1.

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

2.

FIRST AMENDMENT TO LEASE AGREEMENT FOR THE ALTERNATE PUBLIC DEFENDER, 8525 GIBBS DRIVE, SAN DIEGO

[FUNDING SOURCE(S): PUBLIC SAFETY GROUP’S GENERAL FUND FUND BALANCE]

(4 VOTES)

3.

SECOND AMENDMENT TO LEASE AGREEMENT – JOHN MERKEL – BMX BICYCLE RACETRACK - CACTUS PARK, LAKESIDE

4.

ACCEPTANCE OF GIFTS FOR THE SAN DIEGO COUNTY LIBRARY

5.

NOTICED PUBLIC HEARING:

ESCONDIDO CREEK WATERSHED – ACQUISITION OF PARCEL NOS. 2000-0298-A (GEORGESON) AND 2001-0173-A (HEWITT) 

[FUNDING SOURCE(S): CALTRANS TRANSPORTATION ENHANCEMENT ACTIVITIES  (TEA) GRANT AND COUNTY GENERAL]

6.

NOTICED PUBLIC HEARING:

HAUGH TENTATIVE PARCEL MAP - TPM 20610; FALLBROOK COMMUNITY PLANNING AREA

7.

NOTICED PUBLIC HEARING:

RAMONA SERENA RANCH – ACQUISITION OF PARCEL NO 2001-0037-A (RAMONA SERENA LLC)

[FUNDING SOURCE(S): COUNTY GENERAL AND THE STATE WILDLIFE CONSERVATION BOARD GRANT FUNDS]

(4 VOTES)

8.

TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

9.

APPLICATION FOR AND ACCEPTANCE OF STATE USED OIL RECYCLING BLOCK GRANT – CYCLE VII: 2001 – 2002

[FUNDING SOURCE(S): STATE USED OIL RECYCLING BLOCK GRANT – CYCLE VII]

(4 VOTES)

10.

ENRICO FERMI DRIVE IMPROVEMENTS IN EAST OTAY MESA:  AGREEMENT BETWEEN COUNTY AND EAST OTAY MESA ASSOCIATES AND ADVERTISE AND AWARD A CONTRACT FOR ROAD IMPROVEMENTS

[FUNDING SOURCE(S): GAS TAX AND AN ECONOMIC DEVELOPMENT ADMINISTRATION GRANT]

11.

ALLOCATION OF COMMUNITY PROJECTS FUNDS

12.

RETIREMENT BOARD ELECTION - SEVENTH (SAFETY)

13.

CHAPTER VIII AGREEMENT TO PURCHASE TAX DEFAULTED LAND #6962 STATE OF CALIFORNIA, DEPT OF PARKS & RECREATION

14.

SCHOOL-BASED FAMILY SELF-SUFFICIENCY SERVICES

[FUNDING SOURCE(S): COMMUNITY SERVICES BLOCK GRANT AND THE SAN DIEGO UNIFIED SCHOOL DISTRICT]

15.

CONTRACT FOR MEDIWARE SOFTWARE FOR HEALTH AND HUMAN SERVICES AGENCY PHARMACY

[FUNDING SOURCE(S): PRIOR YEAR HHSA ONE-TIME FUND BALANCE AND MENTAL HEALTH REALIGNMENT]

16.

FY 2001-02 CITIZEN’S OPTION FOR PUBLIC SAFETY (COPS) PROGRAM 

17.

ADMINISTRATIVE ITEM:

APPROVAL OF A FINAL MAP AND SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS FOR COUNTY OF SAN DIEGO TRACT NO 5039-2, LOCATED IN VALLEY CENTER COMMUNITY PLANNING AREA

18.

ADMINISTRATIVE ITEM:

APPROVAL OF A FINAL MAP AND SECURED AGREEMENT FOR PUBLIC IMPROVEMENTS FOR COUNTY OF SAN DIEGO TRACT NO. 5138-1, LOCATED IN PEPPER DRIVE BOSTONIA COMMUNITY PLANNING GROUP AREA

19.

COMMUNICATIONS RECEIVED

20.

CLOSED SESSION

21.

HELPING THE SALVATION ARMY REACH OUT TO LOCAL SENIORS FOR THANKSGIVING

[FUNDING SOURCE(S): COMMUNITY PROJECTS BUDGET 0262]

22.

PROPOSED CHARTER AMENDMENT TO MAKE TREASURER/TAX COLLECTOR AN APPOINTIVE OFFICE

23.

AMENDMENTS TO THE COMPENSATION ORDINANCE

24.

LOCAL COMMUNITY PROJECT FUND

25.

HELPING THOSE STATIONED IN CALIFORNIA TO STUDY IN CALIFORNIA

26.

SUPPORT FOR THE IMMEDIATE OPENING OF THE SKILLED NURSING FACILITY AT THE VETERANS HOME OF CALIFORNIA, CHULA VISTA

27.

28.

29.

ADMINISTRATIVE ITEM:

APPOINTMENTS

30.

PRESENTATIONS/AWARDS

31.

PUBLIC COMMUNICATION

1.

SUBJECT:

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

On October 9, 2001 (10), your Board adopted Resolution No. 01-278, resolution of intention to lease real property of the County of San Diego; conducting bid opening on November 13, 2001, 9:00 a.m.

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.

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.

The successful high bidder will continue the operation of a paid, public parking lot on the subject property employing approximately five (5) part and full-time employees.

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

2.     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).

ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors conducted the bid opening, accepting the bid from Five Star Parking in the amount of $34,000.00.

