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OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING - PLANNING AND LAND USE MATTERS WEDNESDAY, NOVEMBER 5, 2003, 9:00 AM Board of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California MORNING SESSION: - Meeting was called to order at 9:10 a.m. Present: Supervisors Greg Cox, Chairman; Dianne Jacob, Vice Chairwoman; Pam Slater; Ron Roberts, Bill Horn; also Thomas J. Pastuszka, Clerk Invocation led by Walter F. Ekard, Chief Administrative Officer Pledge of Allegiance to the Flag led by Renatta, Abby, and Steve from the YMCA OZ program. Approval of Statement of Proceedings/Minutes for the Meetings of October 21, 2003, October 22, 2003, and October 28, 2003. ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meetings of October 21, 2003, October 22, 2003, and October 28, 2003. AYES: Cox, Jacob, Slater, Roberts, Horn Board of Supervisors’ Agenda Items THE FOLLOWING ITEMS WERE CONTINUED FROM TUESDAY, NOVEMBER 4, 2003 Category Agenda No. Subject Public Safety 1. COMPREHENSIVE DOMESTIC VIOLENCE PLAN 11/5/03 1

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Page 1: COUNTY OF SAN DIEGO BOARD OF SUPERVISORS€¦ · Web viewOF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING - PLANNING AND LAND USE MATTERS WEDNESDAY, NOVEMBER

OF PROCEEDINGSCOUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERSWEDNESDAY, NOVEMBER 5, 2003, 9:00 AM

Board of Supervisors North Chamber1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order at 9:10 a.m.

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

Invocation led by Walter F. Ekard, Chief Administrative Officer

Pledge of Allegiance to the Flag led by Renatta, Abby, and Steve from the YMCA OZ program.

Approval of Statement of Proceedings/Minutes for the Meetings of October 21, 2003, October 22, 2003, and October 28, 2003.

ACTION:ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meetings of October 21, 2003, October 22, 2003, and October 28, 2003.

AYES: Cox, Jacob, Slater, Roberts, Horn

Board of Supervisors’ Agenda Items

THE FOLLOWING ITEMS WERE CONTINUED FROM TUESDAY, NOVEMBER 4, 2003

Category Agenda No.

Subject

Public Safety 1. COMPREHENSIVE DOMESTIC VIOLENCE PLAN

2. SHERIFF’S ACCEPTANCE OF GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION ORDERS PROGRAM (4 VOTES)

3. DISTRICT ATTORNEY SPOUSAL ABUSER PROSECUTION PROGRAM GRANT AWARD (TENTH YEAR) [FUNDING SOURCE(S): CALIFORNIA DEPARTMENT OF JUSTICE](4 VOTES)

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4. SHERIFF - RATIFICATION OF 800 MHZ REGIONAL COMMUNICATION SYSTEM AGREEMENTS WITH THE IMPERIAL VALLEY EMERGENCY COMMUNICATIONS AUTHORITY (IVECA) AND THE CALIFORNIA HIGHWAY PATROL (CHP)[FUNDING SOURCE(S): NETWORK OPERATING CHARGE (NOC) REVENUE](4 VOTES)

5. SHERIFF’S ACCEPTANCE OF 2003 COPS UNIVERSAL HIRING PROGRAM GRANT [FUNDING SOURCE (S): REVENUE FROM PROPOSITION 172, SCHOOL DISTRICTS, CONTRACT CITIES AND INDIAN TRIBES]

6. SHERIFF’S DEPARTMENT – OFFICE OF TRAFFIC SAFETY GRANTS [FUNDING SOURCE (S): CALIFORNIA OFFICE OF TRAFFIC SAFETY]

7. SHERIFF’S DEPARTMENT AGREEMENT WITH DRUG ENFORCEMENT ADMINISTRATION REGARDING MARIJUANA ERADICATION [FUNDING SOURCE (S): DRUG ENFORCEMENT ADMINISTRATION](4 VOTES)

8. SHERIFF’S DEPARTMENT LAW ENFORCEMENT CONTRACT WITH RINCON BAND OF LUISENO INDIANS (DISTRICT: 5)[FUNDING SOURCE (S): COMMUNITY ORIENTED POLICING SERVICES (COPS) GRANT REVENUE FROM THE U.S. DEPARTMENT OF JUSTICE AND UNANTICIPATED REVENUE FROM THE RINCON BAND OF LUISENO INDIANS; FLEET INTERAL SERVICE FUND, UNANTICIPATED REVENUE FROM THE SHERIFF’S DEPARTMENT]

9. SHERIFF’S DEPARTMENT LAW ENFORCEMENT CONTRACT WITH PALA BAND OF MISSION INDIANS[FUNDING SOURCE (S): COMMUNITY ORIENTED POLICING SERVICES (COPS) GRANT REVENUE FROM THE U.S. DEPARTMENT OF JUSTICE AND UNANTICIPATED REVENUE FROM THE PALA BAND OF MISSION INDIANS; FLEET INTERAL SERVICE FUND, UNANTICIPATED REVENUE FROM THE SHERIFF’S DEPARTMENT]

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10. ADMINISTRATIVE ITEM:SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: DISTRICT ATTORNEY - AN ORDINANCE AMENDING SECTION 161.6 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO CHIEF MEDICAL EXAMINER FUNCTIONS

Health & Human Services

11. CHILDREN'S MENTAL HEALTH SERVICES AUTHORIZATION FOR COMPETITIVE SOLICITATIONS AND EXTENSION OF CONTRACTS[FUNDING SOURCE (S): FEDERAL MENTAL HEALTH SHORT-DOYLE MEDI-CAL, STATE EPSDT, SAMHSA BLOCK GRANT, TOBACCO SETTLEMENT FUNDS, MINOR CONSENT, AND MENTAL HEALTH REALIGNMENT]

12. ADMINISTRATIVE ITEM:SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:ORDINANCE AMENDING SECTION 82.3 OF THE COUNTY ADMINISTRATIVE CODE RELATING TO THE ADULT DAY HEALTH CARE PLANNING COUNCIL

