of Communications Equipment for the Regional Communications System in lieu of rent.  This amount of equipment, which has been priced at County discounted pricing, represents a payment equal to fair market rent with annual increase for cost of living for these facilities.  The agreement for Cowles Mountain requires that San Diego Gas and Electric Company pay the City of San Diego an annual rental of $50,700 with an increase thereto each year after the first year at the rate of 5% for a cost of living adjustment.

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

1.      Find in accordance with Section 15303 of the State CEQA Guidelines, that this project is categorically exempt from the provisions of the Guidelines, because this project constitutes the installation of small new equipment in existing small structures at existing facilities.

2.      Approve and authorize the Clerk of the Board of Supervisors to execute three sets of each of the lease agreements for the following five sites:  Chihuahua Valley Site No. 304, Cowles Mountain Site No. 102, Lake San Marcos Mountain Site No. 202, Rams Hill Site No. 329 and Tierra Del Sol (White Star) Site No. 315, which will result in the procurement of $1,092,000 in electronics equipment in lieu of rents and leases.

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

10.

SUBJECT:

RESOLUTION CELEBRATING THE 85TH ANNIVERSARY OF THE BOY SCOUTS OF AMERICA (DISTRICT: ALL)

  OVERVIEW:
 

The Boy Scouts of America (BSA) has a long, distinguished record of character building for boys and young adults, training them in the responsibilities of citizenship, encouraging and strengthening leadership skills and service to their fellow man.

This Board letter recognizes and congratulates the BSA and its 4.5 million youth members and volunteers for eighty-five (85) years of service to our youth and in turn to our communities and our nation.

  FISCAL IMPACT:
 

N/A

  RECOMMENDATION:
 

CHAIRMAN HORN:

1.     Adopt the Resolution celebrating the 85th Anniversary of the Boy Scouts in America.

2.     Direct the CAO to prepare a cover letter to be signed by the Chairman to forward the Resolution to the BSA President Milton H. Ward and BSA Chief Scout Executive, Roy L. Williams.

3.     Direct the CAO to prepare a cover letter to be signed by the Chairman to forward the Resolution to President Bush and the San Diego County Congressional and State Delegations

  ACTION:
 

ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, adopting Resolution No. 01-300,  entitled:  RESOLUTION CELEBRATING THE 85TH ANNIVERSARY OF THE BOY SCOUTS OF AMERICA; directed Chief Administrative Officer to send a letter to the Mayor of San Diego and the City Council members urging them to renew the lease agreement with the Boy Scouts.

AYES: Cox, Jacob, Slater, Roberts, Horn

   

11.

SUBJECT:

LOCAL COMMUNITY PROJECTS (DISTRICT: ALL)

  OVERVIEW:
 

The County of San Diego’s improved fiscal condition has enabled the reinvestment of taxpayer money into our communities for the benefit of the public.  This action today will assist several organizations in meeting the needs of the community.

  FISCAL IMPACT:
 

The fiscal impact of the proposed recommendations is $195,000.  The funding source is FY 2000-2001 fund balance.  This action will result in the addition of no staff years and no future costs.

  RECOMMENDATION:
 

SUPERVISOR COX:

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

a.     Allocate $5,000 from the Community Projects budget (0261) to the Downtown San Diego Partnership for the C Street Collaborative Planning and Improvement Process Proposal.

b.     Allocate $13,000 from the Community Projects budget (0261) to the Chula Vista Downtown Business Association for street banners, lighting and brackets.

c.     Allocate $10,000 from the Community Projects budget (0261) to the Chula Vista Heritage Museum for the historical bell recovery project.

d.     Allocate $25,000 from the Community Projects budget (0261) to the Elementary Institute of Science for laboratory supplies.

e.     Allocate $30,000 from the Community Projects budget (0261) to the William J. Oakes Boys & Girls Club to resurface the swimming pool.

f.      Allocate $67,000 from the Community Projects budget (0261) to the San Diego Urban League for student computers and servers.

g.     Allocate $45,000 from the Community Projects budget (0261) to the Sherman Heights Community Center for modernization of the Center’s kitchen.

  ACTION:
 

Amending recommendation to authorize the Clerk of the Board of Supervisors to execute agreements; ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

12.

SUBJECT:

EMPLOYMENT AGREEMENT AMENDMENT (DISTRICT: ALL)

  OVERVIEW:
 

This action approves the Second Amendment to the Employment Agreement between the Board of Supervisors and Walt Ekard, as the Chief Administrative Officer, effective October 30, 2001.

