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COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

+STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING

TUESDAY, SEPTEMBER 20, 2005, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

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

Present: Supervisors Pam Slater-Price, Chairwoman; Bill Horn, Vice-Chairman;

Greg Cox; Dianne Jacob; also Thomas J. Pastuszka, Clerk.

ABSENT: Supervisor Ron Roberts

Invocation was led by Paul Garrison, College Pastor of The Rock Church

Pledge of Allegiance was led by Tom Whittaker from Poway High School.

Approval of Statement of Proceedings/Minutes for the Meetings of July 26, 2005 and August 2, 2005

ACTION:

ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meeting of July 26, 2005 and August 2, 2005.

AYES: Cox, Jacob, Slater-Price, Horn

ABSENT: Roberts

Category

Agenda No.

Subject

Land Use & Environment

1.

FIRESTORM 2003 RESPONSE: AUTHORIZATION TO NEGOTIATE CONTRACTS WITH VARIOUS FIRE AGENCIES TO IMPROVE FIRE SERVICE IN THE UNINCORPORATED AREA

[FUNDING SOURCE(S): COUNTY GENERAL FUND FISCAL YEAR 2004-05 FUND BALANCE]

(4 VOTES)

Community Services

2.

DIRECT PREPARATION OF A REQUEST FOR PROPOSALS (RFP) FOR DEVELOPMENT OF COUNTY OPERATIONS CENTER ANNEX SITE AND POSSIBLE RELATED SITES IN KEARNY MESA

3.

LA MESA BRANCH LIBRARY - MEMORANDUM OF UNDERSTANDING AND LIBRARY SERVICES AGREEMENT WITH THE CITY OF LA MESA

4.

NOTICED PUBLIC HEARING:

SALE OF SURPLUS PROPERTY TO THE PARKING AUTHORITY OF THE CITY OF NATIONAL CITY – 0.53-ACRE SURPLUS PARK PROPERTY – PLAZA BONITA ROAD, NATIONAL CITY

(4 VOTES)

5.

APPROPRIATE TRUST FUNDS FOR THE NORTH COUNTY ANIMAL SHELTER

(4 VOTES)

6.

SET HEARING FOR 10/18/05

DOWNTOWN BLOCK - ACQUISITION OF ASSESSOR’S PARCEL NUMBER 533-483-04, 05 (UNION STREET ASSOCIATES) AND APPROVAL OF PARKING LEASE AMENDMENT

(4 VOTES)

7.


SET HEARING FOR 03/14/06:

FISCAL YEAR 2006-07 STRATEGY AND 2004-05 PERFORMANCE REPORT FOR DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ENTITLEMENT PROGRAMS

[FUNDING SOURCE(S): COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, EMERGENCY SHELTER GRANT, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAMS]

Health & Human Services

8.

CHILD ABUSE PREVENTION, INTERVENTION AND TREATMENT, COMMUNITY BASED CHILD ABUSE PREVENTION, AND PROMOTING SAFE AND STABLE FAMILIES PROGRAMS THREE-YEAR PLAN FOR FISCAL YEARS 2005 - 2008

[FUNDING SOURCE(S): PROMOTING SAFE AND STABLE FAMILIES (PSSF), CHILD ABUSE PREVENTION, INTERVENTION AND TREATMENT (CAPIT), AND COMMUNITY BASED CHILD ABUSE PREVENTION (CBCAP)]

9.

PROCUREMENT OF MENTAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION (ASO)

[FUNDING SOURCE(S): MENTAL HEALTH REALIGNMENT AND SHORT/DOYLE MEDI-CAL FFP]

10.

ENSURING FOOD STAMP PAYMENT ACCURACY

11.

HIV VIRAL LOAD TESTING REVENUE AGREEMENT

Public Safety

12.

SHERIFF’S DEPARTMENT REQUEST FOR THE PROCUREMENT OF HELICOPTER PARTS

[FUNDING SOURCE(S): GENERAL PURPOSE REVENUES BUDGETED WITHIN THE SHERIFF’S FISCAL YEAR 2005-06 OPERATIONAL PLAN]

13.

SHERIFF’S DEPARTMENT LAW ENFORCEMENT SERVICES WITH THE IMPERIAL COUNTY SHERIFF’S DEPARTMENT

[FUNDING SOURCE(S): UNANTICIPATED REVENUE FROM IMPERIAL COUNTY SHERIFF’S DEPARTMENT]

(4 VOTES)

14.

SHERIFF APPROVAL OF 800 MHZ REGIONAL COMMUNICATIONS SYSTEM (RCS) AGREEMENT WITH MIRACOSTA COMMUNITY COLLEGE (MCCC) DISTRICT

[FUNDING SOURCE(S): REVENUE FROM THE MIRA COSTA COMMUNITY COLLEGE DISTRICT]

(4 VOTES)

15.

SHERIFF’S DEPARTMENT LAW ENFORCEMENT AGREEMENT WITH THE PALA BAND OF MISSION INDIANS

[FUNDING SOURCE(S): REVENUE FROM PBMI]

16.

SHERIFF’S REQUEST FOR PROPOSAL FOR CIVIL ACCOUNTING SYSTEM

[FUNDING SOURCE(S): REVENUE FROM THE SHERIFF’S CIVIL AUTOMATION TRUST FUND]

(4 VOTES)

17.

ADMINISTRATIVE ITEM:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: ADDING ARTICLE 22, COMMENCING WITH SECTION 72.400, TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO CERTAIN PRIVATELY OWNED AND MAINTAINED ROADS THAT WILL BE SUBJECT TO THE VEHICLE CODE

Financial & General Government

18.

ALLOCATION OF COMMUNITY PROJECTS

19.


APPROVAL OF THE FINANCING DOCUMENTS FOR THE SIDNEY KIMMEL CANCER CENTER

20.

TRANSFER OF TERRITORY BETWEEN SAN MARCOS UNIFIED AND ENCINITAS UNION SCHOOL DISTRICTS

21.

TRANSFER OF TERRITORY BETWEEN SAN MARCOS UNIFIED AND VISTA UNIFIED SCHOOL DISTRICTS

22.

CSAC-EXCESS INSURANCE AUTHORITY AMENDMENT

23.

AMENDMENTS TO THE COMPENSATION ORDINANCE, ADMINISTRATIVE CODE AND CIVIL SERVICE RULES

24.

FISCAL YEAR 2005/06 APPROPRIATION LIMIT FOR THE COUNTY FAMILY OF FUNDS

25.

SAN DIEGO COMMUNITY COLLEGE DISTRICT, GENERAL OBLIGATION BONDS, ELECTION OF 2002, SERIES 2005

26.


CONFLICT OF INTEREST CODE: STUDENT SUCCESS PROGRAM DBA CHARTER SCHOOL OF SAN DIEGO

Communications Received

27.

COMMUNICATIONS RECEIVED

Appointments

28.


APPOINTMENTS

Public Safety

29.

RATIFY PROCLAMATION OF LOCAL EMERGENCY

Finance and General Government

30.

ALLOCATION OF COMMUNITY PROJECTS FUNDS

31.

NOTICE OF PUBLIC HEARING:

THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY ON BEHALF OF HTH LEARNING

Closed Session

32.

CLOSED SESSION

Presentations/Awards

33.

PRESENTATIONS/AWARDS

Public Communication

34.

PUBLIC COMMUNICATION

1.

SUBJECT:

FIRESTORM 2003 RESPONSE: AUTHORIZATION TO NEGOTIATE CONTRACTS WITH VARIOUS FIRE AGENCIES TO IMPROVE FIRE SERVICE IN THE UNINCORPORATED AREA (DISTRICTS: ALL)

OVERVIEW:

On December 2, 2003 (2,3,4) and on December 9, 2003 (6,7), the Board of Supervisors directed staff to take several actions to improve fire protection in response to the devastating wildfires that burned through the county in 2003. Those actions have included amendments to County Building and Fire Codes, Wildland Urban Interface Standards, and the Biological Mitigation Ordinance relating to fire resistive construction and clearing. On February 10, 2004 (1), your Board appropriated the funding for the acquisition of a fire and life safety helicopter. Then, on March 16, 2004 (6), your Board authorized the upgrade of the County Alert Service System (CASS) to a web-based product as a cost-effective and practical means of adding Reverse 9-1-1 to the County’s notification capabilities. Moreover, on June 15, 2004 (4), your Board, using a grant from the Indian Gaming Local Community Benefit Committee (IGLCBC) and funds from the Sheriff’s ASTREA Trust Fund, authorized the purchase of a second helicopter. In addition, your Board established the Fire Safety and Fuels Reduction Program on June 16, 2004 (4), to remove dead, dying, and diseased trees brought on by prolonged drought and bark beetle infestations. And furthermore, your Board approved the Fiscal Years 2004-05 and 2005-06 Operational Plan on June 28, 2004, in which funds were included for the Regional Communication System (RCS) enhancements recommended by the Chief Administrative Officer. However, consistent and uniform enforcement of County land use regulations along with additional training and equipment, in conjunction with previous County actions, would further improve fire protection and help protect lives and property.