Community Services 13. PROVIDING FOR SENIORS AND YOUTH IN EAST COUNTY

14. THE RURAL LANDS INITIATIVE

Financial & General Government

15. VISTA UNIFIED SCHOOL DISTRICT, GENERAL OBLIGATION BONDS

16. CONTRACT AMENDMENTS: WASHINGTON AND SACRAMENTO LEGISLATIVE REPRESENTATION

17. AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH THE CAO

Communications Received

18. COMMUNICATIONS RECEIVED

Appointments 19. ADMINISTRATIVE ITEM:APPOINTMENTS

Closed Session 20. CLOSED SESSION

Community Services 21. SCRIPPS RANCH YOUTH RECREATIONAL ASSISTANCE GRANT LOCAL COMMUNITY PROJECTS GRANT

Public Safety 22. DISASTER RESPONSE, RECOVERY EFFORTS AND DISASTER

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ASSISTANCE CENTERS - SAN DIEGO COUNTY FIRESTORMS OF 2003

Financial & General Government

23. AMENDMENT TO THE COMPENSATION ORDINANCE – URGENCY ORDINANCE

Public Safety 24 CREATION OF A REGIONAL FIRE-FIGHTING HELICOPTER FLEET

THE FOLLOWING ITEMS WERE SCHEDULED TO BE HEARD ON WEDNESDAY,NOVEMBER 5, 2003, AND RENUMBERED ACCORDINGLY

New Agenda

No.

Old Agenda

No. Subject

25. 1. CONTINUED NOTICED PUBLIC HEARING:QUAIL RIDGE; SPECIFIC PLAN (SP 00-05), ZONE RECLASSIFICATION (R00-011), TENTATIVE MAP (TM 5185RPL3), ADMINISTRATIVE PERMIT (AD 99-058) SAN DIEGUITO COMMUNITY PLANNING AREA (CARRYOVER FROM 7/30/03, AGENDA NO. 2)

26. 2. NOTICED PUBLIC HEARING:WILDCAT CANYON ROAD ENHANCEMENT PROJECT OPEN SPACE EASEMENT VACATION, VAC 03-001, LAKESIDE COMMUNITY PLAN

27. 3. NOTICED PUBLIC HEARING:MARCH 2004 BALLOT MEASURE FOR COUNTY SERVICE AREA NO. 110 – PALOMAR MOUNTAIN

28. 4. GREEN BUILDINGS: STRENGTHENING SUPPORT AND PROMOTION OF SUSTAINABLE BUILDING PRACTICES IN SAN DIEGO COUNTY

29. 5. TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

30. 6. ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR CENTRAL AVENUE DRAINAGE IMPROVEMENTS IN THE BONITA COMMUNITY

31. 7. VALLEY CENTER ROAD IMPROVEMENT PROJECT – ACQUISITION OF PARCEL NO. 2000-0093-A, B, & C (SHAW) [FUNDING SOURCE(S): TRANSNET REVENUE]

32. 8. MUTUAL AID AGREEMENT BETWEEN METRO PARTICIPATING AGENCIES FOR EMERGENCY USE OF WASTEWATER EQUIPMENT AND

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RESOURCES

33. 9. APPROVE STREET LIGHT PETITIONS FOR VISTA GRANDE ROAD AND SUNSET ROAD IN UNINCORPORATED EL CAJON AND LAKESIDE

34. 10. SET HEARING FOR 12/10/03ESCONDIDO - ACQUISITION OF ASSESSOR’S PARCEL NUMBER 238-020-36 (THE ESCONDIDO CREEK CONSERVANCY) FOR OPEN SPACE (4 VOTES)

35. 11. APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE SAN DIEGUITO RIVER VALLEY REGIONAL OPEN SPACE PARK JOINT POWERS AUTHORITY FOR ACQUISITION OF THE HABIB PROPERTY [FUNDING SOURCE (S): COUNTY OPEN SPACE/MULTIPLE SPECIES CONSERVATION PROGRAM GENERAL FUNDS](4 VOTES)

36. 12. REALLOCATION OF REMAINING FUNDS FROM THREE PARKS PROJECTS TO LAMAR PARK PHASE I IMPROVEMENTS [FUNDING SOURCE (S): PROPOSITION 12 PER CAPITA GRANT FUNDS AND COUNTY GENERAL FUNDS](4 VOTES)

37. 13. ADVERTISE AND AWARD A CONSTRUCTION CONTRACT – LAKESIDE TEEN CENTER AND COMMUNITY CENTER LANDSCAPING PROJECT, LAKESIDE [FUNDING SOURCE (S): LAKESIDE AREA PARK LAND DEDICATION ORDINANCE FUNDS. ADDITIONAL FUNDS ARE BEING REQUESTED FOR APPROPRIATION IN THIS ACTION TO SUPPLEMENT PROJECT FUNDING. THESE FUNDS ARE PROVIDED BY LAKESIDE AREA PARK LAND DEDICATION ORDINANCE FUNDS AND 2003-2004 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS](4 VOTES)

38. 14. NEW APPOINTMENT AND REAPPOINTMENT TO THE COUNTY’S SCIENCE ADVISORY BOARD

39. 15. RECOMMENDATIONS FOR PRESERVING AFFORDABLE HOUSING FOR MOBILE HOME RESIDENTS [FUNDING SOURCE (S): COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE HOME INVESTMENT PARTNERSHIPS PROGRAM](RELATES TO HOUSING AUTHORTIY AGENDA ITEM NO. 2)

40 OFF-AGENDA ITEM: ALLOCATION OF COMMUNITY PROJECTS FUNDS

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41 OFF-AGENDA ITEM: CALLING FOR AN INDEPENDENT INVESTIGATION INTO THE SAN DIEGO COUNTY OCTOBER FIRES

42 PRESENTATIONS/AWARDS

43 PUBLIC COMMUNICATION

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1. SUBJECT: COMPREHENSIVE DOMESTIC VIOLENCE PLAN(DISTRICT: ALL)

OVERVIEW:In accordance with the County of San Diego’s Strategic Initiative to promote Safe and Livable Communities, the County of San Diego has partnered with the domestic violence prevention community to develop programs to stop family violence and provide services to victims and their families. There are many dedicated, specialized professionals represented by agencies countywide that work to prevent domestic violence and address the issues that result from violence within the home. A county-wide domestic violence comprehensive plan needs to be developed to identify the services currently available to domestic violence victims as well as to identify gaps in the system.