AYES:  Cox, Jacob, Slater, Roberts, Horn

2.

SUBJECT:

FIRST AMENDMENT TO LEASE AGREEMENT FOR THE ALTERNATE PUBLIC DEFENDER, 8525 GIBBS DRIVE, SAN DIEGO (DISTRICT: 4)

The Alternate Public Defender currently leases 8,593 square feet of office space  under two leases at 8525 Gibbs Drive, San Diego, for its Dependency and Delinquency offices.  Today's request is for approval of a First Amendment to one of the two leases which will provide 1,820 additional square feet of space for the addition of two attorneys, clerical support, volunteer program coordinator, and on-site housing of delinquency case files.  Approval of this recommendation will allow the Alternate Public Defender Dependency and Delinquency offices to continue providing quality service with a minimal increase in space and lease cost.

Funds for this request are not budgeted.  The funding source is the Public Safety Group’s General Fund Fund Balance.  If approved, this request will result in a current year cost of $23,375, an annual cost of $40,995, and will require no additional staff years.

CHIEF ADMINISTRATIVE OFFICER

1.     Find, in accordance with Article 19, Section 15301 of the California Environmental Quality Act Guidelines, that this project is categorically exempt from the provisions of the guidelines, as such leasing involves a negligible expansion of use beyond that previously existing.

2.     Approve and authorize the Clerk of the Board of Supervisors to execute three copies of the First Amendment to Lease for 8525 Gibbs Drive, San Diego, County Contract No. 37572-E.

3.     Establish appropriations of $23,375 in the Alternate Public Defenders Fiscal Year 2001-02 budget, Org. 3006, Account 2329, (Dependency Unit) based on fund balance available in the Public Safety Group’s General Fund Fund balance.

4.     Authorize the Director of the Department of General Services to exercise the option to extend the lease prior to lease expiration, if appropriate.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

3.

SUBJECT:

SECOND AMENDMENT TO LEASE AGREEMENT – JOHN MERKEL – BMX BICYCLE RACETRACK - CACTUS PARK, LAKESIDE (DISTRICT: 2)

On June 28, 1991 the Director, Department of General Services, executed a five-year lease agreement with John Merkel for the operation of a BMX bicycle racetrack on approximately one acre at Cactus Park in Lakeside. In June 1996 a First Amendment to this Lease Agreement was executed extending the term for an additional five years and adding an escalating rent provision. This Second Amendment would extend this lease for an additional ten years, add a percentage rent provision and Cost of Living Adjustment (COLA), and add additional maintenance requirements for the lessee. All other terms and conditions of the lease would remain the same.

This Second Amendment to the Lease Agreement will generate minor business activity through the operation and maintenance of a BMX bicycle racetrack open to the general public.

CHIEF ADMINISTRATIVE OFFICER:

1.     Find that this activity is not subject to the environmental assessment process as it is categorically exempt under Article 19, Section 15301 of the State of California Environmental Quality Act Guidelines, being a continued use of an existing facility.

2.     Authorize the Director, Department of General Services, to execute the Second Amendment to Lease Agreement with John Merkel.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

4.

SUBJECT:

ACCEPTANCE OF GIFTS FOR THE SAN DIEGO COUNTY LIBRARY (DISTRICT: ALL)

The County Library has received numerous gifts from individuals and groups that are interested in promoting library service to their communities.  County of San Diego Administrative Code, Section 66, permits the acceptance of gifts by the administrative head of each department of the County, subject to ratification by the Board of Supervisors.   A report of all individual gifts not exceeding $5,000 is required as well as Board of Supervisors approval to accept individual gifts over $5,000.    This action will ratify or accept gifts received by the County Library between the period of January 1, 2001 and June 30, 2001.

There are no costs to the County Library associated with the acceptance of these donations.

CHIEF ADMINISTRATIVE OFFICER

1.               Accept the County Library Report of Gifts for the period January 1, 2001 through  June 30, 2001, in accordance with Administrative Code Section 66.  Ratify the acceptance of gifts exceeding $5,000.

2.               Authorize the Chairman of the Board of Supervisors to sign letters of appreciation for donations over $5,000.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

5.

SUBJECT:

NOTICED PUBLIC HEARING:

ESCONDIDO CREEK WATERSHED – ACQUISITION OF PARCEL NOS. 2000-0298-A (GEORGESON) AND 2001-0173-A (HEWITT)  (DISTRICT:5)

The County of San Diego is actively involved in open space habitat planning including the Multiple Species Conservation Program (MSCP), and the development of the North County MSCP area Subarea Plan.  The Escondido Creek watershed is an important part of the proposed North County MSCP Subarea Plan.  Many parcels within the Escondido Creek area are highly desirable for development, which would fragment the critical wildlife habitat linkages in the area.

On November 10, 1999 (6), the Board adopted a Resolution authorizing the Department of Parks and Recreation to submit a grant application in the amount of $2,000,000 under the regional (SANDAG) allocation of the Transportation Enhancement Activities Program for the acquisition of property along Escondido Creek.

On October 17, 2001 (6), the Board set a hearing for November 14, 2001 to consider the purchase Parcel Nos. 2000-0298-A (Georgeson) for $248,700 and Parcel No. 2001-0173-A (Hewitt) for $441,500.  The Board is requested to approve the two real property contracts.