This proposal would authorize the Director of Purchasing and Contracting, on behalf of the Chief Administrative Officer, to negotiate contracts with existing fire service entities in order to establish year-round fire protection and emergency response services in areas where these services are not currently provided. In addition, this proposal will improve fire prevention, training, coordination, and standardization of equipment. Additional staff will be added to the Department of Planning and Land Use to provide direct support to this program.

FISCAL IMPACT:

Funds for this request are not budgeted. The total annual cost of the contracts will not exceed $5,030,000. The funding source for the first year’s contract is County General Fund Fiscal Year 2004-05 fund balance. The projected annual salary and benefit costs for seven additional positions are $588,000. Appropriation adjustments for the staff costs as well as services and supplies and other start up costs of $186,000 will be addressed in the First Quarter Operational Plan Status report – existing appropriations are available within LUEG. The funding source for future year ongoing costs will be addressed in the CAO’s Proposed Operational Plan for Fiscal Years 2006-07 and 2007-08.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1. Find that the proposal is exempt from the California Environmental Quality Act (CEQA) as specified in Section 15061 (b) (3) of the State CEQA Guidelines.

2. Authorize the Director of Purchasing of Contracting to negotiate with the California Department of Forestry, Volunteer Fire Agencies, County Service Areas, the Rural Fire Protection District, and the Mootamai, Pauma, and Yuima Municipal Water Districts and upon successful negotiation and determination of fair and reasonable price, award contracts to improve fire protection and emergency response services in their service areas for no less than three years.

3. Find that the procurement is exempt from Board Policy A-87, Competitive Procurement based on Public Domain – Procurement From Other Government Agencies.

4. Establish appropriations of $5,030,000 in the Department of Planning and Land Use based on County General Fund Fiscal Year 2004-05 fund balance for contracts for Fire Service Improvements. (4 VOTES)

5. Authorize the Department of Human Resources to establish and classify seven additional positions within the Department of Planning and Land Use to provide direct support for the Fire Service Program.

ACTION:

ON MOTION of Supervisor Horn, seconded Supervisor Jacob, the Board took action as recommended.


ABSENT: Roberts

2.

SUBJECT:

DIRECT PREPARATION OF A REQUEST FOR PROPOSALS (RFP) FOR DEVELOPMENT OF COUNTY OPERATIONS CENTER ANNEX SITE AND POSSIBLE RELATED SITES IN KEARNY MESA (DISTRICT: 4)

OVERVIEW:

The County of San Diego owns the approximate 19.5-acre County Operations Center Annex property at the southeast corner of Ruffin Road and Clairemont Mesa Boulevard in the Kearny Mesa community of the City of San Diego. Offices for several County departments are located at the site. By today's standards this site is underdeveloped, and the facilities are nearing the end of their useful life. County operational needs coupled with the substantial development activity and escalating land values in Kearny Mesa, there is an ideal opportunity for a beneficial public-private partnership.

This action requests Board direction to the Department of General Services to develop a Request for Proposals (RFP) to solicit potential development entities with the experience and financial capability to successfully plan and redevelop the County Operations Center Annex property, and possibly the County Operations Center. Development of the site(s) may include a mix of private commercial/residential and governmental uses and will target revenue-generating possibilities through private development.

FISCAL IMPACT:

There is no immediate fiscal impact associated with this action. The County may receive future revenue from an eventual public-private partnership development.

RECOMMENDATION:

SUPERVISOR ROBERTS:

1. Direct and authorize the Chief Administrative Officer to develop a Request for Proposals (RFP) to solicit private sector interest in the redevelopment of the County Operations Center Annex property as a business/residential/governmental center, with possible components to include revenue-generating private development and an option for the redevelopment of the County Operations Center. Direct staff to return to the Board within 45 days with a RFP.

2. Find that the proposed action is exempt from the California Environmental Quality Act (CEQA) under Article 5, Section 15060(c)(3) of the State CEQA Guidelines because it is not a project as defined by Section 15378.

ACTION:

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


ABSENT: Roberts

3.

SUBJECT:

LA MESA BRANCH LIBRARY - MEMORANDUM OF UNDERSTANDING AND LIBRARY SERVICES AGREEMENT WITH THE CITY OF LA MESA (DISTRICT: 2)

OVERVIEW:

The County owns and operates the La Mesa branch library at 8055 University Avenue, La Mesa. The building is more than 40 years old and does not adequately meet the current and future needs of the community. On March 22, 2005 (4), the Board of Supervisors authorized the Director of the Department of General Services to enter into negotiations with the City of La Mesa for the transfer of the County Library parcel to the City. In exchange, the City will commit to provide new interim and permanent library facilities, all at no cost to the County. It is estimated that the interim library facility could be completed and ready for County occupancy within the next 18 months.

The City desires to acquire the existing library building (County Parcel Number 2005-0190-A) to accommodate construction of a new police station. The City proposes to relocate the existing branch library into a new, interim library facility until the City secures the necessary funding to build a new, permanent library. The Memorandum of Understanding provides the framework for the future transfer of the County parcel, design, and construction of new, City-owned, interim and permanent library facilities, and future library operations in the new facilities. The Board is requested today to consider and approve the Memorandum of Understanding and Library Services Agreement.

FISCAL IMPACT:

There is no fiscal impact as a result of this action in Fiscal Year 2005-06. When the County relocates to the interim site following transfer of the County parcel to the City, there would be a net annual cost reduction to the County of $65,000 (in 2005-06 dollars) for maintenance, utilities, and custodial services at the current La Mesa Branch Library. The City will assume responsibility for these costs at the interim and permanent library facilities. In return, the County will transfer ownership of the County parcel to the City, the estimated current market value of which is $750,000. The value of the County’s no-cost occupancy of the interim and permanent library facilities over the anticipated 40-year term of the Library Services Agreement far exceeds the current market value of the County parcel. If the County parcel is transferred to the City and the City fails to obtain the funding required to commence construction of the permanent library within 10 years, the City would pay the County the fair market value, as of the date of termination of the Memorandum of Understanding, of the County parcel. No additional staff years are required as a result of this action.

RECOMMENDATION:


1.Find that the proposed action is exempt from the California Environmental Quality Act (CEQA) under Article 5, Section 15060(c)(3) of the State CEQA Guidelines because it is not a project as defined by Section 15378.

2.Approve the Memorandum of Understanding Between the City of La Mesa and the County of San Diego Concerning the La Mesa Branch Library, and authorize the Clerk of the Board of Supervisors to execute two originals of the document, upon receipt.

3.Approve the Library Services Agreement between the City of La Mesa and the County of San Diego for the Provision of Library Services at Both an Interim and Permanent Library, and authorize the Clerk of the Board of Supervisors to execute two originals of the Agreement, upon receipt. This Agreement will become effective upon the County’s occupancy of the interim library facility.

ACTION:

ON MOTION of Supervisor Cox, seconded Supervisor Horn, the Board continued this item to October 18, 2005.


ABSENT: Roberts

4.

SUBJECT:


SALE OF SURPLUS PROPERTY TO THE PARKING AUTHORITY OF THE CITY OF NATIONAL CITY – 0.53-ACRE SURPLUS PARK PROPERTY – PLAZA BONITA ROAD, NATIONAL CITY (DISTRICT: 1)

OVERVIEW:

The Board is requested to approve the sale of a 0.53-acre County-owned parcel in the vicinity of Plaza Bonita Road, National City, adjacent to Plaza Bonita Shopping Center. The sales price is $230,000, which is supported by an independent appraisal. The City of National City has requested the purchase of this parcel located on the east side of Plaza Bonita Road to facilitate the south expansion of the Plaza Bonita Shopping Center. Funds from the sale will result in $230,000 current year revenue to the Department of Parks and Recreation.

FISCAL IMPACT:

If approved, this request will result in $230,000 in current year revenue to the Department of Parks and Recreation, no annual revenue, and the addition of no staff years.

BUSINESS IMPACT STATEMENT:

If this sale is consummated, an increase of business activity may be created by the south expansion of the Plaza Bonita Shopping Center.

RECOMMENDATION:


1. Find, in accordance with Article 19, Section 15312 of the California Environmental Quality Act (CEQA) Guidelines, that the proposed sale is categorically exempt, as it is a sale of surplus government property.

2. Declare County Parcel 2005-0180-A surplus to County needs.

3. Pursuant to Government Code Section 25365, find that County Parcel 2005-0180-A is not required for County use and approve the sale of this property to the Parking Authority of the City of National City for $230,000. (4 VOTES)

4. Pursuant to Government Code Section 6061, find that the Clerk of the Board has advertised the County’s Intent to Sell County Parcel 2005-0180-A.

5.Authorize the Director, Department of General Services, to perform all necessary actions to complete the sale, including the execution of escrow instructions and a Grant Deed.