Given the current State fiscal crisis, it is imperative that every new dollar be directed where it will have the greatest impact. We are recommending the county take inventory of the domestic violence services currently available to victims countywide and identify how those services can be coordinated to ensure that domestic violence victims do not fall through the cracks. When the inventory of available services has been completed, the county will be able to identify the areas of domestic violence prevention/intervention that need more focus. We are also recommending that the County of San Diego work with the domestic violence prevention community to develop short and long term goals to end family violence throughout the region.

FISCAL IMPACT:Funding, up to $80,000, for a San Diego County Domestic Violence resource inventory and the creation of an online directory to service providers is included in the Sheriff’s grant to Encourage Arrest Policies and Enforcement of Protection Orders from the U.S. Department of Justice, Office On Violence Against Women.

RECOMMENDATION:1. SUPERVISOR SLATER AND SHERIFF

1. Direct the CAO to inventory countywide domestic violence resources currently available to victims and their families and create an online directory of these services.

2. Direct the CAO to identify potential gaps in the domestic violence safety net.

3. Direct the CAO to work with the domestic violence prevention community to develop a comprehensive countywide domestic violence plan that includes recommendations to address those gaps and return to the Board with the plan within 180 days.

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

AYES: Cox, Jacob, Slater, Roberts, Horn

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2. SUBJECT: SHERIFF’S ACCEPTANCE OF GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION ORDERS PROGRAM (DISTRICT: 3)

OVERVIEW:The County of San Diego has been awarded a $522,323 grant to establish a multi-disciplinary response center to assist North County domestic violence victims. The collaborative effort of three community-based organizations (CBOs), the Sheriff’s Department, the Office of the District Attorney, the Health and Human Services Agency, and other County departments will provide, from one centralized and accessible location, coordinated and comprehensive intervention services to families experiencing domestic violence in Northern San Diego County.

FISCAL IMPACT:SHERIFFFunds for this request are not included in the Sheriff’s Department Adopted Operational Plan. The funding source is the FY 2003-04 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program in the amount of $522,323 from the U.S. Department of Justice, Office On Violence Against Women. Reimbursable overtime or 120-day rehire deputies will be used as crime investigators for this project. Grant funds will also be paid to three CBO’s, which will provide a program coordinator and staff for the center. In addition, overall funding will be utilized to purchase services and supplies, travel expenses for technical assistance & training seminars, equipment & furniture, and structural improvements to the center. If approved, this project will result in current year cost and revenue of $275,831, and FY 2004-05 cost and revenue of $272,492, covered by the grant and other agency contributions for two years. There is no requirement for matching funds.

DISTRICT ATTORNEYFunds for this request are not included in the District Attorney’s Adopted Operational Plan. The funding source is Federal Asset Forfeiture funds. If approved, this request will result in current cost and revenue of $26,484, and FY 2004-05 cost and revenue of $28,516. These funds will pay for the lease of the center. The lease costs will include all utilities, janitorial services, and facility maintenance costs.

HEALTH AND HUMAN SERVICES AGENCY (HHSA)Funds for this proposal are not included in the Health and Human Services Agency’s FY 2003-04 Operational Plan. The funding source for this proposal is the FY2003 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program. If approved, this proposal will result in current year costs and revenue of $80,000, no subsequent year costs and revenue, and no increase in staff years.

Supervisor Slater, Sheriff’s Asset Forfeiture Fund, and the District Attorney’s Office have committed additional funding of $55,000 each, over the term of this project, to offset the cost of the lease, utilities, facility improvements, and other project expenses. The

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$55,000 General Fund fund balance available is a result of the cancellation of a previous Supervisorial District Three Local Community Project Program approved by Board Letter July 23, 2002 (8), for this same project, but unused. No permanent positions or staff years are required for this project.

RECOMMENDATION:SUPERVISOR SLATER, SHERIFF, AND DISTRICT ATTORNEY:1. Waive Board Policy A-91, Mid-Year Budget Changes.

2. Waive Board Policy B-29, which requires full cost recovery for fees, grants and revenue contracts.

3. Ratify the Sheriff’s Department’s submission and authorize the acceptance of the FY 2003 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program from the U. S. Department of Justice, Office On Violence Against Women, in the amount of $522,323, for the period September 1, 2003 through August 31, 2005.

4. Transfer appropriations in the total amount of $25,500 from the Sheriff’s Asset Forfeiture Fund to the Sheriff’s Operating Budget for the North County Family Violence Prevention Center Program.

5. Establish appropriations of $26,484 within the District Attorney’s Federal Asset Forfeiture Fund for Services and Supplies based on available Federal Asset Forfeiture Fund Balance. (4 Votes)

6. Authorize the Sheriff to review and execute the FY 2003 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program documents and any extensions, amendments, or revisions thereof that do not materially impact or alter either the grant program or funding level.

7. Establish appropriations of $275,831 in the Sheriff’s Department for salaries and benefits ($94,100) and services and supplies ($181,731), based on unanticipated revenue derived from the U.S. Department of Justice, Office On Violence Against Women and the Sheriff’s Asset Forfeiture Fund. Additional funding for this project has been dedicated from General Fund fund balance available. (4 VOTES)

8. Establish appropriations of $80,000 in the Health and Human Services Agency (HHSA), Office of Violence Prevention, based on unanticipated revenue from the U.S. Department of Justice, Office On Violence Against Women. (4 VOTES)

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

AYES: Cox, Jacob, Slater, Roberts, Horn

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3. SUBJECT: DISTRICT ATTORNEY SPOUSAL ABUSER PROSECUTION PROGRAM GRANT AWARD (TENTH YEAR)(DISTRICT: ALL)

OVERVIEW:On December 10, 2002, (9), your Board approved the Fiscal Year 2002-2003 application for funding of the Spousal Abuser Prosecution Program (SAPP). SAPP is a vertical prosecution program that enhances the effort to prosecute and convict individuals arrested for spousal abuse crimes. This is a request to approve the Spousal Abuser Prosecution Program Grant Award from the California Department of Justice, and to accept $95,033 to support the tenth year of the District Attorney’s Spousal Abuser Prosecution Program for the period of July 1, 2003 through June 30, 2004.