Funds for the acquisition are budgeted in Capital Project KA0551 – Escondido Creek Acquisitions.  The funding sources are a Caltrans Transportation Enhancement Activities  (TEA) grant and County General Funds which have been previously budgeted in the project for grant matching purposes.  The purchase will result in a cost of $690,200 in fiscal year 2001/2002, no additional cost in subsequent years and the addition of no staff years.  There will be no additional cost to the General Fund resulting from this action.

CHIEF ADMINISTRATIVE OFFICER

1.     Approve the Real Property Contract for Parcel No. 2000-0298-A (Georgeson) for $248,700 and Parcel No 2001-0173-A (Hewitt) for $441,500 and authorize the Clerk of the Board to execute two copies of each contract.

2.     Authorize the Director, Department of General Services, or assignee, to execute all documents necessary to complete the transactions.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

6.

SUBJECT:

NOTICED PUBLIC HEARING:

HAUGH TENTATIVE PARCEL MAP - TPM 20610; FALLBROOK COMMUNITY PLANNING AREA (DISTRICT:  5)

This is an appeal filed by the applicant of the Director’s decision denying TPM 20610.  The project is a minor subdivision of 8.3 acres into 4 parcels ranging in size from 2 to 2.14 acres.  The project site is located on the east side of Gird Road within the Fallbrook Community Planning Area.  The property is zoned A70, Limited Agriculture, and is subject to the Estate Development Area (EDA) Regional Land Use Category and (17) Estate Residential Land Use Designation.

N/A

PLANNING AND ENVIRONMENTAL REVIEW BOARD:

Deny the appeal and adopt the Resolution denying TPM 20610 for the reasons included in the staff report.

DEPARTMENT OF PLANNING AND LAND USE:

The Department concurs with the Planning and Environmental Review Board’s (PERB) recommendation.

ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors continued the hearing to Wednesday, December 12, 2001 at 9:00 a.m.

AYES:  Cox, Jacob, Slater, Roberts, Horn

7.

SUBJECT:

NOTICED PUBLIC HEARING:

RAMONA SERENA RANCH – ACQUISITION OF PARCEL NO 2001-0037-A (RAMONA SERENA LLC) (DISTRICT: 2)

The purchase of Parcel No. 2001-0037-A is part of an ongoing acquisition program to assemble and preserve important habitat lands and create trail linkage to other parcels within pre-approved Preserve areas.  Ramona Serena LLC, owners of a large parcel within the Iron Mountain Ridge Sub-Area have offered to sell their property to the County.

On October 17, 2001 (7), the Board set a hearing for November 14, 2001 to consider the purchase of Parcel No. 2001-0037-A from Ramona Serena LLC.  The property consists of 716.5 acres and is located near the community of Ramona.

The Board is requested to approve the Purchase and Sale Agreement for the purchase of Parcel No 2001-0037-A for the appraised value of $4,440,000.

Funding in the amount of $2,440,000 is budgeted in Capital Project KA9500 for the purchase of this property.  Additional funding in the amount of $2,000,000 is being appropriated in this action.  The funding sources are County General Funds which have been previously budgeted in the Capital Project to supplement MSCP acquisitions, and the State Wildlife Conservation Board grant funds being appropriated.  If approved, this request will result in $4,440,000 current year cost to purchase the property, no annual cost, and will require the addition of no staff years.  There will be no additional cost to the General Fund resulting from this action.

CHIEF ADMINISTRATIVE OFFICER:

1.     Establish appropriations in the amount of $2,000,000 in Capital Project KA9500, MSCP Acquisition, based on awarded State Wildlife Conservation Board funding (4 VOTES).

2.     Approve the Purchase and Sale Agreement for the purchase of Parcel No. 2001-0037-A (Ramona Serena LLC) for the appraised value of $4,440,000 and authorize the Clerk of the Board to execute two copies of the agreement.

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

ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors closed the hearing and took action as recommended.

AYES:  Cox, Jacob, Slater, Roberts, Horn

8.

SUBJECT:

TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (DISTRICTS: 1, 2 & 5)

The Traffic Advisory Committee meets every six weeks to review proposed changes or additions to regulatory traffic controls.  Thirty-nine items were on the Committee’s September 21, 2001, meeting agenda.  The Committee recommends your action on 31 items, as seven items were continued prior to the meeting by the requester, staff or various planning groups. Item 1-A was continued by the Sweetwater Community Planning Group, Items 2-G1 and 2-G2 were continued by the requester, Item 2-R was continued by the Lakeside Community Planning Group, Item 5-A was continued by the requester, Item 5-B was continued by staff, and Item 5-G was continued by the Fallbrook Community Planning Group.  Item 2-F1 was withdrawn because on September 12, 2001 (4)  the Board acted on this item. All 31 items are recommended for adoption.

Funds for this proposal are budgeted in the Department of Public Works Road Fund.

Consider and file report including the following recommendations:

1-A.     This item was continued prior to meeting at the request of the Sweetwater Community   Planning Group.

1-B2.   Siempre Viva Road, north side, from the east line of Enrico Fermi Drive easterly        1320 feet, OTAY-Establish a parking prohibition.

2-A.     Fuerte Drive and Grossmont Boulevard, LA MESA-Do not place intersection on the   County's Traffic Signal Priority List.

2-B.     Avocado Boulevard from Madrid Way to the El Cajon City Limit, EL CAJON-          Direct the existing 45 MPH speed limit be re-certified for radar speed enforcement.

2-C.     Ramona Oaks Road from San Vicente Road to the End, RAMONA- Direct the            existing 45 MPH speed limit be certified for radar speed enforcement.