ACTION:

Adding Recommendation 6 that the proceeds from the sale of this parcel be used for acquisition or capital projects within the Sweetwater Regional Park.

ON MOTION of Supervisor Jacob, seconded Supervisor Cox, the Board closed the Hearing and took action as recommended, on Consent.


ABSENT: Roberts

5.

SUBJECT:

APPROPRIATE TRUST FUNDS FOR THE NORTH COUNTY ANIMAL SHELTER (DISTRICT: 5)

OVERVIEW:

The Department of Animal Services has received various donations specifically earmarked to benefit the North County Animal Shelter in Carlsbad. These funds were deposited into the North County Animal Shelter Building Trust Fund until needs for the project were identified.

Phase 2 of the project for the new 25,000-square-foot animal shelter has been completed and staff and animals moved to the new facility in July 2005. Phase 3 of the project is underway, and additional appropriations of $110,000 are required. With the completion of the project, the North County Animal Shelter will enable the Department of Animal Services to provide improved services to the public, enhanced medical care for animals, and better adoption prospects for orphaned pets at this new location.

The department also received a $4,000 donation, which was specifically designated for a new Guinea Pig enclosure at the North County Animal Shelter and will cover half the cost of the enclosure. The balance of $4,000 will come from undesignated donations.

FISCAL IMPACT:

Funds for this request are not budgeted. Approval of this request will result in current year costs of $118,000 based on unanticipated revenue from donations, and will require no future year costs or increase in staff. There is no General Purpose Revenue impact.

Donations have been deposited in the North County Animal Shelter Building Trust Fund (61282/512715) pending approval of this request.

RECOMMENDATION:


1. Find that the Mitigated Negative Declaration (MND) dated August 25, 2003 and adopted by the City of Carlsbad City Council (Resolution No. 2003-287) on October 28, 2003 for Conditional Use Permit (CUP 03-21) for the animal shelter project was completed in compliance with CEQA and the CEQA Guidelines.

2. Find that there are no changes in the project or in the circumstances under which it is undertaken that involve significant new environmental impacts that were not considered in the previously adopted MND, or a substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since the MND was adopted.

3. Establish appropriations of $110,000 in the Capital Outlay Fund for Capital Project 1000072, North County Animal Shelter, based on revenue from the North County Animal Shelter Building Trust Fund. (4 VOTES)

4. Establish appropriations of $8,000 in the Department of Animal Services Minor Equipment Account based on based on revenue from the North County Animal Shelter Building Trust Fund. (4 VOTES)

ACTION:



ABSENT: Roberts

6.

SUBJECT:

SET HEARING FOR 10/18/05

DOWNTOWN BLOCK - ACQUISITION OF ASSESSOR’S PARCEL NUMBER 533-483-04, 05 (UNION STREET ASSOCIATES) AND APPROVAL OF PARKING LEASE AMENDMENT (DISTRICT: 1)

OVERVIEW:

On August 11, 1998 (22), the Board of Supervisors authorized the Department of General Services to enter into negotiations with the owners of the properties bounded by Union, State, B, and C streets in downtown San Diego. The County has subsequently acquired three of the four parcels that comprise this block, which is strategically located just north of the Hall of Justice and close to the Central Jail and could serve multiple County space needs in the downtown area.

The Board is requested today to set a hearing for October 18, 2005 to consider the approval of the Purchase and Sale Agreement for the acquisition of final parcel, Assessor’s Parcel Number 533-483-04, 05 from Union Street Associates for $3,500,000 and approve a lease amendment that incorporates the parcel into an existing lease between Five Star Parking and the County.

FISCAL IMPACT:

If approved, this proposal will result in a current year cost of $3,515,000 from the Justice Facility Construction Fund (Capital Project 1000181, Downtown Block acquisition), no annual cost, and no additional staff years. The current Five Star parking lease will be renegotiated and extended to include the new acquisition. The new annual net income from the parking lease will be $739,200, a $269,550 increase over the current lease. The lease payments will be deposited into the General Fund, Public Safety Group Executive Office as over-realized revenues.

RECOMMENDATION:


1. Direct the Clerk of the Board of Supervisors to publish the required Notice of Intention to Purchase for Assessor’s Parcel Number 533-483-04, 05, in accordance with Government Code Sections 25350 and 6063.

2. Set this matter for a hearing on October 18, 2005 at which time the Board may consummate the purchase of Assessor’s Parcel Number 533-483-04, 05 from Union Street Associates for $3,500,000.

At the October 18, 2005 hearing:

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

4. Approve the Purchase and Sale Agreement and Joint Escrow Instructions for the purchase of Assessor’s Parcel Number 533-483-04, 05 from Union Street Associates for $3,500,000 and direct the Clerk of the Board to execute two originals of the contracts, upon receipt.

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

6. Authorize the Director, Department of General Services to execute a lease amendment with Five Star Parking, upon receipt (4 VOTES).

ACTION:

ON MOTION of Supervisor Jacob, seconded Supervisor Cox, the Board took action as recommended, on Consent, setting Hearing for October 18, 2005 at 9:00 a.m.


ABSENT: Roberts

7.

SUBJECT:


SET HEARING FOR 03/14/06:

FISCAL YEAR 2006-07 STRATEGY AND 2004-05 PERFORMANCE REPORT FOR DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ENTITLEMENT PROGRAMS (DISTRICT: ALL)

OVERVIEW:

This public hearing is to consider and approve the proposed Fiscal Year 2006-07 Annual Funding Plan Strategy that provides broad direction for the use of Fiscal Year 2006-07 Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS Program funds. A second public hearing for consideration of the Fiscal Year 2006-07 Draft Annual Funding Plan is proposed for March 14, 2006. These federal programs provide funds for public infrastructure, revitalization of lower-income communities, and development of affordable housing for low-income residents and persons with special needs. The funds also serve children and families in need of temporary and long-term housing, including persons with HIV/AIDS. The Board of Supervisors’ approval of the attached Fiscal Year 2006-07 Annual Funding Plan Strategy will guide staff in development of the Annual Funding Plan and is the first major step in the Fiscal Year 2006-07 Annual Funding Plan schedule.

This is also an opportunity for the Board to receive public comment on the 2005 Consolidated Annual Performance and Evaluation Report that describes Fiscal Year 2004-05 accomplishments from the three entitlement programs: Community Development Block Grant, Home Investment Partnerships, and Emergency Shelter Grant programs; and other programs administered by the County Department of Housing and Community Development. All entitlement jurisdictions are required to annually submit this report to the U.S. Department of Housing and Urban Development (HUD). In addition, this year HUD has requested that a public hearing be held as part of the process in order to receive comments on the report.

FISCAL IMPACT:

Funds for this request will be included in the Housing and Community Development Fiscal Year 2006-07 Multiyear Projects Budget. The funding sources are Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS Programs. If approved, this request will result in no current year cost, no annual cost, and will not require additional staff years.

BUSINESS IMPACT STATEMENT:

The request will have a positive impact on the business community, as the recommended Strategy will guide the development of the Fiscal Year 2006-07 Annual Funding Plan, including funds for construction of housing and public improvements. The funded projects will be implemented by private construction firms selected through a competitive bid process.

RECOMMENDATION:


1. Hold this public hearing to receive public comment on the Fiscal Year 2006-07 Annual Funding Plan Strategy and the Fiscal Year 2004-05 Consolidated Annual Performance and Evaluation Report.

2. Approve the proposed Fiscal Year 2006-07 Annual Funding Plan Strategy that provides broad direction for the use of Fiscal Year 2006-07 Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS Program funds.

3. Direct staff to prepare, and return to the Board, a proposed Fiscal Year 2006-07 Draft Annual Funding Plan for the Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS Programs.

4. Set a Board of Supervisors’ public hearing on March 14, 2006 to consider the Fiscal Year 2006-07 Draft Annual Funding Plan for use of Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS Program funds.

5. Authorize the Clerk of the Board of Supervisors to adjust the March 14, 2006 hearing date, if required, to comply with the 2006 Board of Supervisors’ meeting schedule.

ACTION:

ON MOTION of Supervisor Jacob, seconded Supervisor Cox, the Board took action as recommended, on Consent, setting Hearing for March 14, 2006 at 9:00 a.m.


ABSENT: Roberts

8.

SUBJECT:

CHILD ABUSE PREVENTION, INTERVENTION AND TREATMENT, COMMUNITY BASED CHILD ABUSE PREVENTION, AND PROMOTING SAFE AND STABLE FAMILIES PROGRAMS THREE-YEAR PLAN FOR FISCAL YEARS 2005 - 2008 (DISTRICT: ALL)

OVERVIEW:

The County of San Diego receives State funding from the Child Abuse Prevention, Intervention and Treatment program, the federally funded Community Based Child Abuse Prevention program, and the federally funded Promoting Safe and Stable Families program. Counties must apply to the State for funding and provide services based on a three-year plan. The Board approved the current funding agreement on February 26, 2002 (5). Accordingly, the Commission on Children, Youth and Families completed a comprehensive planning process to develop a proposed plan and application that meets all relevant State requirements. On February 10, 2004 (6), the Board approved the competitive solicitation for the Community Services for Families contracts, resulting in the implementation of a new service delivery model developed through a three-year planning process.