FISCAL IMPACT:The funds for this request are not budgeted. The revenue was removed from the 2003-2004 Operational Plan because it was eliminated in the Governor’s Budget. Funding for the program was subsequently restored in the State Budget. The funding source is the California Department of Justice. If approved, this request will result in FY 2003-2004 direct costs of $118,878 and revenue of $95,033, and will require the addition of no staff years. Twenty percent of currently budgeted salaries are allocated to satisfy the in-kind match of $23,845.

RECOMMENDATION:DISTRICT ATTORNEY1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts- Departmental

Responsibility which requires full cost recovery for grants.

2. Adopt a resolution approving the submission and acceptance of the SAPP Grant application in the amount of $95,033 for Fiscal Year 2003-2004 to the California Department of Justice and authorize execution of the grant agreement and other grant documents by the Clerk of the Board of Supervisors including extensions and amendments thereof that do not materially impact or alter either the grant program or funding level.

3. Establish appropriations in the amount of $95,033, in the District Attorney's Office for salaries and benefits based upon grant revenue from the State of California Department of Justice. (4 Votes)

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-245, entitled: RESOLUTION AUTHORIZING THE SAN DIEGO COUNTY DISTRICT ATTORNEY TO SUBMIT APPLICATION FOR SPOUSAL ABUSER PROSECUTION PROGRAM GRANT.

AYES: Cox, Jacob, Slater, Roberts, Horn

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4. SUBJECT: SHERIFF - RATIFICATION OF 800 MHZ REGIONAL COMMUNICATION SYSTEM AGREEMENTS WITH THE IMPERIAL VALLEY EMERGENCY COMMUNICATIONS AUTHORITY (IVECA) AND THE CALIFORNIA HIGHWAY PATROL (CHP) (DISTRICT: ALL)

OVERVIEW:At the request of the Regional Communications System (RCS) Board of Directors, an agreement has been developed to formalize the use of the RCS network by the Imperial Valley Emergency Communications Authority (IVECA). Equipment manufactured by Microwave Data Systems Inc. and Premisys-Zhone Inc. will be purchased to add IVECA to the RCS. In addition, the California Highway Patrol (CHP) has requested an amendment to their agreement with the RCS in order to increase the number of radios they have on the system from 169 to 175. In keeping with your Board’s previous direction, the CHP will pay a one-time buy-in charge of $27,000 to activate the 6 additional radios. The RCS Board of Directors recommends that the Board of Supervisors approve the proposed agreements and authorize a direct deposit of the CHP’s $27,000 buy-in payment to the RCS Trust Fund to help offset the cost of future system enhancements.

FISCAL IMPACT:Funds for this request are not budgeted. If approved, this request will result in one-time unanticipated revenue of $27,000 from the CHP to buy-in to the RCS. It is requested that this revenue be deposited directly into the RCS Trust Fund for future system enhancements. In addition, this request will result in current year costs of $357,672 ($261,318 for IVECA equipment and $96,354 in additional operating cost), and annual costs of $184,758 for operating expenses. The funding source is Network Operating Charge (NOC) revenue. No additional staff will be added as a result of this request and there will be no impact on the General Fund.

RECOMMENDATION:SHERIFF1. Waive Board Policy A-91, Mid-Year Budget Changes.

2. Ratify the IVECA agreement and authorize the Clerk of the Board to receive and execute their agreement with the County of San Diego.

3. Ratify the CHP agreement and authorize the Clerk of the Board to receive and execute their agreement with the County of San Diego.

4. Establish appropriations of $96,354 within the Sheriff’s Department, for RCS operating costs in support of IVECA and CHP, based on unanticipated RCS Network

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Operating Charge (NOC) revenue from IVECA and CHP. (4 VOTES)

5. Establish appropriations of $261,318 within the Sheriff’s Department, for the purchase and installation of equipment to support the addition of IVECA to the RCS based on unanticipated revenue from IVECA. (4 VOTES)

6. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contracting Director to acquire brand name equipment manufactured by Microwave Data Systems, Inc. and Premisys-Zhone, Inc., needed to add IVECA to the RCS and ensure system compatibility.

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

AYES: Cox, Jacob, Slater, Roberts, Horn

5. SUBJECT: SHERIFF’S ACCEPTANCE OF 2003 COPS UNIVERSAL HIRING PROGRAM GRANT (DISTRICT: ALL)

OVERVIEW:In anticipation of future growth in the region and potential expansion of community oriented policing services, the Sheriff’s Department submitted a grant application for additional funding through the 2003 COPS Universal Hiring Program Grant. This program, administered by the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS), provides partial funding for hiring additional Deputies to be deployed to community policing activities. The Sheriff’s Department has participated in the COPS Hiring Program, since 1995. To date, the Department has hired 33 Deputies through the COPS Universal Hiring Program Grants and 21 Deputies through COPS Ahead, a similar hiring grant.

This is a request to ratify the submission and authorize the acceptance of the 2003 COPS Universal Hiring Program Grant, which will provide a maximum of $1,500,000 over a three-year period for hiring up to 20 new Deputies. No new positions will be filled through this grant until a specific need and matching funds are identified and approved by the Board.

FISCAL IMPACT:The requested action will result in no immediate fiscal impact or additional staff years. This action only ratifies the submission and acceptance of the 2003 COPS Universal Hiring Program Grant. The Board will be asked to establish appropriations and staff at a later date if a specific need and local matching funds are identified. If all 20 positions are filled, first year costs are estimated at $3,315,960; ongoing costs are estimated at $2,172,140 per year; and future revenue will be $1,500,000 ($500,000 per year for three years). The County would be required to retain and fully fund the positions in the fourth year. It is estimated that the total County match for the four-year period would be

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$8,332,380 if all 20 positions are filled. Possible funding sources for this match include revenue from Proposition 172, school districts, contract cities and Indian tribes.