2-D.     Pine Creek Road and Pine Creek Crossing, PINE VALLEY-Continue the request to   change the existing regulatory controls to the November 2nd Traffic Advisory             Committee meeting.

2-E.     Laguna Trail and Spring Road, PINE VALLEY-Establish a: (1) stop control for  west   bound traffic on Laguna Trail and (2) yield control for the south to east bound turning   movement on Spring Road.

2-F1.   Gillispie Drive and Orville Street, SPRING VALLEY-All-way stop control request    withdrawn. (On September 12, 2001(4), the Board established an all-way stop control   at this location.)

2-F2.   Gillispie Drive and Orville Street, SPRING VALLEY-Do not establish any additionally   regulatory controls.

2-G1.   This item was continued prior to the meeting by the requester.

2-G2.   This item was continued prior to the meeting by the requester.

2-H1.   Fury Lane and Calle Verde, EL CAJON-Retain this intersection on the County's Traffic   Signal Priority List.

2-H2.   Fury Lane and Calle Verde, EL CAJON-Do not establish an all-way stop control.

2-I.      Fury Lane from Avocado Boulevard to Wieghorst Way, EL CAJON-Retain the existing   40 MPH speed limit posting.

2-J.      La Brea Street and Day Street, RAMONA-Do not establish an all-way stop control.

2-K.     Brabham Street and Hilton Head Road, EL CAJON-Do not establish an all-way stop   control.

2-L.     Hartzel Drive from Golf Drive to Lakeview Drive, SPRING VALLEY-Retain the       existing 25 MPH speed limit posting.

2-M.    Sweetwater Springs Boulevard and Campo Road, SPRING VALLEY-Do not place    intersection on the County's Traffic Signal Priority List.

2-N.     Ashwood Street from Mapleview Drive to Willow Road, LAKESIDE-Establish a 50   MPH speed limit.  Direct the proposed 50 MPH speed limit be certified for radar speed   enforcement.

2-O.     Vista Camino and Lakeside Avenue, LAKESIDE-Do not establish an all-way stop      control.

2-P.     Lake Jennings Park Road and Julian Avenue/El Monte Road, LAKESIDE-Do not place   this intersection on the County's Traffic Signal Priority List.

2-Q.     Pepper Drive and Mollison Avenue/Lindenwood Drive, EL CAJON-Do not place this   intersection on the County's Traffic Signal Priority List.

2-R.     Wildcat Canyon Road from Mile Post 7.5 southerly to a point 1,100 feet south of Mile    Post 6, LAKESIDE-Continue the request for a review of the existing 50 MPH speed    limit to the November 2nd Traffic Advisory Committee meeting.

2-S.     Royal Road, north side, from a point 640 feet east of Winter Gardens Boulevard easterly   380 feet, EL CAJON-Establish a parking prohibition.

2-T1.   San Vicente Road, west side, from 11^th Street southerly 140 feet, RAMONA-              Establish a bus loading zone.

2-T2.   Hanson Lane, north side, from Keyser Road easterly 200 feet, RAMONA-   Establish   a bus loading zone.

2-T3.   Hanson Lane, north side, from Anna Rose Lane westerly 100 feet, RAMONA- Establish   a bus loading zone.

2-T4.   Ramona Street, east side, from H Street southerly 90 feet, RAMONA-  Establish a bus   loading zone.

2-T5.   Ramona Street, east side, from a point 245 feet south of Main Street southerly 100 feet,   RAMONA-Establish a bus loading zone.

District 5

5-A.     Country Club Drive from Kauana Loa Drive to Harmony Grove Road, ESCONDIDO-   The request for a 7-ton weight limitation was continued prior to the meeting by the      requester.

5-B.     Country Club Drive from Kauana Loa Drive to Harmony Grove Road, ESCONDIDO-   The request for the establishment of a formalized speed limit  was continued prior to   the meeting by staff in order for both this item and 5-A to be reviewed jointly. 

5-C.     Fallbrook Street, north side, from a point 100 feet east of Shady Glen Lane westerly   to Potter Street,  FALLBROOK-Establish a parking prohibition.

5-D.     Bluesage Drive and Lodgepole Road, SAN MARCOS-Retain the existing regulatory   controls.

5-E.     Paseo Delicias between Via de la Valle and El Montevideo/La Valle Plateada,             RANCHO SANTA FE- Reduce the existing 45 MPH speed limit to 40 MPH.  Direct    the proposed 40 MPH speed limit be certified for radar speed enforcement.

5-F.     Buena Creek Road, south side, from a point 120 feet east of Monte Vista Drive           easterly 270 feet, VISTA-Establish a parking prohibition from 10 PM to 8 AM.

5-G.     This item was continued prior to meeting at the request of the Fallbrook Community   Planning  Group.

5-H.     Sunset Drive and Ridge Road, VISTA-Do not establish an all-way stop control.

5-I.      Fruitvale Road, south side, from a point 530 feet east of the east line of Cole Grade     Road easterly 140 feet and from a point 830 feet east of the east line of Cole Grade     Road easterly 150 feet, VALLEY CENTER-Amend an existing passenger loading zone.

Recommendations

CHIEF ADMINISTRATIVE OFFICER

1.        Find pursuant to Section 15301 (c) of California Environmental Quality Act (CEQA) Guidelines the following actions are exempt from environmental review since they are part of operation of existing streets.