  FISCAL IMPACT:
  RECOMMENDATION:
 

SUPERVISOR COX AND SUPERVISOR JACOB:

Approve the Second Amendment to the Employment Agreement between the Board of Supervisors and Walt Ekard, as the Chief Administrative Officer, effective October 30, 2001.

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

13.

SUBJECT:

ENACTMENT OF THE MILLS ACT HISTORIC PROPERTY TAX RELIEF (DISTRICT: ALL)

  OVERVIEW:
 

Approval of this item would extend the benefits of the Mills Act historic property contract tax relief program to property owners in San Diego County’s unincorporated communities.

  FISCAL IMPACT:
 

These actions can be performed within the existing budget.

  RECOMMENDATION:
 

SUPERVISOR JACOB:

1.     Direct the Chief Administrative Officer to work with County Counsel and return to the Board in 45 days with an ordinance allowing the County’s unincorporated property owners with qualifying historical homes and structures to obtain property tax relief under the Mills Act.

2.    Direct the Chief Administrative Officer to draft a letter for the Chairman’s signature urging the thirteen cities located in the County that have not yet adopted a Mills Act ordinance to do so.

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

14.

SUBJECT:

SAN DIEGO UNIFIED SCHOOL DISTRICT – 1998 GENERAL OBLIGATION BOND, SERIES C (DISTRICT: ALL)

  OVERVIEW:
 

On November 3, 1998, voters within the San Diego Unified School District approved the issuance of up to $1.5 billion in general obligation bonds for the purpose of repairing and modernizing deteriorating campus infrastructures, as well as, enabling class size reductions.  The San Diego Unified School District Board of Education therefore requests approval for the County to sell bonds on their behalf in an amount not to exceed $175 million.  This will be the third in a series of bond sales, guided by a Citizen’s Oversight Committee, District officials, County officers, and professional staff retained by the District.

  FISCAL IMPACT:
 

These bonds are general obligations of the District to be paid from ad valorem property taxes, and do not constitute an obligation of the County.

  RECOMMENDATION:
 

TREASURER-TAX COLLECTOR & CHIEF FINANCIAL OFFICER

Adopt the Resolution Authorizing the Issuance and Sale of General Obligation Bonds for the San Diego Unified School District.

  ACTION:
 

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 01-301,  entitled:  RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $200,000,000 OF BONDS OF THE SAN DIEGO UNIFIED SCHOOL DISTRICT BY A NEGOTIATED SALE PURSUANT TO A BOND PURCHASE CONTRACT, PRESCRIBING THE TERMS OF SALE OF SAID BONDS, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF SAID BOND PURCHASE CONTRACT, AND AUTHORIZING THE EXECUTION OF NECESSARY CERTIFICATES RELATING TO SAID BONDS.

AYES: Cox, Jacob, Slater, Roberts, Horn

   

15.

SUBJECT:

TRANSFER OF TERRITORY BETWEEN SAN PASQUAL UNION AND RAMONA UNIFIED SCHOOL DISTRICTS (DISTRICT 2)

  OVERVIEW:
 

California Education Code Section 35765 requires your Board to order the transfer of territory between local school districts, after receiving proper evidence that an action to reorganize schools districts has been approved by law.  Petitions for transfer of territory between the San Pasqual Union and Ramona Unified School Districts have been approved by their respective Boards, as well as the San Diego County Board of Education, following public hearings and consideration of the proposed transfer.

  FISCAL IMPACT:
 

The proposed reorganization will have no effect on the fiscal management or status of the County of San Diego.  Neither the Districts nor the State provide reimbursement to the County for this action.

Business Impact Statement

These parcels comprise 42 homes in the Rangeland Highland Estates community. The Ramona School District currently provides educational services to the students in the development and agrees to continue them.

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER

Adopt the resolution ordering Transfer of Territory from the San Pasqual Union School District to Ramona Unified School District.

  ACTION:
 

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 01-302,  entitled: TRANSFER OF TERRITORY FROM SAN PASQUAL UNION SCHOOL DISTRICT TO RAMONA UNIFIED SCHOOL DISTRICT.

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

16.

SUBJECT:

ADMINISTRATIVE ITEM:

APPOINTMENTS

  OVERVIEW:
 

These appointments are in accordance with applicable Board Policies A-74, Citizen Participation in County Boards, Commissions and Committees; I-1, Planning and Sponsor Group Policies and Procedures.

  FISCAL IMPACT:
 

N/A

 

RECOMMENDATION:
SUPERVISOR COX:

Reappoint Ruth Vilmarie Rodriguez to the Air Pollution Control District Hearing Board, for a term to expire October 13, 2004.RECOMMENDATION(S):

SUPERVISOR JACOB:
Reappoint Jeffrey A. Agnew, for a term to expire October 21, 2005 and Daniel W. Vengler, for a term to expire December 2, 2005 to the Ramona Cemetery District Board of Trustees.