RECOMMENDATION:SHERIFF1. Waive Board Policy B-29, which requires full cost recovery for grants and that Board

approval be given in advance of application for funds.

2. Ratify the Sheriff’s Department’s submission and authorize the acceptance of the 2003 COPS Universal Hiring Program Grant for $1,500,000 from the U.S. Department of Justice, Office of Community Oriented Policing Services, for the period September 1, 2003 through August 31, 2006.

3. Authorize the Sheriff to execute the 2003 COPS Universal Hiring Program Grant documents and any extensions, amendments, or revisions thereof that do not materially impact or alter either the grant program or funding level.

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

AYES: Cox, Jacob, Slater, Roberts, Horn

6. SUBJECT: SHERIFF’S DEPARTMENT – OFFICE OF TRAFFIC SAFETY GRANTS (DISTRICT: ALL)

OVERVIEW:In an effort to reduce fatalities, injuries and economic losses relating to accidents involving impaired drivers, the Sheriff’s Department submitted several grant proposals to the State Office of Traffic Safety, for conducting sobriety checkpoints throughout the County. This is a request to ratify the submission and authorize the acceptance of five “You Drink & Drive, You Lose” grants totaling $95,803; in addition authorize the acceptance of one “Removing Impaired Drivers Program” grant in the amount of $2,666 and one $4,000 “I-5 DUI Corridor” Grant. The funding source for these grants is the Office of Traffic Safety, State of California, Business, Transportation & Housing Agency.

FISCAL IMPACT:Funds for this request are not budgeted. The funding source is the California Office of Traffic Safety. If approved, this request will result in $102,469 over-realized revenue. No appropriations are requested at this time. Operating costs for these programs will be expended out of existing Sheriff’s appropriations. Revenue from these State grants is a pass through from the federal government; therefore realizing these revenues should not be impacted by the State’s budget problems. This request will not require the addition of any staff years.

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RECOMMENDATION:SHERIFF1. Waive Board Policy B-29, which requires full cost recovery for grants.

2. Ratify the submission and authorize the acceptance of a $20,560 grant from the California Office of Traffic Safety, for the “You Drink & Drive, You Lose” Program to be administered by the Sheriff’s Imperial Beach Station, for the period December 2003 through July 2004.

3. Ratify the submission and authorize the acceptance of a $17,892 grant from the California Office of Traffic Safety, for the “You Drink & Drive, You Lose” Program to be administered by the Sheriff’s Lemon Grove Station, for the period December 2003 through July 2004.

4. Ratify the submission and authorize the acceptance of a $23,816 grant from the California Office of Traffic Safety, for the “You Drink & Drive, You Lose” Program to be administered by the Sheriff’s Poway Station, for the period December 2003 through July 2004.

5. Ratify the submission and authorize the acceptance of a $10,639 grant from the California Office of Traffic Safety, for the “You Drink & Drive, You Lose” Program to be administered by the Sheriff’s San Marcos Station, for the period December 2003 through July 2004.

6. Ratify the submission and authorize the acceptance of a $22,896 grant from the California Office of Traffic Safety, for the “You Drink & Drive, You Lose” Program to be administered by the Sheriff’s Vista Station, for the period December 2003 through July 2004.

7. Authorize the acceptance of a $2,666 grant from the California Office of Traffic Safety via the California Highway Patrol, for the Removing Impaired Drivers Project to be administered by the Sheriff’s Santee Station, for the period July 2003 through December 2003.

8. Authorize the acceptance of a $4,000 grant from the California Office of Traffic Safety via the California Highway Patrol, for the I-5 DUI Corridor Project to be administered by the Sheriff’s Imperial Beach Station, for the period July 2003 through June 2004.

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

AYES: Cox, Jacob, Slater, Roberts, Horn

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7. SUBJECT: SHERIFF’S DEPARTMENT AGREEMENT WITH DRUG ENFORCEMENT ADMINISTRATION REGARDING MARIJUANA ERADICATION (DISTRICT: ALL)

OVERVIEW:On May 6, 2003, (8), the Board of Supervisors approved the ratification of a revenue agreement (DEA Agreement # 2003-28) between the San Diego County Sheriff’s Department and the Drug Enforcement Administration (DEA) for $110,000 for the period January 1, 2003 to December 31, 2003, for marijuana eradication law enforcement services. This request increases the amount to be received from $110,000 to $120,000.

FISCAL IMPACT:If approved, this request will increase current year appropriations and related revenue by $10,000. There will be no changes for future years. The funding source is the Drug Enforcement Administration, which allows only direct cost reimbursement under the agreement. This request will not require any additional staff years.

RECOMMENDATION:SHERIFF1. Waive Board Policy B-29: Fees, Grants, Revenue Contracts – Department

Responsibility for Cost Recovery, as indirect costs are not recoverable under the agreement with the Drug Enforcement Administration.

2. Ratify the revenue amendment agreement between the Sheriff, County of San Diego and the Drug Enforcement Administration (DEA) of the United States Department of Justice for an additional $10,000 for the period January 1, 2003 to December 31, 2003 for marijuana eradication, and authorize the Sheriff to execute any annual extensions, amendments and/or revisions thereof that do not materially impact or alter either the program or funding level.

3. Establish appropriations of $10,000 in the Sheriff’s Department for the marijuana eradication and suppression program for services & supplies, based on unanticipated revenue from the Drug Enforcement Administration (DEA). (4 VOTES)

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

AYES: Cox, Jacob, Slater, Roberts, Horn

8. SUBJECT: SHERIFF’S DEPARTMENT LAW ENFORCEMENT CONTRACT WITH RINCON BAND OF LUISENO INDIANS (DISTRICT: 5)

OVERVIEW:

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This is a request to approve a second four-year contract for law enforcement services between the County of San Diego and the Rincon Band of Luiseno Indians (RBLI). This proposal will be partially funded by Community Oriented Policing Services (COPS) grant revenue for the first three years. The RBLI has approved the remaining funding for the Patrol Deputy position. The proposed start date is December 1, 2003. If approved this will be the second deputy position dedicated to patrol the Rincon reservation. This contract supports the County’s Crime Prevention Initiative by providing a new resource for combating criminal activity.