Effective with the new three-year funding cycle beginning on July 1, 2005, the California Department of Social Services, Office of Child Abuse Prevention requires counties to submit a three-year plan and application for funding under these programs. This item requests that the Board of Supervisors adopt a resolution approving the proposed Three-Year Child Abuse Prevention, Intervention and Treatment; Community Based Child Abuse Prevention; and Promoting Safe and Stable Families Programs Plan and Application for submission to the State, which will result in approximately $3,626,495 in annual revenue for three years from July 1, 2005 through June 30, 2008, for programs to protect children from abuse and neglect.

FISCAL IMPACT:

Funds are included in the FY 05-06 Operational Plan. The funding sources are Promoting Safe and Stable Families (PSSF), Child Abuse Prevention, Intervention and Treatment (CAPIT), and Community Based Child Abuse Prevention (CBCAP). If approved, the request will result in revenue of approximately $3,626,495 in FY 05-06, and subsequent years FY 06-07 and 07-08. There will be no change in net General Fund cost and no additional staff years.

RECOMMENDATION:


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

2. Adopt a resolution titled “County of San Diego Three-Year Plan and Application for the Child Abuse Prevention, Intervention and Treatment, Community Based Child Abuse Prevention and Promoting Safe and Stable Families Programs,” and authorize the Health and Human Services Agency to submit the plan and application to the California Department of Social Services, Office of Child Abuse Prevention.

ACTION:

ON MOTION of Supervisor Jacob, seconded Supervisor Cox, the Board took action as recommended, on Consent, adopting Resolution No. 05-174 entitled: COUNTY OF SAN DIEGO THREE-YEAR PLAN AND APPLICATION FOR THE CHILD ABUSE PREVENTION, INTERVENTION AND TREATMENT, COMMUNITY BASED CHILD ABUSE PREVENTION, AND PROMOTING SAFE AND STABLE FAMILIES PROGRAMS.


ABSENT: Roberts

9.

SUBJECT:

PROCUREMENT OF MENTAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION (ASO) (DISTRICT: ALL)

OVERVIEW:

As authorized by the Board on September 16, 1997 (56), and December 12, 2000 (4), the County of San Diego competitively procured contracts with United Behavioral Health (UBH) to be the Administrative Services Organization (ASO) that provides mental health clinical management and administrative services. The current contract includes a 24-hour toll free Access and Crisis Line for crisis intervention, mental health screening and information and referral; authorization of reimbursement for designated mental health services based on medical necessity determinations; management of an individual fee-for-service provider network, including credentialing providers and payment of claims; support for the Mental Health Management Information System (MIS), InSyst; and billing services to Short-Doyle/Medi-Cal and other payers. UBH’s current contract is due to expire on June 30, 2006.

On July 12, 2005 (4), the Board approved the competitive procurement of a new MIS for Mental Health Services. The transition to a new system is expected to occur approximately by July 2007. Under the current ASO contract, UBH provides support for the MIS. A one-year sole source extension of the County’s contract with UBH, through June 30, 2007, is recommended to avoid a disruption in support services during the transition to the new MIS.

Today’s action will also authorize the Director of Purchasing and Contracting to issue a competitive procurement for an ASO for Mental Health Services, to be effective July 1, 2007, for four years with two option years.

FISCAL IMPACT:

Funds for the ASO contract are included in the Fiscal Year 2006-2007 approved Operational Plan in the amount of $9,360,000. The funding sources are Mental Health Realignment ($5,616,000) and Short/Doyle Medi-Cal FFP ($3,744,000). It is anticipated that the new contract that is scheduled to begin in Fiscal Year 2007-2008 will be in the amount of $9,734,000, with the funding sources being Mental Health Realignment ($5,840,400) and Short/Doyle Medi-Cal FFP ($3,893,600). If approved, this request will result in no change in net General Fund cost and will not require additional staff years.

RECOMMENDATION:


1. In accordance with Section 401 et seq, of the County Administrative Code authorize the Director, Department of Purchasing and Contracting to issue a Competitive Solicitation for an administrative services organization, and upon successful negotiations and determination of a fair and reasonable price, award contract for a term of four years, with two option years and up to an additional six months if needed, and to amend the contract as needed to reflect changes to services and funding, subject to approval of the Director, Health and Human Services Agency.

2. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Department of Purchasing and Contracting to enter into negotiations with United Behavioral Health (Contract No. 45234); and subject to successful negotiations and determination of a fair and reasonable price, award a contract for administrative services for one additional option year through June 30, 2007, and an additional six months if needed, and to amend the contract as needed to reflect changes to services and funding, subject to approval of the Director of the Health and Human Services Agency. Waive the advertising requirement of Board Policy A-87.

ACTION:



ABSENT: Roberts

10.

SUBJECT:

ENSURING FOOD STAMP PAYMENT ACCURACY

(DISTRICT: ALL)

OVERVIEW:

The County of San Diego Health and Human Services Agency (HHSA) is committed to the highest levels of program integrity and accuracy in the delivery of State and federally mandated public assistance programs. The Food Stamp program is a federal nutritional benefit program that is monitored by the State for accuracy in eligibility determinations. The County of San Diego provides Food Stamp assistance to about 27,000 households.

In June 2006, the County of San Diego will join other California counties in the implementation of a new interactive welfare (CalWIN) database, which will change the way in which public assistance eligibility is determined. HHSA is committed to maintaining the Food Stamp accuracy rate within acceptable federal levels in order to meet State targets during and after implementation of the new system. To meet this goal, today’s action would authorize the competitive procurement of consultant services to provide an independent, objective review of current processes and recommend strategies to prepare for CalWIN implementation.

An independent consultant will assess local practices and deliver a report with an action plan for maintaining a high level of Food Stamp accuracy. The County’s Food Stamp accuracy program is focused on maintaining integrity and compliance with State and federal rules, ensuring that taxpayer dollars are spent appropriately, and assuring that eligible low income and working poor families receive the correct amount of benefits. Fraud Incentive funds are available to fund these services, which are estimated at up to $180,000.

FISCAL IMPACT:

Funds for this request are included in the Operational Plan for Fiscal Year 2005-07. If approved, this request will result in costs and revenue of up to $180,000 in Fiscal Year 2005-06. The funding source is Fraud Incentive Funds. There will be no net General Fund impact and no additional staff years.

RECOMMENDATION:


In accordance with Section 401 et seq. of the County Administrative Code authorize the Director, Department of Purchasing and Contracting to issue a Competitive Solicitation for the Food Stamp Accuracy Initiative Consultant Services, and subject to successful negotiations and determination of a fair and reasonable price, award a contract and to amend the contract as needed to reflect changes to services and funding, subject to approval of the Director of Health and Human Services.

ACTION:



ABSENT: Roberts

11.

SUBJECT:

HIV VIRAL LOAD TESTING REVENUE AGREEMENT (DISTRICT: ALL)

OVERVIEW:

The County of San Diego’s Public Health Laboratory is one of the regional labs selected by the State to perform Human Immunodeficiency Virus (HIV) Viral Load Testing. This test is performed to determine the appropriate use of medications for HIV-infected patients. The State reimburses the County for these services through a revenue agreement.

On April 20, 1999 (16), the Board of Supervisors authorized the Clerk of the Board to execute a revenue agreement with the State Department of Health Services for HIV Viral Load Testing and that staff return to the Board if there are any substantive changes to the program or funding level. This action will ratify the revenue agreement with the State for the period of July 1, 2005 through June 30, 2008 in the amount of $350,000 annually, which represents a 20 percent reduction in the contract amount from the prior contract period due to a decrease in available State funding for HIV Viral Load Testing. This funding reduction will not negatively impact the current program as other HIV/AIDS related funding sources are available to cover testing costs.

FISCAL IMPACT:

Funds for this proposal are included in the FY 2005-2007 Operational Plan. If approved, this request will result in FY 2005-2006 and subsequent year costs and revenue of $350,000 from the State Department of Health Services. There will be no change in net General Fund costs and no additional staff years.

RECOMMENDATION:


Ratify and authorize the Clerk of the Board of Supervisors to execute the Revenue Agreement with State Department of Health Services in the amount of $1,050,000 for a three year period of July 1, 2005 through June 30, 2008, and to execute subsequent amendments, extensions or renewals of the revenue agreements that do not materially impact or alter the grant program or the funding level.

ACTION:



ABSENT: Roberts

12.

SUBJECT:

SHERIFF’S DEPARTMENT REQUEST FOR THE PROCUREMENT OF HELICOPTER PARTS (DISTRICT: ALL)

OVERVIEW:

On July 13, 2004 (2 & 3), the Board authorized the purchase of fire and life safety helicopters and assigned the operational control to the Sheriff. On June 27, 2005 the Sheriff’s Department took delivery of two Bell 205 A-1 helicopters. These helicopters are fully certified by the Federal Aviation Administration and are classified as utility aircraft. This certification allows the Bell helicopters to perform missions other Sheriff’s helicopters are not allowed to such as performing complex rescues using a hoist.