2.       Concur with Traffic Advisory Committee's recommendations.

3.       Adopt, amend and/or delete the following Resolutions and Ordinances.

No. 300 (Items 2-T1 thru 2-T5, and 5-I)

No. 301 (1-B1, 1-B2, 2-S, 5-C and 5-F)

No. 304 (Item 2-E)

No. 306 (Item 2-E)

4.       Approve the introduction of the Ordinances, (first reading), read title and waive further reading of the Ordinances (Items 2-N and 5-E).

AN ORDINANCE ADDING SECTION 72.161.17.2. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

AN ORDINANCE AMENDING SECTION 72.161.89. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

Submit the Ordinances for further Board consideration and adoption (second reading), on December 5, 2001.

On Item 2-H1, 2-H2 and 2-I, Fury Lane, referred items to the Valle de Oro Planning Group for further review and consideration; on Item 2-0, directed the Chief Administrative Officer to work with the Lakeside School District to determine whether the installation of an all-way stop or other action should be taken to ensure the safety of students and other pedestrians crossing this street; ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, excepting Item 5-C  (See Action 8.1) the Board of Supervisors took other actions as recommended, on Consent,  introducing Ordinances for further Board consideration on December 5, 2001, and adopting the following Resolutions:

No. 01-317, entitled; TRAFFIC RESOLUTION NO. 2684 RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 300 RELATING TO THE ESTABLISHMENT OF LOADING ZONES IN THE COUNTY OF SAN DIEGO,

No. 01-318, entitled; TRAFFIC RESOLUTION NO. 2685 RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 300 RELATING TO THE ESTABLISHMENT OF LOADING ZONES IN THE COUNTY OF SAN DIEGO,

No. 01-319, entitled; TRAFFIC RESOLUTION NO. 2686 RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 300 RELATING TO THE ESTABLISHMENT OF LOADING ZONES IN THE COUNTY OF SAN DIEGO,

No. 01-320, entitled; TRAFFIC RESOLUTION NO. 2687 RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 300 RELATING TO THE ESTABLISHMENT OF LOADING ZONES IN THE COUNTY OF SAN DIEGO,

No. 01-321, entitled; TRAFFIC RESOLUTION NO. 2688 RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 300 RELATING TO THE ESTABLISHMENT OF LOADING ZONES IN THE COUNTY OF SAN DIEGO,

No. 01-322, entitled; TRAFFIC RESOLUTION NO. 2689 RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 300 RELATING TO THE ESTABLISHMENT OF LOADING ZONES IN THE COUNTY OF SAN DIEGO,

No. 01-323, entitled; TRAFFIC RESOLUTION NO. 2690 RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO,

No. 01-324, entitled; TRAFFIC RESOLUTION NO. 2691 RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO,

No. 01-325, entitled; TRAFFIC RESOLUTION NO. 2692 RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO,

No. 01-326, entitled; TRAFFIC RESOLUTION NO. 2693 RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO,

No. 01-327, entitled; TRAFFIC RESOLUTION NO. 2694 RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO,

No. 01-328, entitled; TRAFFIC RESOLUTION NO. 2695 RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 304 RELATING TO THE ESTABLISHMENT OF STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO, and

No. 01-329, entitled; TRAFFIC RESOLUTION NO. 2696 RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 306 RELATING TO THE ESTABLISHMENT OF YIELD RIGHT-OF-WAY INTERSECTIONS IN THE COUNTY OF SAN DIEGO.

AYES:  Cox, Jacob, Slater, Roberts, Horn

8.1

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended on Recommendation 5-C.

AYES:  Cox, Jacob, Slater, Roberts, Horn

9.

SUBJECT:

APPLICATION FOR AND ACCEPTANCE OF STATE USED OIL RECYCLING BLOCK GRANT – CYCLE VII: 2001 - 2002 (DISTRICT: ALL)

The California Oil Recycling Enhancement Act provides funds to cities and counties for establishing and maintaining local used oil and filter collection programs that encourage recycling or appropriate disposal of used oil and filters. Since 1993, the County of San Diego has received ten used oil recycling grants totaling approximately $2,325,000 from the California Integrated Waste Management Board.

The Department of Public Works requests Board authorization to apply to the California Integrated Waste Management Board for the State Used Oil Recycling Block Grant – Cycle VII: 2001 – 2002, for an estimated total amount of $450,000, to establish and expand used oil recycling programs from now through FY 2003-04 for $150,000 each year, and accept the grant, if awarded. The grant will provide funds for used oil and filter collection programs, public education on used oil and filter recycling, and oil-related stormwater pollution prevention.

This is also a request to authorize the Director, Department of Purchasing and Contracting, to issue Requests for Proposals and negotiate terms for contracts to complete projects included in used oil recycling and public education proposed to the Integrated Waste Management Board for funding.

Funding for this proposal is unanticipated. Funding source is grant revenue from the State Used Oil Recycling Block Grant – Cycle VII. If awarded, the grant will result in an estimated $150,000 in revenue and expenditure in each of the Fiscal Years 2001-02, 2002-03 and 2003-04, for an estimated total of $450,000. Grant funds not expended in one fiscal year may be carried over to later years in the grant period. No matching funds are required.

CHIEF ADMINISTRATIVE OFFICER

1.               In accordance with section 15061(b)(3) of the California Environmental Quality Act (CEQA) guidelines, find that it can be seen with certainty that there is no possibility this project may have a significant effect on the environment and that it is therefore not subject to CEQA.

2.               Adopt the Resolution Authorizing Application For State Used Oil Recycling Block Grant - Cycle VII: 2001 – 2002; and, authorize the Clerk of the Board to sign the Resolution on behalf of the Board of Supervisors.