FISCAL IMPACT:SHERIFFFunds for this request are not budgeted. The funding sources for this project are Community Oriented Policing Services (COPS) grant revenue from the U.S. Department of Justice ($75,000) and unanticipated revenue from the Rincon Band of Luiseno Indians ($609,474), for an estimated total of $684,474 for this proposal. If approved, this request will result in current year over-realized revenue of $112,048 ($14,583 COPS Grant and $97,465 RBLI revenue), and subsequent four fiscal years (three contract years) costs and offsetting revenue of $572,426: FY 04/05 - $25,000 COPS / $133,938 RBLI, FY 05/06 - $24,999 COPS / $141,105, FY 06/07 - $10,418 COPS / $162,445 RBLI, FY 07-08 until 11/30/07 - $74,521 RBLI. No current year appropriations are requested at this time. Current year operating costs for this project will be expended out of existing Sheriff’s appropriations. Subsequent years’ appropriations and revenue will be added during the upcoming operational plan budget process. This request will not require the addition of any staff years.

FLEET INTERAL SERVICE FUNDFunds for this request are not budgeted. The funding source for this project is unanticipated revenue from the Sheriff’s Department at an estimated total of $35,463. If approved, this request will result in current year cost of $4,693 and subsequent fiscal years (FY 04/05 – FY 07/08) costs of $8,479, $8,939, $9,425, and $3,927, respectively. No current year appropriations are requested at this time. Operating costs for this program will be expended out of existing General Services appropriations. Subsequent years’ appropriations and offset will be added during the upcoming operational plan budget process. This request will not require the addition of any staff years.

RECOMMENDATION:SHERIFF1. 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 four-year contract (covering the period December 1, 2003 through November 30, 2007) between the County of San Diego and the Rincon Band of Luiseno Indians for one Patrol Deputy position.

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

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

AYES: Cox, Jacob, Slater, Roberts, Horn

9. SUBJECT: SHERIFF’S DEPARTMENT LAW ENFORCEMENT CONTRACT WITH PALA BAND OF MISSION INDIANS (DISTRICT: 5)

OVERVIEW:This is a request to approve a second four-year contract for law enforcement services between the County of San Diego and the Pala Band of Mission Indians (PBMI). This proposal will be partially funded by Community Oriented Policing Services (COPS) grant revenue for the first three years. The PBMI has approved the remaining funding for the Patrol Deputy position. The proposed start date is December 1, 2003. If approved this will be the second deputy position dedicated to patrol the Pala reservation. This contract supports the County’s Crime Prevention Initiative by providing a new resource for combating criminal activity.

FISCAL IMPACT:SHERIFFFunds for this request are not budgeted. The funding sources for this project are Community Oriented Policing Services (COPS) grant revenue from the U.S. Department of Justice ($75,000) and unanticipated revenue from the Pala Band of Mission Indians ($609,474), for an estimated total of $684,474 for this proposal. If approved, this request will result in current year over-realized revenue of $112,048 ($14,583 COPS Grant and $97,465 PBMI revenue), and subsequent four fiscal years (three contract years) costs and offsetting revenue of $572,426: FY 04/05 - $25,000 COPS / $133,938 PBMI, FY 05/06 - $24,999 COPS / $141,105, FY 06/07 - $10,418 COPS / $162,445 PBMI, FY 07-08 until 11/30/07 - $74,521 PBMI. No current year appropriations are requested at this time. Current year operating costs for this project will be expended out of existing Sheriff’s appropriations. Subsequent years’ appropriations and revenue will be added during the upcoming operational plan budget process. This request will not require the addition of any staff years.

FLEET INTERAL SERVICE FUNDFunds for this request are not budgeted. The funding source for this project is unanticipated revenue from the Sheriff’s Department at an estimated total of $35,463. If approved, this request will result in current year cost of $4,693 and subsequent fiscal years (FY 04/05 – FY 07/08) costs of $8,479, $8,939, $9,425, and $3,927, respectively.

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No current year appropriations are requested at this time. Operating costs for this program will be expended out of existing General Services appropriations. Subsequent years’ appropriations and offset will be added during the upcoming operational plan budget process. This request will not require the addition of any staff years.

RECOMMENDATION:SHERIFF1. 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 four-year contract (covering the period December 1, 2003 through November 30, 2007) between the County of San Diego and the Pala Band of Mission Indians for one Patrol Deputy position.

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

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

AYES: Cox, Jacob, Slater, Roberts, Horn

10. SUBJECT: ADMINISTRATIVE ITEM:SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: DISTRICT ATTORNEY - AN ORDINANCE AMENDING SECTION 161.6 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO CHIEF MEDICAL EXAMINER FUNCTIONS (DISTRICT: ALL)

OVERVIEW:On October 21, 2003 (8), the Board introduced Ordinance for further consideration and adoption on November 4, 2003.

RECOMMENDATION:DISTRICT ATTORNEYAdopt Ordinance entitled:

AN ORDINANCE AMENDING SECTION 161.6 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO CHIEF MEDICAL EXAMINER FUNCTIONS

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent, adopting Ordinance No. 9607 (N.S.), entitled: AN ORDINANCE AMENDING SECTION 161.6 OF THE SAN

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DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO CHIEF MEDICAL EXAMINER FUNCTIONS.

AYES: Cox, Jacob, Slater, Roberts, Horn

11. SUBJECT: CHILDREN'S MENTAL HEALTH SERVICES AUTHORIZATION FOR COMPETITIVE SOLICITATIONS AND EXTENSION OF CONTRACTS (DISTRICTS: ALL)

OVERVIEW:On November 9, 1999 (1), September 19, 2000 (2), and October 17, 2000 (1), the Board approved the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) plan and Children’s Mental Health Services Initiative that allowed for an expanded continuum of comprehensive mental health care for children, adolescents, and their families. The result included a significant expansion of contracted services within the Children’s System of Care.