These new medium lift helicopters will require ongoing routine maintenance and on occasion, repairs from unforeseen damage. Only Bell Textron manufactured parts are authorized for use in these certificated helicopters. Use of any other parts may void the certification.

This is a request for the sole source procurement of helicopter parts and components from Bell Textron or a Bell Customer Service Facility.

FISCAL IMPACT:

Funds for this request are budgeted. The funding source is general purpose revenues budgeted within the Sheriff’s Fiscal Year 2005-06 Operational Plan. If approved, this request will result in up to $500,000 in current year costs and up to $500,000 in annual costs and will require zero additional staff years.

RECOMMENDATION:

SHERIFF

1. Waive the advertising and competitive procurement requirements 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 Bell Textron; and subject to successful negotiations and determination of a fair and reasonable price, award a contract for Bell Helicopter parts and components for a five-year period.

ACTION:



ABSENT: Roberts

13.

SUBJECT:

SHERIFF’S DEPARTMENT LAW ENFORCEMENT SERVICES WITH THE IMPERIAL COUNTY SHERIFF’S DEPARTMENT (DISTRICT: ALL)

OVERVIEW:

This is a request to approve a three year Memorandum of Agreement (MOA), effective July 1, 2005 through June 30, 2008 for law enforcement services to be provided by the San Diego County Sheriff’s Department to the Imperial County Sheriff’s Department. The proposed agreement will provide supplemental law enforcement services during specified holiday weekends to achieve a safer environment in and around the Imperial Sand Dunes Recreation Areas. The services requested include but are not limited to, patrolling, arresting, transporting, radio dispatching and other law enforcement-related activities and operations that cannot be rendered by the local law enforcement agency due to limited resources.

Imperial County has approved funding for this agreement for the period July 1, 2005 through June 30, 2006 for the dates of October 28-29, November 24-26, 2005, January 1, and February 17-19, 2006.

FISCAL IMPACT:

Funds for this request are not budgeted. The funding source is unanticipated revenue from Imperial County Sheriff’s Department. If approved, this request will result in current year costs of approximately $204,100 and unanticipated revenue of approximately $231,000, consisting of $129,000 in salary and benefits, and $75,100 in service and supplies. The remaining current year revenue of $26,900 will be used to offset overhead costs. If approved, this request will require the addition of zero staff years.

RECOMMENDATION:

SHERIFF

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

2. Approve and authorize the Clerk of the Board to accept and execute, upon receipt, the Memorandum of Agreement between San Diego County Sheriff’s Department and Imperial County Sheriff’s Department for the period July 1, 2005 through June 30, 2008.

3. Authorize the Sheriff to execute any extensions, amendments, and/or revisions thereof that do not materially impact or alter either the program or funding level.

4. Establish appropriations of $231,000 in the Sheriff’s Department to provide supplemental law enforcement services to Imperial County Sheriff’s Department, based on unanticipated revenue from Imperial County Sheriff’s Dept. (4 VOTES)

ACTION:



ABSENT: Roberts

14.

SUBJECT:

SHERIFF APPROVAL OF 800 MHZ REGIONAL COMMUNICATIONS SYSTEM (RCS) AGREEMENT WITH MIRACOSTA COMMUNITY COLLEGE (MCCC) DISTRICT (DISTRICT: ALL)

OVERVIEW:

At the direction of the Regional Communications System (RCS) Board of Directors, an agreement has been developed to formalize the use of the RCS network by MiraCosta Community College (MCCC) District. The RCS Board of Directors requests Board of Supervisors approval of the agreement. MCCC District agrees to make a one payment of $81,000 for participating in the RCS and agrees to pay on-going annual network operating costs (NOC) of approximately $5,724 beginning in Fiscal Year 2005-2006. The one-time payment will allow the MCCC District to add eighteen radios at $4,500 per radio to the network.

FISCAL IMPACT:

Funds for this request are not budgeted. The funding source is revenue from the Mira Costa Community College District. If approved, this request will result in one time revenue of $81,000 to the RCS Trust Fund in Fiscal Year 2005-06, and annual costs and revenue of $5,724 within the Sheriff’s Department for RCS Network Operating Costs. If approved, this request will require the addition of zero staff years.

RECOMMENDATION:

SHERIFF


2. Approve the agreement between MCCC District and the RCS effective July 1, 2005, and authorize the Clerk of the Board to accept and execute, upon receipt, the Agreement between MiraCosta Community College District and the County of San Diego.

3. Establish appropriations of $5,724 in the Sheriff’s Department for the RCS network maintenance based on revenue from MCCC District. (4 VOTES)

4. Authorize the deposit of $81,000 in the RCS Trust Fund, which represents the amount to be paid by MCCC District for eighteen (18) radios at $4,500 per radio for participating in the RCS to help offset future network enhancement costs.

ACTION:



ABSENT: Roberts

15.

SUBJECT:

SHERIFF’S DEPARTMENT LAW ENFORCEMENT AGREEMENT WITH THE PALA BAND OF MISSION INDIANS (DISTRICT: 5)

OVERVIEW:

Currently there are two separate agreements between the County and the Pala Band of Mission Indians (“PBMI”) for law enforcement services, each providing for PBMI to pay for one deputy assigned as a Special Purpose Officer (“SPO”). One earlier-executed agreement expires October 31, 2005, the later agreement expires on Nov. 30, 2007. This is a request to amend the later agreement to provide for both SPOs upon the expiration of the earlier agreement, satisfying PBMI’s approval to pay for two SPOs and allowing for consolidation into one agreement.

FISCAL IMPACT:

Funds for this request are budgeted. The funding source is revenue from PBMI. If approved, this request will result in estimated current year operating costs of $120,600 and revenue of $145,400 comprised of salaries and benefits of $87,400, services and supplies of $33,200; and subsequent year costs of $151,900 and revenue of $190,400. The remaining current year revenue of $24,800 and subsequent year revenue of $38,500 will be used to offset overhead costs. Cost and revenue amounts will be adjusted for negotiated salary increases, other cost adjustments or services level changes. If approved, this request will require the addition of zero staff years.

RECOMMENDATION:

SHERIFF

1. Approve and authorize the Clerk of the Board to accept and execute, upon receipt, the amended agreement between the County of San Diego and the Pala Band of Mission Indians for a Special Purpose Officer to provide law enforcement services covering the agreement period of November 1, 2005 through November 30, 2007.

2. Authorize the Sheriff to execute any amendments, and/or revisions due to changes in service level that do not materially impact or alter either the program or funding level.

ACTION:



ABSENT: Roberts

16.

SUBJECT:

SHERIFF’S REQUEST FOR PROPOSAL FOR CIVIL ACCOUNTING SYSTEM (DISTRICT: ALL)

OVERVIEW:

The Sheriff currently operates and maintains the Civil Law Enforcement System (CLES). This former Marshal’s system processes fees for Sheriff’s services, tracks the collection and distribution of monies and property from civil cases and provides financial information such as fines and penalties to courts, attorneys and other involved parties. On average, CLES produces 8,000 warrants per month and processes approximately $20,000,000 worth of transactions annually.

The CLES System is 20 years old, has reached the end of its useful life and no longer meets the needs of the Sheriff’s Department. For example, state law requires that interest on money being held for citizens be calculated daily which CLES cannot do.

The Sheriff’s Department needs to replace CLES with a new Windows-based Civil Accounting System. This is a request to authorize the issuance of a competitive solicitation for a new Civil Accounting System and to establish appropriations for its purchase based on funds available in the Sheriff's Civil Automation Trust Fund.

FISCAL IMPACT:

Funds for this request are not budgeted. The funding source is revenue from the Sheriff’s Civil Automation Trust Fund. If approved, this request will result in estimated cost and revenue of $314,000 and subsequent annual costs and revenue of $31,000 and will require no additional staff years.

RECOMMENDATION:

SHERIFF


2. Establish appropriations of $314,000 in the Sheriff's Department to provide for purchasing of the Civil Accounting System software and services based on revenue from the Sheriff's Civil Automation Trust Fund. (4 VOTES)

3. In accordance with Section 401, et seq of the County Administrative code, authorize the Director of the Department of Purchasing and Contracting to issue a competitive solicitation for a Civil Accounting System including ongoing system maintenance and upon successful negotiations and determination of a fair and reasonable price, award a contract for the purchase of a Civil Accounting System with the option for maintenance, and to amend the contract as needed to reflect changes to services and funding, subject to approval of the Sheriff.

ACTION:



ABSENT: Roberts

17.