3.               Establish Appropriations of $150,000 in the Department of Public Works, Waste Planning & Recycling Division, Org 5715, Account 2315, Activity 354125 (Professional & Specialized Svcs/Oil Block Grant 7) contingent upon revenue received from State Used Oil Recycling Block Grant funds. (4 VOTES)

4.               Authorize the Director, Department of Public Works or designee, as agent of the County, to conduct all negotiations and submit all documents including, but not limited to, applications, contracts, payment requests, agreements and amendments, which may be necessary to secure grant funds; and to execute a grant agreement upon award of grant funds, including any extensions or amendments thereof, that do not materially impact or alter either the grant program or funding level.

5.               Authorize the Director, Department of Purchasing and Contracting, in accordance with Article XXIII, Section 401 (a) of the County Administrative Code to issue a Request for Proposal (RFP), negotiate and award a contract to acquire used oil and filter collection services, used oil and filter curbside collection services, agricultural used oil collection and recycling event services, and public education for used oil and filter collection and recycling for the Department of Public Works, subject to the approval of the Director, Department of Public Works.

ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent; adopting Resolution No. 01-330, entitled: RESOLUTION AUTHORIZING APPLICATION FOR STATE USED OIL RECYCLING BLOCK GRANT – CYCLE VII: 2001-2002.

AYES:  Cox, Jacob, Slater, Roberts, Horn

10.

SUBJECT:

ENRICO FERMI DRIVE IMPROVEMENTS IN EAST OTAY MESA: AGREEMENT BETWEEN COUNTY AND EAST OTAY MESA ASSOCIATES AND ADVERTISE AND AWARD A CONTRACT FOR ROAD IMPROVEMENTS (DISTRICT: 1)

On July 14, 1999 (3), the Board accepted a federal Economic Development Administration grant to provide up to $850,600 of the funding for construction of Enrico Fermi Drive. This project proposes to construct a two-lane roadway extension of Enrico Fermi Drive between Airway Road and Otay Mesa Road in the unincorporated San Diego County area of East Otay Mesa. Improvements planned include construction of roadway, drainage, utilities and traffic signals, and are intended to stimulate development of East Otay Mesa by upgrading access to the planned industrial area and improving circulation along the United State/Mexico Border.

When the Board approved the grant application, the developer of a proposed Travel Plaza adjacent to Enrico Fermi Drive had indicated a willingness to advance funds for construction of the project, which would have otherwise been paid as a condition of its future Major Use Permit.  These developer funds, along with gas tax funds, would have provided the matching funds for the EDA grant. The Developer cannot advance funds at this time. Under the federal grant, however, the County has a commitment to complete the project by March 2003. This is a request to approve an agreement between the County and the Developer wherein the County would use gas tax funds to match the EDA grant to construct Enrico Fermi Drive. Under the agreement, the Developer would reimburse the County over a period of up to ten years with seven percent interest for its share of construction costs.

Plans, specifications, and the cost estimate are complete. Upon Board approval, the project will be advertised for public bidding and a construction contract will be awarded to the lowest responsible bidder.  Construction is scheduled for March to September 2002.

Otay Municipal Water District has existing water lines within the Enrico Fermi Drive road alignment. These will be relocated as part of the project. Board approval is requested to approve a cooperative agreement with the water district wherein the County will agree to fund the utility relocations and reimburse the district for its inspection costs.

Construction of this project will have a positive impact on business activity through partial public assistance toward construction of initial portions of Enrico Fermi Drive in the East Otay Mesa area, which is planned for industrial development.  The project will improve access to planned industrial employment centers and improve circulation along the United States/ Mexico Border.

CHIEF ADMINISTRATIVE OFFICER

1.     Find that there are no changes in the project or in the circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the Final Environmental Impact Report for the East Otay Mesa Specific Plan, or a substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since said Environmental Impact Report was prepared.

2.     Approve and authorize the Clerk of the Board to execute, upon receipt, a reimbursement agreement between the County, East Otay Mesa Associates, and Marilyn Mason and Jorge Aldrete Haas for reimbursement of its share of actual construction costs over a ten-year period, and will pay seven percent interest.

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

4.     Designate the Director, Department of Public Works, in accordance with Board Policy F-41, as County Officer responsible for administering the contracts.

5.     Approve and authorize the Clerk of the Board to execute, upon receipt, a reimbursement agreement between the County and Otay Municipal Water District.

6.     Authorize the Director, Department of Public Works to establish an account to pay a deposit of $11,000 to Otay Municipal Water District for their inspection costs relating to the relocation of existing water lines within Enrico Fermi Drive.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

11.

SUBJECT:

ALLOCATION OF COMMUNITY PROJECTS FUNDS (DISTRICT: 4)

The County’s improved fiscal condition has enabled it to reinvest taxpayer money back into our communities for the benefit of the public. This recommended action proposes that several projects of great benefit to San Diego County be funded using Community Project Funds.

The total combined cost of the proposed recommendation is $130,500. Appropriations are available in the Community Projects budget unit (0264). This action will result in the addition of no staff years and no future costs.

SUPERVISOR ROBERTS:

1.               Allocate $25,000 from the Community Projects Budget unit (0264) to contribute to the Phoenix House to aid with costs associated with obtaining an additional van and purchasing emergency and medical supplies for their facility.