The Health and Human Services Agency is now requesting authority to issue five competitive solicitations to reprocure existing contracted programs and to negotiate extensions of the terms of thirteen existing mental health contracts beyond the current fiscal year. These actions are required to maintain the approved systemwide plans for delivery of services to children, youth, and families. All contracting activity is contingent upon the availability of funding. Due to uncertainties with the State budget, the contracts may be terminated at the County’s option if required.

FISCAL IMPACT:These funds are included in the FY 2004-2005 Operational Plan. If approved, this request will result in costs and revenue of $14,926,959 in Fiscal Year 2004-2005 and subsequent years. The funding sources are Federal Mental Health Short-Doyle Medi-Cal ($6,740,804), State EPSDT ($6,745,326), SAMHSA Block Grant ($543,778), Tobacco Settlement Funds ($165,200), Minor Consent ($44,290), and Mental Health Realignment ($687,561). There will be no change in net General Fund costs and no additional staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. In accordance with Section 401, Article XXIII of the County Administrative Code

authorize the Director, Department of Purchasing and Contracting to issue competitive solicitations for the Children’s Mental Health services listed on Attachment I, and upon successful negotiations and determination of a fair and reasonable price, award contracts for a term of one year, with four option years and up to an additional six months if needed, and to amend the contracts as needed to reflect changes to services and funding, subject to approval of the Director of the Health and Human Services Agency.

2. In accordance with Board Policy A-87, Competitive Procurement, authorize the

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Director, Department of Purchasing and Contracting to enter into negotiations with the thirteen contractors listed on Attachment II and subject to successful negotiations and determination of a fair and reasonable price, to extend the contract terms for five additional one year option periods through June 30, 2009 and an additional six months if needed, subject to the availability of funds; and to amend the contracts as required to reflect changes to services and funding allocations, subject to the approval of the Director, Health and Human Services Agency. Waive the advertising requirement of Board Policy A-87.

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

AYES: Cox, Jacob, Slater, Roberts, Horn

12. SUBJECT: ADMINISTRATIVE ITEM:SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:ORDINANCE AMENDING SECTION 82.3 OF THE COUNTY ADMINISTRATIVE CODE RELATING TO THE ADULT DAY HEALTH CARE PLANNING COUNCIL (DISTRICT: ALL)

OVERVIEW:On October 21, 2003 (2), the Board introduced Ordinance for further consideration and adoption on November 4, 2003.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER:Adopt Ordinance entitled:

AN ORDINANCE AMENDING SECTION 82.3 OF THE COUNTY ADMINISTRATIVE CODE RELATING TO THE ADULT DAY HEALTH CARE PLANNING COUNCIL

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent, adopting Ordinance No. 9608 (N.S.), entitled: AN ORDINANCE AMENDING SECTION 82.3 OF ARTICLE IIIa OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE ADULT DAY HEALTH CARE PLANNING COUNCIL.

AYES: Cox, Jacob, Slater, Roberts, Horn

13. SUBJECT: PROVIDING FOR SENIORS AND YOUTH IN EAST COUNTY (DISTRICT: 2)

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OVERVIEW:Today’s action will allocate funding to the Salvation Army of El Cajon to provide Thanksgiving dinner to seniors, and to the Lakeside Boys and Girls Club to provide additional space for youth in their overcrowded facility.

FISCAL IMPACT:The fiscal impact of the proposed recommendation is $240,400. The funding source for $120,400 is FY 2003-2004 Community Projects for District 2. The funding source for the remaining $120,000 is Community Development Block Grant (CDBG) Housing Development funds. The CDBG funds are included in the Housing and Community Development Multi-Year Project Budget, a special revenue fund. The total CDBG cost is $120,000 for fiscal year 2003-04. The funding source for CDBG funds is the U. S. Department of Housing and Urban Development (HUD). This action will result in the addition of no staff years and no future costs.

RECOMMENDATION:VICE CHAIRWOMAN JACOB:1. Allocate $400 from the District Two Community Projects budget (org. 0262) to the

Salvation Army of El Cajon to provide Thanksgiving meals to seniors on November 25, 2003.

2. Find that the Lakeside Boys and Girls Club project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines section 15301.

3. Allocate $120,000 from the District Two Community Projects budget (org. 0262) to Boys and Girls Clubs of East County to add two modular rooms to the Lakeside Boys and Girls Club.

4. Approve and authorize the reallocation of $120,000 in Community Development Block Grant funds to the new Lakeside Boys and Girls Club Addition Project.

5. Authorize the Director, Department of Housing and Community Development, to execute any Request for Release of Funds and Certification following environmental processing and direct staff to transmit the request to the U.S. Department of Housing and Urban Development upon completion of any mandatory waiting periods.

6. Authorize the Director, Department of Housing and Community Development, to negotiate and execute, with County Counsel concurrence, any contract and/or amendment regarding the Community Development Block Grant Funds in items 4 and 5 above, and to take all necessary actions for the submittal and/or regulatory processing for implementation of the above project.

7. Authorize the Chief Financial Officer to execute a grant agreement with the organizations in items 2 and 3 listed above, establishing terms for receipt of the funds

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described above.

8. Find that all grant awards described above have a public purpose.

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

AYES: Cox, Jacob, Slater, Roberts, Horn

14. SUBJECT: THE RURAL LANDS INITIATIVE (DISTRICT: ALL)

OVERVIEW:The Rural Lands Initiative petition was filed with the Registrar of Voters on September 15, 2003. The Registrar has examined the petition and finds it contains a sufficient number of valid signatures to submit to the Board of Supervisors for action. The Board must do one of the following: a) adopt the ordinance without alteration; b) submit the measure to the voters at the March 2, 2004 election; or c) order an impact report.

The recommended action is for the Board to direct staff to bring back an impact report at the Board’s December 3, 2003 meeting at which time the Board will decide whether to adopt the proposed initiative or place it on the March 2, 2004 ballot.

FISCAL IMPACT:There is no fiscal impact associated with the recommended action.