SUBJECT:


SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: ADDING ARTICLE 22, COMMENCING WITH SECTION 72.400, TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO CERTAIN PRIVATELY OWNED AND MAINTAINED ROADS THAT WILL BE SUBJECT TO THE VEHICLE CODE (DISTRICT: ALL)

OVERVIEW:

On August 2, 2005 (8), the Board of Supervisors introduced Ordinance for further consideration and adoption on September 20, 2005.

RECOMMENDATION:


Adopt Ordinance entitled:

AN ORDINANCE ADDING ARTICLE 22, COMMENCING WITH SECTION 72.400, TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO CERTAIN PRIVATELY OWNED AND MAINTAINED ROADS THAT WILL BE SUBJECT TO THE VEHICLE CODE

ACTION:

ON MOTION of Supervisor Jacob, seconded Supervisor Cox, the Board took action as recommended, on Consent, adopting Ordinance No. 9732 (New Series) entitled: AN ORDINANCE ADDING ARTICLE 22, COMMENCING WITH SECTION 72,400, TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO CERTAIN PRIVATELY OWNED AND MAINTAINED ROADS THAT WILL BE SUBJECT TO THE VEHICLE CODE.


ABSENT: Roberts

18.

SUBJECT:


(DISTRICT: 5)

OVERVIEW:

Community Projects Funding assists non-profit organizations in providing essential services to citizens of San Diego County. Reinvesting taxpayer money in these worthwhile organizations is a benefit to the children and all the communities of North County.

FISCAL IMPACT:

N/A

RECOMMENDATION:

VICE CHAIRMAN HORN:

1. Allocate $15,000.00 from Community Projects Budget (15670) to Kids Korps USA for new computer and phone systems.

2. Find that the allocations for items 3, 4, 6 and 19 below are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301.

3. Allocate $13,000.00 from Community Projects Budget (15670) to Veterans of Foreign Wars Post No. 1924 for flooring and parking lot repairs.

4. Allocate $3,500.00 from Community Projects Budget (15670) to the Pauma Valley Community Association for baseball field improvements.

5. Allocate $3,500.00 from Community Projects Budget (15670) to the Tierra Miguel Foundation to purchase a tractor and agricultural equipment.

6. Transfer appropriations of $20,000.00 from the District 5 Community Projects budget (15670) to Contributions to Major Maintenance, Operating Transfer Out, for restroom renovations at Adams Park in Valley Center.

7. Amend the spending plan for the Department of General Services Major Maintenance ISF by $20,000 for restroom renovations at Adams Park in Valley Center, based on an Operating Transfer In from the General Fund.

8. Allocate $25,000.00 from Community Projects Budget (15670) to Casa de Amparo for building costs associated with relocating the Child Development Center.

9. Allocate $6,477.00 from Community Projects Budget (15670) to the Warner Community Resource Center for signage, displays, a printer, and newsletter postage.

10. Allocate $79,000.00 from Community Projects Budget (15670) to Mainly Mozart for the All-Mozart Children’s Concert at the Escondido Center for the Arts, Mozart Birthday Weekend Street Fair in Fallbrook and Mozartthemed educational programs including 50 performances in schools.

11. Allocate $100,000.00 from Community Projects Budget (15670) to the Boys & Girls Club of Carlsbad for its capital campaign for a new building and facilities in Carlsbad.

12. Allocate $20,000.00 from Community Projects Budget (15670) to the Carlsbad Chamber of Commerce to help with the costs for construction of a new Small Business Success Center.

13. Allocate $16,716.00 from Community Projects Budget (15670) to SCORE for new computers and computer supplies.

14. Allocate $35,000.00 from Community Projects Budget (15670) to the Borrego Springs Chamber of Commerce for costs associated with sponsoring the following three community festivals: The Borrego Days & Parade Festival (October 2005), The Grapefruit/Spring Fest (March 2006) and Cinco de Mayo (May 2006).

15. Allocate $2,000.00 from Community Projects Budget (15670) to the National Ten Point Leadership Foundation for travel expenses for Eugene Rivers to attend the North County Alliance to Stop Gang Violence Summit.

16. Authorize the Chief Financial Officer to execute a grant agreement with the organizations listed above, establishing terms for receipt of the funds described above.

17. Authorize the Boys & Girls Club of Oceanside to spend $8,338.00 in previously allocated Community Project Funds for facility improvements at The Junior Seau Teen Center.

18. Authorize the Chief Financial Officer to amend the grant agreement with the Boys & Girls Club of Oceanside to change the purpose of the grant as set forth in Recommendation 17 above.

19. Replace the allocation of FY 2004-2005 Community Project grant funds with FY 2005-2006 grant funds for the following organizations: Camp Pendleton Armed Services YMCA ($10,000.00), Faith Based Community Development Corporation ($100,000.00), Old Globe Theater ($5,000.00), and Vista Fire Protection District ($10,000.00).

20. Find that these grant awards have a public purpose.

ACTION:



ABSENT: Roberts

19.

SUBJECT:


APPROVAL OF THE FINANCING DOCUMENTS FOR THE SIDNEY KIMMEL CANCER CENTER (DISTRICT: 3)

OVERVIEW:

The Sidney Kimmel Cancer Center (the “Center”) has submitted an application to the County for consideration as the conduit issuer of approximately $24.5 million of variable rate demand notes (the “Notes”). The proceeds of the Notes would benefit the Sidney Kimmel Cancer Center in constructing a new center on land it owns adjacent to its current leased facility.

The actions being requested today include the approval of the financing for the purposes of satisfying the public approval required under Section 147(f) of the Internal Revenue Code and approval of the resolution to issue tax exempt obligations through the County of San Diego. The repayment of these bonds is the sole responsibility of the borrower and all legal documents have been carefully reviewed for inclusion of indemnity and hold harmless provision for the County of San Diego.

The County has been a conduit issuer for other qualified entities such as the San Diego Natural History Museum, The Salk Institute, and Chabad Hebrew Academy to name a few.

FISCAL IMPACT:

If approved, this proposal will result in a one-time $1,500 application fee and an annual fee of $500 - $5,000. The annual amount is calculated based upon the principal amount outstanding. These monies will be deposited into the County’s Investor Relation Program as approved by the Board of Supervisors in the County’s Long-Term Financial Obligation Management Policy (B-65). No additional staff years will be required.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER AND DEBT ADVISORY COMMITTEE

Pursuant to section 147(f) of the Internal Revenue Code, hold a public hearing regarding the financing of the project.

Adopt the resolution approving the tax-exempt financing by the County of San Diego to issue up to $24.5 million of variable rate demand notes for the benefit of the Sidney Kimmel Cancer Center.

ACTION:

ON MOTION of Supervisor Jacob, seconded Supervisor Cox, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 05-175 entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING THE ISSUANCE, EXECUTION AND DELIVERY OF A TRUST AGREEMENT, AN INSTALLMENT SALE AGREEMENT, AND INSTALLMENT PURCHASE AGREEMENT WITH A PRICE NOT TO EXCEED $24,500,000 (AND THE EXECUTION, DELIVERY AND SALE OF CERTIFICATES OF PARTICIPATION WITH RESPECT THERETO) AND A CERTIFICATE PURCHASE AGREEMENT TO FINANCE AND REFINANCE THE CONSTRUCTION, ACQUISITION, FURNISHING AND EQUIPPING OF CERTAIN FACILITIES OF THE SIDNEY KIMMEL CANCER CENTER AND OTHER MATTERS RELATING THERETO.


ABSENT: Roberts

20.

SUBJECT:

TRANSFER OF TERRITORY BETWEEN SAN MARCOS UNIFIED AND ENCINITAS UNION SCHOOL DISTRICTS (DISTRICT 5)

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 Marcos Unified and Encinitas Union School Districts have been approved by their respective Boards, as well as the San Diego County Board of Education, following public hearings and have been transmitted for your approval.

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.

RECOMMENDATION:


Adopt the resolution ordering Transfer of Territory from the San Marcos Unified to the Encinitas Union School District.

ACTION:

ON MOTION of Supervisor Jacob, seconded Supervisor Cox, the Board took action as recommended, on Consent, adopting Resolution No. 05-176 entitled: TRANSFER OF TERRITORY FROM SAN MARCOS UNIFIED SCHOOL DISTRICT TO ENCINITAS UNION SCHOOL DISTRICT.


ABSENT: Roberts

21.

SUBJECT:

TRANSFER OF TERRITORY BETWEEN SAN MARCOS UNIFIED AND VISTA UNIFIED SCHOOL DISTRICTS (DISTRICT 5)

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 Marcos Unified and Vista Unified School Districts have been approved by their respective Boards, as well as the San Diego County Board of Education, following public hearings and have been transmitted for your review and approval.

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.

RECOMMENDATION:


Adopt the resolution ordering Transfer of Territory between the San Marcos Unified and Vista Unified School Districts.

ACTION:

ON MOTION of Supervisor Jacob, seconded Supervisor Cox, the Board took action as recommended, on Consent, adopting Resolution No. 05-177 entitled: TRANSFER OF TERRITORY BETWEEN SAN MARCOS UNIFIED SCHOOL DISTRICT AND VISTA UNIFIED SCHOOL DISTRICT.