2.               Allocate $20,000 from the Community Projects Budget unit (0264) to contribute to the Rachel’s Women’s Center to aid with costs associated with starting an all night center for homeless women that are described as severely and persistently mentally ill.

3.               Allocate $20,000 from the Community Projects Budget unit (0264) to contribute to the Bayside Community Center to aid with costs associated with providing renovations and capital improvements to a new facility.

4.               Allocate $18,000 from the Community Projects Budget unit (0264) to contribute to the Council of Community Clinics to purchase new servers and computer equipment for two community clinics in District four.

5.               Allocate $7,500 from the Community Projects Budget unit (0264) to contribute to the Asian Business Association to purchase equipment and pay hotel expenses for the association’s 2002 convention.

6.               Allocate $25,000 from the Community Projects Budget unit (0264) to contribute to the San Diego Center for Children to purchase computers, monitors and printers for their facility.

7.               Allocate $15,000 from the Community Projects Budget unit (0264) to contribute to the San Diego National Sports Council to promote business contract opportunities to women and minority-owned businesses. The San Diego National Sports Council will conduct seminars to educate these businesses, certify qualifying businesses, and comprise a list of these certified local businesses for public and business to business use.

8.               Authorize the Chief Financial Officer to execute an agreement with each of the entities establishing terms for receipt of the funds described above.

ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, authorizing the Clerk of the Board to execute agreements,  on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn

12.

SUBJECT:

RETIREMENT BOARD ELECTION - SEVENTH (SAFETY) MEMBERS (DISTRICTS ALL)

This is a request for your Board to order that no election be held to fill the regular three-year term for the Seventh (Safety) Member of the Board of Retirement and to declare Earl F. Murphy, Jr., unanimously elected to the Retirement Board, in compliance with Section 31523 of the California Government Code.

None

CHIEF EXECUTIVE OFFICER SAN DIEGO COUNTY EMPLOYEES

RETIREMENT ASSOCIATION:

1.     Order that no election be held to fill the regular three-year term of the Seventh (Safety) Member of the Board of Retirement, commencing January 1, 2002 and expiring December 31, 2005.

2.     Direct the Clerk of the Board to cast a unanimous ballot for the one duly nominated member, Earl F. Murphy, Jr., and file the submitted nominating petition.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

13.

SUBJECT:

CHAPTER VIII AGREEMENT TO PURCHASE TAX DEFAULTED LAND #6962 STATE OF CALIFORNIA, DEPT OF PARKS & RECREATION (DISTRICTS: 2 & 5)

The State of California, Department of Parks and Recreation has offered to purchase nineteen (19) parcels of tax defaulted land to be used for public purposes.  In accordance with Chapter VIII of the California Revenue and Taxation Code, we have prepared the proposed agreement for your approval.

If approved, this request will result in no current year or annual cost.  Proceeds from the parcels sold will be used to redeem the delinquent, current taxes, costs and fees.  Any funds remaining after satisfaction of all taxes, fees and costs of sale will be retained in the delinquent tax sale trust fund for a period of one year following the recordation of the tax deed to the purchaser of the property.  During that period, any party of interest in the property at the time of the sale may apply for the proceeds by submitting a claim.  Unclaimed excess proceeds shall be escheated into the County’s General Fund.

TREASURER-TAX COLLECTOR:

Adopt the Resolution approving the sale by Agreement No. 6962 of nineteen (19) parcels of land, subject to the Tax Collector’s Power to Sell for Defaulted Taxes, to The State of California, Department of Parks and Recreation, and authorizing execution of said Agreements (2 copies) by the Chairperson, attested by the Clerk of the Board of Supervisors.

ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent; adopting Resolution No. 01-331, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PROPOSED CHAPTER VIII AGREEMENT SALE OF TAX-DEFAULTED PROPERTY.

AYES:  Cox, Jacob, Slater, Roberts, Horn

14.

SUBJECT:

SCHOOL-BASED FAMILY SELF-SUFFICIENCY SERVICES (DISTRICT: 4)

The County of San Diego receives federal Community Services Block Grant revenue for the purpose of assisting low-income persons to become self-sufficient.  The County uses the block grant revenue to fund the Family Self-Sufficiency Services program, which is made available county-wide through contracts with community-based agencies operating within each of the Health and Human Services Agency’s six geographic service delivery regions.  In addition, the program includes school-based family self-sufficiency services provided on the campus of O’Farrell Charter School in the City of San Diego.  School-based services are funded jointly by revenue from the San Diego Unified School District and the Community Services Block Grant.  This item requests Board of Supervisors approval to authorize the Director of Purchasing and Contracting to enter into negotiations and upon completion of successful negotiations, award a contract to continue implementation of school-based family self-sufficiency services at O’Farrell School.

The school-based services support the goals of the Self Sufficiency Initiative in the County’s FY 2001-2006 Strategic Plan, which includes preparing at-risk youth and needy parents to achieve self-sufficiency.

Funding of $185,364 is included in the FY 2001-02 Operational Plan.  The funding sources are the Community Services Block Grant and the San Diego Unified School District.  If approved, this request will result in current costs of $185,364 and subsequent fiscal years’ costs and revenues of $185,364.  There will be no change in the net General Fund cost and no additional staff years.

CHIEF ADMINISTRATIVE OFFICER:

In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Purchasing and Contracting, to enter into negotiations with Social Advocates for Youth to provide school-based family self-sufficiency services at O’Farrell Charter School and subject to successful negotiations and a determination of a fair and reasonable price, execute a contract for the term January 1, 2002 through December 31, 2002 and one additional option year and to amend the contract as required to reflect changes in services or funding allocations, subject to the approval of the Director, Health and Human Services Agency.  Waive the advertising requirement of Board Policy A-87.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

15.