  ACTION:  
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

17.

SUBJECT:

CLOSED SESSION

 

OVERVIEW:

A.        CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Anticipated litigation pursuant to section (c) of Government Code section 54956.9
No. of Potential Cases:             1         

B.        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, October 31, 2001 Board of Supervisors Planning and Land Use meeting.

   

18.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

19.

SUBJECT:

ORDINANCE REVISION CHILDREN AND FAMILIES COMMISSION (PROPOSITION 10) (DISTRICT: ALL)

  OVERVIEW:
 

On December 8, 1998 (71), the Board adopted an ordinance establishing a five-member San Diego County Children and Families First Commission to ensure San Diego County’s eligibility to receive funding from Proposition 10 tobacco tax revenues. The ordinance defined the membership of the Commission and established a one-year term for the two at-large members of the Commission appointed by the Board of Supervisors on a rotating basis. Currently, the two at-large appointees are nominated annually by two Board members on a rotating basis.

The recommended action is to increase the length of term to be served by the at-large members from one year to two years.  The new two-year terms will begin with the at-large member to be appointed by the Board on December 11, 2001, that will become effective in January 2002.  This at-large member will be nominated by the outgoing Chairman of the Board.  The term of the second at-large member, nominated by District Two and approved by the Board on December 12, 2000 (1), will be extended through 2001 – 2002.

  FISCAL IMPACT:
 

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

  RECOMMENDATION:
 

CHAIRMAN BILL HORN AND VICE CHAIRMAN RON ROBERTS

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

AN Ordinance amending the County of San Diego Administrative Code relating to the San Diego County Children and Families Commission

Submit the Ordinance for further Board consideration and adoption (second reading) on November 6, 2001.

  ACTION:
 

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, introducing Ordinance for further consideration on November 6, 2001.

AYES:  Jacob, Slater, Roberts, Horn

NOES:  Cox

   

20.

SUBJECT:

ADMINISTRATIVE ITEM:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCE

REGISTRAR OF VOTERS FEE SCHEDULE UPDATE (DISTRICT: ALL)

  OVERVIEW:
 

On October 23, 2001 (9), your Board introduced Ordinance for further Board consideration and adoption on October 30, 2001.

  FISCAL IMPACT:
 

 If approved, this request will result in an estimated $30,000 increase in revenue, which will cover the costs to include candidate statements for State Legislative offices in the sample ballot pamphlet under the provisions of new State law. 

  RECOMMENDATION:
 

CHIEF ADMINISTRATIVE OFFICER:

Adopt Ordinance entitled:


AN ORDINANCE AMENDING SECTION 439.2 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE REGISTRAR OF VOTERS FEES FOR RECORDS AND SERVICES

  ACTION:
 

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Ordinance No. 9401 (N.S.), entitled: AN ORDINANCE AMENDING SECTION 439.2 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE REGISTRAR OF VOTERS FEES FOR RECORDS AND SERVICES.

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

21.

SUBJECT:

AUTHORIZATION TO APPLY FOR AND ACCEPT FUNDS THROUGH THE CALIFORNIA DEFENSE RETENTION GRANT PROGRAM AND THE FEDERAL ECONOMIC DEVELOPMENT ADMINISTRATION (EDA).  (DISTRICTS: ALL)

  OVERVIEW:
 

The County Office of Trade & Business Development seeks to apply for funding through the California Defense Retention Grant (DRG) Program.  Through this program, the Governor will provide State General funds for retaining current military facilities or defense activities at sites throughout California.  Fiscal Year 2001-2002 State budget allocates four hundred thousand dollars for cities, counties, joint powers' authorities, or special districts of cities and counties actively working to sustain the economic impacts of current military bases in their jurisdictions. Together with local funds, grant monies are used to fund defense and base retention activities. The DRG Program is intended to provide limited funding assistance to local agencies experiencing challenges retaining current military facilities and defense activities in their respective areas. During FY 2000-2001, approximately $348,000 in grants were awarded to seven applicants.

This request is to approve two resolutions authorizing the County Office of Trade and Business Development to apply for and accept State and Federal funds to conduct a study to review the economic impact of base closures in the region.  Additionally, the County Office of Trade and Business Development would seek other financial partners who may donate in-kind or monies to assist with the match required by the State.  This includes the Federal Economic Development Administration who has expressed an interest in funding such a project. 