ABSENT: Roberts

22.

SUBJECT:

CSAC-EXCESS INSURANCE AUTHORITY AMENDMENT (DISTRICT: ALL)

OVERVIEW:

The County, along with fifty-three other counties, is a member of the CSAC Excess Insurance Authority (CSAC-EIA). Your Board is requested to approve an amendment to the joint powers authority agreement. The amendment would enable nonprofit organizations, which meet certain criteria, to continue purchasing insurance through CSAC-EIA. The amendment is necessary as CSAC-EIA legal counsel has determined that the definition of public agency, as currently described in the joint powers agreement, does not include nonprofit agencies. The amendment will only be enacted if approved by a majority (36) of the counties in the CSAC-EIA.

FISCAL IMPACT:

N/A

RECOMMENDATION:


Authorize the Clerk of the Board to execute the proposed amendment to Article 3(b), (c), (d) and (e) of the CSAC Excess Insurance Authority Joint Powers Agreement related to insurance coverage of nonprofit agencies.

ACTION:



ABSENT: Roberts

23.

SUBJECT:

AMENDMENTS TO THE COMPENSATION ORDINANCE, ADMINISTRATIVE CODE AND CIVIL SERVICE RULES (DISTRICT: ALL)

OVERVIEW:

This action 1) amends the Compensation Ordinance. The proposed amendments to the San Diego County Compensation Ordinance are part of the ongoing effort to manage and maintain a skilled and competent workforce dedicated to sustaining operational excellence and serving the public. These amendments include: establishing and renaming classifications to reflect organizational changes, designating a classifications as “Terminal”, deleting obsolete classifications, adjusting salaries in selected classifications to reflect the job market, amending the variable entry code for a specified classification, and amending sections of the Compensation Ordinance. 2) amends the Administrative Code regarding Automobile Allowance by adding/deleting job codes from the list of eligible classes; and 3) revises the Civil Service Rules.

The updated Civil Service Rules include non-substantive changes that reflect current law and structure and practice of the County. The revisions were distributed and reviewed by all employee organizations and approved by the Civil Service Commission on August 3, 2005.

FISCAL IMPACT:

Funds for these recommendations are included in the 2005-2006 budget.

RECOMMENDATION:


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

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE AND ESTABLISHING COMPENSATION.

AN ORDINANCE AMENDING THE ADMINISTRATIVE CODE, SECTION 496, RELATING TO AUTOMOBILE ALLOWANCE.

Submit ordinances for further Board consideration and adoption (second reading) on September 27, 2005.

2. Adopt revised Civil Service Rules (MAJORITY VOTE).

ACTION:

ON MOTION of Supervisor Jacob, seconded Supervisor Cox, the Board took action as recommended, on Consent and introduced Ordinances for further Board consideration and adoption on September 27, 2005.


ABSENT: Roberts

24.

SUBJECT:

FISCAL YEAR 2005/06 APPROPRIATION LIMIT FOR THE COUNTY FAMILY OF FUNDS (DISTRICT: ALL)

OVERVIEW:

Your Board annually adopts the Appropriation Limit for the County of San Diego Family of Funds, pursuant to Article XIII B of the California Constitution. This action requests approval of the County’s Appropriation Limit for Fiscal Year 2005/06. The Appropriations Limit is calculated to be approximately $3.3 billion for the 2005/06 fiscal year. The County is substantially under that limit, having only about $877 million in 2005/06 fiscal year that is subject to the limit.

FISCAL IMPACT:

The recommended action has no fiscal impact.

RECOMMENDATION:


Adopt the resolution that establishes the Appropriation Limit for the County of San Diego for Fiscal Year 2005/06.

ACTION:

ON MOTION of Supervisor Jacob, seconded Supervisor Cox, the Board took action as recommended, on Consent, adopting Resolution No. 05-178 entitled: RESOLUTION ADOPTING APPROPRIATION LIMIT FOR COUNTY OF SAN DIEGO FOR FISCAL YEAR 2005/06.


ABSENT: Roberts

25.

SUBJECT:

SAN DIEGO COMMUNITY COLLEGE DISTRICT, GENERAL OBLIGATION BONDS, ELECTION OF 2002, SERIES 2005 (DISTRICT: ALL)

OVERVIEW:

On November 5, 2002, an election was held of the registered voters of the San Diego Community College District (the “District”) at which more than 55 percent of the persons voting on the proposition voted to authorize the issuance and sale of $685,000,000 principal amount of general obligation bonds.

The Board of Trustees of the District request the issuance of the second series of bonds in an aggregate principal amount not to exceed $245,000,000 to be referred to as the “San Diego Community College District General Obligation Bonds Election of 2002, Series 2005” (the “Bonds”). After the issuance of the Bonds, there will be $335,000,000 remaining unissued bonds. The first series of bonds were issued in April, 2003 in the aggregate principal amount of $105,000,000.

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:

CHIEF ADMINISTRATIVE OFFICER AND DEBT ADVISORY COMMITTEE

Adopt the resolution authorizing the issuance and sale of San Diego Community College District, San Diego County, California General Obligation Bonds, Election of 2002, Series 2005, in an aggregate principal amount of not to exceed $245,000,000.

ACTION:

ON MOTION of Supervisor Jacob, seconded Supervisor Cox, the Board took action as recommended, on Consent, adopting Resolution No. 05-179 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF SAN DIEGO COMMUNITY COLLEGE DISTRICT GENERAL OBLIGATION BONDS, ELECTION OF 2002, SERIES 2005, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $245,000,000.


ABSENT: Roberts

26.

SUBJECT:


CONFLICT OF INTEREST CODE: STUDENT SUCCESS PROGRAM DBA CHARTER SCHOOL OF SAN DIEGO (DISTRICT: ALL)

OVERVIEW:

The Board of Supervisors serves as the Code Reviewing Body for any Local Government Agency, other than cities, with jurisdiction wholly within the County, per Government Code Section 82011. The recommended action would approve the adopted Conflict of Interest Code submitted by Student Success Program dba Charter School of San Diego.

FISCAL IMPACT:

None.

RECOMMENDATION:


Approve the adopted Conflict of Interest Codes submitted by Student Success Program dba Charter School of San Diego.

ACTION:

ON MOTION of Supervisor Jacob, seconded Supervisor Cox, the Board closed the Hearing and took action as recommended, on Consent


ABSENT: Roberts

27.

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:

GOTOBUTTON Note and file.

ACTION:



ABSENT: Roberts

28.

SUBJECT:


APPOINTMENTS (DISTRICT: ALL)

OVERVIEW:

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

FISCAL IMPACT:

N/A

RECOMMENDATION:

CHAIRWOMAN SLATER-PRICE:

Appoint Nancy Macklem to fill a vacancy on the Area Board XIII-State Council on Developmental Disabilities, with a term to expire December 31, 2007.

VICE CHAIRMAN HORN:

Appoint Maurice Cloutier to fill vacancy in Seat No. 12 of the Valley Center Community Planning Group with a term to expire January 8, 2007.

Appoint Susan Moore to fill vacancy in Seat No. 2 on the Valley Center Design Review Board with a term to expire March 24, 2009.

Appoint Robert Blakeney to fill vacancy in Seat No. 5 of the San Dieguito Community Planning Group with a term to expire January 5, 2009.

Appoint Nicholas Christenfeld to Seat No. 9 of the San Dieguito Community Planning Group with a term to expire January 5, 2009.

SUPERVISOR JACOB:

Appoint Mary Meadows-Pitt to fill the vacancy on the Emergency Medical Care Committee as the Public Member Representative with a term to expire January 6, 2006.

Appoint James Salvatore as a member of the Ramona Design Review Board with a term to expire September 16, 2008.

Re-appoint James Cooper as a member of the Ramona Design Review Board with a term to expire September 16, 2008.

Re-appoint Carole Wylie as a member of the Ramona Design Review Board with a term to expire September 16, 2008.

Re-appoint Catherine Wallace Bailes as a member of the Committee for Persons with Disabilities with a term to expire January 5, 2009.

Appoint Henk Tysma as a member of the Alpine Design Review Board with a term to expire January 5, 2009.


Appoint Walter D. Hofmann, M.D. to fill the vacancy on the Past Grand Jurors Association Implementation Review Committee with a term to expire December 31, 2006.

ACTION:



ABSENT: Roberts

29.

SUBJECT:

RATIFY PROCLAMATION OF LOCAL EMERGENCY

(DISTRICT: ALL)

OVERVIEW:

On September 14, 2005, the Chief Administrative Officer issued a Proclamation of Local Emergency as a result of the influx of evacuees to San Diego County as a consequence of Hurricane Katrina. San Diego County Ordinance No. 8183 and State Government Code Section 8630(b) require that the Board of Supervisors ratify Proclamations of Local Emergency within seven days of being issued.

FISCAL IMPACT:

This recommended action has no fiscal impact.