SUBJECT:

CONTRACT FOR MEDIWARE SOFTWARE FOR HEALTH AND HUMAN SERVICES AGENCY PHARMACY (DISTRICTS:  ALL)

The Health and Human Services Agency provides pharmacy services to County residents who are patients of several health programs, including County Mental Health outpatient clinics, Public Health clinics, Juvenile Forensics, and San Diego County Psychiatric Hospital.  The Agency Pharmacy currently utilizes a pharmacy application software system that is approximately 14 years old and is unable to fully support required quality assurance efforts.  A new software application is required to provide enhanced support for regulatory compliance efforts, productivity, cost efficiencies, and identification of potential adverse medication interactions.  In order to be compliant with recent State legislation and new standards, and to provide up-to-date records and drug information and warnings, County staff and the Pennant Alliance staff have researched several pharmacy application software vendors and their products.  Based on that review, one company, Mediware Information Systems, Inc., was found to provide the product, necessary ongoing maintenance, product support, and compatibility with existing software used within the County.

Board approval is requested to authorize the Director, Purchasing and Contracting, to enter into negotiations and subject to successful negotiations and determination of a fair and reasonable price, execute a sole source contract with Mediware Information Systems, Inc.  This item supports the Health and Wellness Initiative in the County’s Strategic Plan in that it provides an improved pharmacy system for patients using health and behavioral health services.  This item also supports the Technology Initiative in the County Strategic Plan, which promotes technology as an integral tool and key for realizing continuous improvement by providing staff with the ability to serve customers more efficiently and effectively.

Funds for this proposal are included in the FY 2001-03 Operational Plan.  If approved, this request will result in FY 2001-02 cost and revenue of $218,000 and subsequent year cost and revenue of $37,000.  The funding sources are Prior Year HHSA one-time fund balance ($218,000) and Mental Health Realignment ($37,000).  There will be no change in net General Fund cost and no additional staff years.

CHIEF ADMINISTRATIVE OFFICER

In accordance with Board Policy A-87, “Competitive Procurement,” authorize the Director, Purchasing and Contracting, to enter into negotiations and subject to successful negotiations and determination of a fair and reasonable price, execute a sole source contract with Mediware Information Systems, Inc. for pharmacy software and support for the period December 1, 2001 through November 30, 2002, and three option years through November 30, 2005, and up to an additional six months if needed, and to amend the contract as required for changes to funding and services, subject to the approval of the Director of Health and Human Services Agency, and availability of  funding.  Waive the advertising requirement of Board Policy A-87.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

16.

SUBJECT:

FY 2001-02 CITIZEN’S OPTION FOR PUBLIC SAFETY (COPS) PROGRAM  (DISTRICTS: ALL)

In accordance with SB 739, Peace (Chapter 106, Statutes of 2001) the Citizen’s Option for Public Safety (COPS) Program provides $116.3 million of State general funds for the purpose of expanding front line law enforcement services, enhancing criminal prosecution and augmenting Sheriff detention services.  This Program was first authorized by AB 3229 (Brulte) in 1996 and later extended through FY 1999-2000 by AB 1584 (Prenter) in 1997.  The County of San Diego has received its allocation of FY 2001-02 funds in the amount of $2,879,731 to be distributed as follows: $895,587 for Sheriff’s Law Enforcement services, $992,072 for Sheriff’s Detentions Services, $992,072 for the District Attorney’s criminal prosecution services. In accordance with the COPS Program funding requirements, the Board of Supervisors is requested to receive and allocate the FY 2001-2002 funds to the District Attorney and the Sheriff in accordance with spending priorities established by those departments.

District Attorney:

This request will accept $992,072 in Citizen’s Option for Public Safety Program funding, $51,284 less than the amount included in the District Attorney’s FY 2001-2002 Adopted Operational Plan for this proposal.  To offset this decrease in COPS funding, the District Attorney will decrease budgeted FY 2001-2002 salaries and benefits by $51,284.  If approved, this request will result in current year cost and revenue of $992,072 and will not require the addition of any staff years.  No matching funds are required.

Sheriff:

This request will accept $1,887,659 In Citizen’s Option for Public Safety Program funding for the Sheriff’s Department ($895,587 for Law Enforcement and $992,072 for Detention Services), $189,937 less than the amount included in the Sheriff’s FY 2001-02 Adopted Operational Plan for this proposal.  The Sheriff’s budget will be adjusted in the Public Safety Group’s budget adjustment letter.  If approved, this request will result in cost and revenues of $1,887,659 and will not require the addition of any staff years.  No matching funds are required.

CHIEF ADMINISTRATIVE OFFICER

1.     Accept State funds in the amount of $2,879,731 from the Citizen’s Option for Public Safety Program.

2.     Cancel appropriations in the amount of $51,284 and related revenue in the District Attorney’s Office due to a reduced allocation of State funds. 

3.     Allocate $992,072 of these funds for Salaries and Benefits in the District Attorney’s Office as anticipated in the FY 2001-02 Operational Plan.

4.     Allocate $1,887,659 to the Sheriff’s Department ($895,587 for Law Enforcement and $992,072 for Detention Services) of which $1,887,659 was anticipated in the FY 2001-02 Operational Plan ($895,587 for Law Enforcement and $992,072 for Detention Services).

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

17.

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