  FISCAL IMPACT:
 

This action will result in authorization to apply for a competitive grant which provides a minimum of $10,000 and a maximum of $50,000, as required by statute, and under no circumstances will exceed 50 percent of the funds required to complete the project. If grant funds are awarded, the Office of Trade & Business Development will seek other financial partners to assist with this effort.  This includes, but is not limited to, the San Diego Regional Chamber of Commerce and the San Diego Defense and Space Technology Consortium who will be requested to contribute in-kind matches or monetary funding as a portion of their involvement with the grant, in addition to providing work on the study for monetary compensation in accordance with grant funding. Additionally grant funds, if awarded from the Federal Economic Development Administration, will be used to supplement other sources of funding to complete the project.  If the County Office of Trade and Business Development is unsuccessful in obtaining the required match from outside sources the Chief Administrative Officer will evaluate other funding options.

  RECOMMENDATION:
 

CHAIRMAN BILL HORN

Direct the Chief Administrative Officer to:

1.   Adopt a Resolution entitled Approving the Application for and Acceptance of Grant Funds from the California Defense Retention Grant Program.

2.   Adopt a Resolution entitled Approving the Application for and Acceptance of Grant Funds from the Federal Economic Development Administration.

3.    Appoint the Program Manager for the Office of Trade & Business Development, as agent of the County of San Diego, to conduct all negotiations, execute and submit all documents that may be necessary for the completion of the aforementioned grant proposal.

  ACTION:
 

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent; adopting following Resolutions:

Resolution No. 01-303, entitled:  RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING CONTRACT NO. _____ WITH THE CALIFORNIA TECHNOLOGY, TRADE AND COMMERCE AGENCY IN SUPPORT OF THE CALIFORNIA RETENTION GRANT PROGRAM;  and

Resolution No. 01-304,  entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING CONTRACT NO. _____ WITH THE FEDERAL ECONOMIC DEVELOPMENT ADMINISTRATION (EDA).

AYES: Cox, Jacob, Slater, Roberts, Horn

   

22.

SUBJECT:

SECURITY AT SAN DIEGO COUNTY AIRPORTS  (DISTRICT: ALL)

  OVERVIEW:
 

Following the September 11th terrorist attacks, the Federal Aviation Administration (FAA) ordered airports throughout the nation to implement new security measures to prevent the use of airplanes for future attacks and enhance the security of passengers.  County Airports staff immediately implemented the new FAA security requirements, costing the County approximately $75,000 to date.  Approval of this item would urge Congress to provide funding to cover past and future costs of increased security measures at County Airports and ask the Governor to allow National Guard personnel stationed at County Airports to perform security tasks identified by County Airports staff.

  FISCAL IMPACT:
 

These actions can be performed within the existing budget.

  RECOMMENDATION:
 

SUPERVISOR JACOB AND CHAIRMAN HORN:

1.     Direct the Chief Administrative Officer to draft a letter for the Chairman’s signature asking the San Diego Congressional delegation to support federal funding to cover past and future costs of enhanced airport security measures in place since September 11, 2001.

2.    Direct the Chief Administrative Officer to draft a letter for the Chairman’s signature urging the Governor to allow National Guard personnel assigned to County Airports to perform security measures identified by County Airports staff.

  ACTION:
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

   

23.

SUBJECT:

MAINTAINING BORDER PATROL STAFFING ALONG THE U.S./MEXICO BORDER (DISTRICTS:  ALL)

  OVERVIEW:
 

On October 16, 2001 (24) the Board of Supervisors approved Supervisors Jacob and Cox’s recommendations to call upon the federal government to secure our borders.  The support of this Board for federal government action in assigning the necessary resources to ensure adequate security along the U.S./Mexico border as well as enforcing the laws of the United States with regard to immigration and border crossing has been well documented.

On February 13, 2001 (6) the Board of Supervisors approved Supervisors Cox and Jacob’s recommendations to communicate our Board’s request for federal reimbursement for the costs to San Diego County identified in the report Border Impact Study: The Costs for Law Enforcement, Criminal Justice and Emergency Medical Services.  San Diego County feels a tremendous fiscal impact of over $50 million from illegal immigration due to costs associated with providing public services, such as emergency medical care and law enforcement, to undocumented immigrants.

This action would authorize the Chief Administrative Officer to draft a letter for the Chairman’s signature to the President, the Attorney General, the INS Commissioner and our local Congressional delegation urging the Federal government to maintain the number of Border Patrol agents that currently serve along the Mexico border and immediately hire more agents to adequately patrol the Canadian and Mexican borders.

  FISCAL IMPACT:
 

There is no fiscal impact associated with this