RECOMMENDATION:


1. GOTOBUTTON Ratify the attached Proclamation of Local Emergency made by the Chief Administrative Officer on September 14, 2005.

2. Find that there is a need for continuing the local emergency until no longer needed.

ACTION:



ABSENT: Roberts

30.

SUBJECT:


(DISTRICT: 4)

OVERVIEW:

The County's fiscal condition has enabled it to reinvest taxpayer money in our communities for the benefit of the public. This recommended action proposes that these projects of great benefit to San Diego County be funded using Community Projects Funds.

FISCAL IMPACT:

The total combined cost of the proposed recommendations is $ 551,500. 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.

RECOMMENDATION:

SUPERVISOR ROBERTS

1. GOTOBUTTON Allocate $3,500 from the Community Projects Budget unit (0264) to the Chinese Consolidated Benevolent Association for costs associated with the San Diego Moon Fest Faire, which will be held September 17 and 18, 2005.

2. Allocate $2,000 from the Community Projects Budget unit (0264) to the Citizen Diplomacy Council of San Diego to purchase a copy machine.

3. Allocate $5,000 from the Community Projects Budget unit (0264) to the Mission Hills Foundation for outstanding costs associated with producing a series of 8 concerts which ran from July 1, 2005 to August 19, 2005.

4. Find that the allocations to Pro Kids Golf Academy and Lord's Gym are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15303 and that the allocations to the Boys and Girls Club of San Diego and Tecolote Youth Baseball are exempt from CEQA pursuant CEQA Guidelines section 15301.

5. Allocate $15,000 from the Community Projects Budget unit (0264) to Lord's Gym Fitness Community Development Center to erect a fence around the new outdoor basketball court.

6. Allocate $6,000 from the Community Projects Budget unit (0264) to the Little Italy Association to produce and display banners throughout the community.

7. Allocate $50,000 from the Community Projects Budget unit (0264) to the Optimist International Foundation for the Success Optimist Club of San Diego's Rainforest Project at Kaiser Permanente of San Diego.

8. Allocate $10,000 from the Community Projects Budget unit (0264) to Jewish Family Services for costs associated with the Senior Nutrition Program.

9. Allocate $30,000 from the Community Projects Budget unit (0264) to the San Diego Film Commission to purchase office furniture, supplies, and computer software and hardware upgrades for the Film Commission's office.

10. Allocate $30,000 from the Community Projects Budget unit (0264) to the San Diego World Trade Center for marketing, public relations, sponsor development, brochures, shipping costs, and program needs.

11. Allocate $55,000 from the Community Projects Budget unit (0264) to the Mission Valley YMCA for improvements to the Missile Park Carousel at the new Toby Wells YMCA in Kearny Mesa.

12. Allocate $125,000 from the Community Projects Budget unit (0264) to the Boys and Girls Clubs of San Diego to renovate the Clairemont facility.

13. Allocate $75,000 from the Community Projects Budget unit (0264) to the San Diego Hall of Champions for the design and construction of a new museum exhibit.

14. Allocate $10,000 from the Community Projects Budget unit (0264) to the Alzheimer's Association of San Diego County for marketing and education materials.

15. Allocate $15,000 from the Community Projects Budget unit (0264) to the Board of Supervisors Special Events Trust Fund to provide funding for a District 4 co-sponsored School Fitness Summit.

16. Allocate $50,000 from the Community Projects Budget unit (0264) to the San Diego County Deputy Sheriff's Foundation for planning, designing, and partial construction of a regional law enforcement memorial.

17. Allocate $50,000 from the Community Projects Budget unit (0264) to Pro Kids Golf Academy for construction of a maintenance and storage building.

18. Allocate $20,000 from the Community Projects Budget unit (0264) to Tecolote Youth Baseball to install lights and a new scoreboard at the Tecolote fields.

19. Authorize the Chief Financial Officer to execute a grant agreement with the organizations listed above establishing the terms for receipt of the funds described above.

20. Find that the grants awarded described above have a public purpose.

ACTION:



ABSENT: Roberts

31.

SUBJECT:

NOTICE OF PUBLIC HEARING:

THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY ON BEHALF OF HTH LEARNING (DISTRICT: ALL)

OVERVIEW:

Approve for purposes of satisfying the public approval requirement of Section 147(f) of the Internal Revenue Code (the “Code”) of 1986, the California Municipal Finance Authority (the “CMFA”), a joint powers authority of which the County of San Diego is a member, entering into two loans and such proceeds from those loans will be for the benefit of HTH Learning (the “Corporation”) located in San Diego. CMFA assists qualifying entities in California through the issuance of tax-exempt obligations. In this case the obligation will be through a private placement and through the issuance of tax-exempt obligations in the market.

The proceeds will be used to finance the acquisition, construction, and improvement of certain facilities of the Corporation.

FISCAL IMPACT:

If approved, this proposal will result in $1,000 of revenue to be used to fund the County’s Investor Relation Programs as approved by the Board of Supervisors in the County’s Debt Management Policy (B-65). No additional staff years will be required.

RECOMMENDATION:

GOTOBUTTON CHIEF ADMINISTRATIVE OFFICER AND DEBT ADVISORY COMMITTEE

Pursuant to Section 147(f) of the Internal Revenue Code, hold a public hearing regarding the financing of the project.

Adopt the resolution approving CMFA’s loans from the private placement in an aggregate principal amount not to exceed $36,000,000 and that such proceeds will be for the benefit of the Corporation.

ACTION:

ON MOTION of Supervisor Jacob, seconded Supervisor Cox, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 05-180 entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING AND APPROVING TWO LOAN AGREEMENTS PURSUANT TO WHICH THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY WILL MAKE ONE OR MORE LOANS TO HTH LEARNING OR A RELATED ENTITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $36,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE COST OF THE ACQUISITION, CONSTRUCTION, REHABILITATION, INSTALLATION AND EQUIPPING OF CERTAIN PROPERTY, PROVIDING THE TERMS AND CONDITIONS FOR SUCH LOANS AND OTHER MATTERS RELATING THERETO.


ABSENT: Roberts

32.

SUBJECT:

CLOSED SESSION (DISTRICT: ALL)

OVERVIEW:

A.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Subdivision (a) of Government Code section 54956.9)

Cynthia Bolden-Gardner v. Lambden Family Trust, et al.; San Diego County Superior Court No. GIC 820555

B.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION


Paul Thoryk, et al. v. County of San Diego, et al.; San Diego County Superior Court No. GIC 837419-1

C.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION


Fantasyland Video, Inc., et al. v. County of San Diego, et al.; United States District Court No. 02-CV-1909 LAB (RBB)

D.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION


Sprint Telephony PCS, L.P. v. County of San Diego, et al.; United States District Court No. 03-CV-1398 BTM (BLM)

E.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9: (Number of Cases – 1)

F.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: (Number of Potential Cases – 1)

G.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION


Cheri J. Nutter v. County of San Diego, et al.; San Diego County Superior Court No. GIC 852665

H.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION


San Diego County Retirement Association v. County of San Diego; San Diego County Superior Court No. GIC 845430

I.CONFERENCE WITH LABOR NEGOTIATORS

(Government Code section 54957.6)

Designated Representatives: Carlos Arauz, Mike Kolb and Susan Brazeau

Employee Organizations: All

J.PUBLIC EMPLOYEE PERFORMANCE EVALUATION

(Government Code section 54957)

Title: Chief Administrative Officer

ACTION:

Any reportable matters will be announced on Wednesday, September 21, 2005, prior to the Board of Supervisors Planning and Land Use meeting.

33.

SUBJECT:

PRESENTATIONS/AWARDS

OVERVIEW

Chairwoman Pam Slater-Price presented certificates honoring Friends of the Library essay contest winners.

Vice-Chairman Bill Horn presented a proclamation declaring September 2005, National Alcohol and Drug Addiction Recovery Month throughout the County of San Diego.

Supervisor Greg Cox presented a proclamation honoring KPBS radio’s 45th Anniversary and declaring today KPBS Radio Day throughout the County of San Diego.

Supervisor Dianne Jacob presented a proclamation declaring September 2005, National Preparedness Month throughout the County of San Diego.

Supervisor Dianne Jacob presented a certificate honoring Lois French as September’s Volunteer of the Month.

34.

SUBJECT:

PUBLIC COMMUNICATION

OVERVIEW:

John Van Doorn spoke to the Board about tolerance of fraud and corruption.

Gustavo Guittierrez, Cora Sanchez, Susan Miller-French, Ronald Nielly and Sondra Campbell spoke to the Board concerning increased healthcare costs to In-Home Health Service Providers.

ACTION:

Heard, referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at p.m. in memory of Dr. Howard H. Carey, Ben Bruton, Bruce Phillips Gordon and Mary Kay Dennison.

THOMAS J. PASTUSZKA

Clerk of the Board of Supervisors

County of San Diego, State of California

Consent: Kellogg

Discussion: Randolph

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

9/20/05

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