Placing this initiative on the ballot would result in $250,000 one-time costs for the election. Funds are included in the Registrar of Voters FY 2003-04 budget.

The cost of implementing this initiative will be included in the report to be presented to the Board on December 3, 2003.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERContinue this item to the Board meeting of December 3, 2003 and direct staff to prepare a report on the impacts of the proposed initiative and a recommendation as to whether the Board should adopt the proposed initiative or place it on the March 2, 2004 ballot along with the reasons supporting said recommendation.

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ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, continued item to December 3, 2003; and directed the Chief Administrative Officer to 1) include in their report the fiscal impact on the entire region; and 2) obtain a second opinion from outside counsel and report back.

AYES: Cox, Jacob, Slater, Roberts, Horn

15. SUBJECT: VISTA UNIFIED SCHOOL DISTRICT, GENERAL OBLIGATION BONDS (DISTRICT: 5)

OVERVIEW:On March 5, 2002, the Vista voters approved the issuance of up to $140,000,000 in general obligation bonds, payable from the levy of an ad valorem tax against the taxable property in the District. At this time, the District is requesting the issuance of the second series of bonds in an aggregate principal amount not to exceed $22,400,000 to be referred as the “Vista Unified School District, San Diego County, California General Obligation Bonds, Election of 2002, Series B” (the “Bonds”). The proceeds will be used to renovate and improve school buildings and facilities, and specifically, to complete the project listed in the information given to the voters (the “Bond Project List”).

The first issuance of bonds were issued on May 16, 2002 in the amount of $92,000,540.85. The District requests that the County of San Diego issue a second series of bonds, which will close on approximately December of 2003. After the issuance of the Bonds, the District will have approximately $25,599,459.15 in authorized, but unissued general obligation bonds.

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 COMMITTEEAdopt the resolution authorizing the issuance and sale of the Vista Unified School District, General Obligation Bonds, 2002 Election Series B in an amount not to exceed $22,400,000.

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-246, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, CALIFORNIA, AUTHORIZING THE ISSUANCE OF VISTA UNIFIED SCHOOL DISTRICT SAN DIEGO COUNTY, CALIFORNIA GENERAL OBLIGATION BONDS ELECTION OF 2002, SERIES 2003B.

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AYES: Cox, Jacob, Slater, Roberts, Horn

16. SUBJECT: CONTRACT AMENDMENTS: WASHINGTON AND SACRAMENTO LEGISLATIVE REPRESENTATION (DISTRICT: ALL)

OVERVIEW:The amendment to each of the contracts would extend the period for which legislative representation services would be provided for an additional three years, ending December 31, 2006, following negotiations with the Director, Purchasing and Contracting and the approval of the Chief Administrative Officer.

FISCAL IMPACT:Expenditures through June 30, 2004, of $392,320 are included in the adopted FY 2003-04 Budget; future year costs are noted in the detailed fiscal impact statement.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. In accordance with Board Policy A-87, approve and authorize the Director,

Purchasing and Contracting to enter into negotiations with the firm of Thomas Walters and Associates, Inc., and subject to successful negotiations and determination of a fair and reasonable price, amend the existing contracts for continued legislative representation through December 31, 2006, subject to approval of the Chief Administrative Officer.

2. In accordance with Board Policy A-87, approve and authorize the Director, Purchasing and Contracting to enter into negotiations with the firm of Nielsen, Merksamer, Parrinello, Mueller and Naylor in association with Carpi and Clay, and subject to successful negotiations and determination of a fair and reasonable price, amend the existing contracts for continued legislative representation through December 31, 2006, subject to approval of the Chief Administrative Officer.

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

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

AYES: Cox, Jacob, Slater, Roberts, Horn

17. SUBJECT: AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH THE CAO (DISTRICT: ALL)

OVERVIEW:This Board Letter requests the Board of Supervisors to approve and ratify the Fourth Amendment to the Employment Agreement between the Board of Supervisors and Walt

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Ekard, Chief Administrative Officer.

RECOMMENDATION:CHAIRMAN COX AND VICE CHAIRWOMAN JACOB:Approve and ratify the Fourth Amendment to the Employment Agreement between the Board of Supervisors and Walt Ekard, Chief Administrative Officer.

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

AYES: Cox, Jacob, Slater, Roberts, Horn

18. SUBJECT: COMMUNICATIONS RECEIVED (DISTRICT: ALL)

OVERVIEW:Board Policy A-72, Board of Supervisors Agenda and Related Process, authorizes the Clerk of the Board to prepare a Communications Received for Board of Supervisors' Official Records. Routine informational reports, which need to be brought to the attention of the Board of Supervisors yet not requiring action, are listed on this document. Communications Received documents are on file in the Office of the Clerk of the Board.

FISCAL IMPACT:Not Applicable.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER:Note and file.

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

AYES: Cox, Jacob, Slater, Roberts, Horn

19. SUBJECT: ADMINISTRATIVE ITEM:APPOINTMENTS (DISTRICT: ALL)

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

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FISCAL IMPACT:N/A

RECOMMENDATION:SUPERVISOR JACOB:Re-appoint Wyatt Allen to a second term in Seat No. 1 on the Lakeside Design Review Board, term to expire November 4, 2005.

Appoint Robin Clegg to replace Janis Shackleford, whose term has expired, in Seat No. 2 on the Lakeside Design Review Board, term to expire November 4, 2005.

Appoint Mary Allison to replace Frank Hilliker Jr., whose term has expired, in Seat No. 4 on the Lakeside Design Review Board, term to expire November 4, 2005.

Appoint Michael A. Sterns to fill the vacancy in Seat No. 5, on the Descanso Community Planning Group, term to expire December 31, 2004.

Appoint Bob Johnston to fill the vacancy created by the resignation of Janice Grace in Seat No. 3 on the Jamul Dulzura Community Planning Group, term to expire December 31, 2004.

Appoint Don Ellison to fill the vacancy created by the resignation of Jay Haron in Seat No. 14 on the Jamul Dulzura Community Planning Group, term to expire December 31, 2006.

Appoint Allison Henderson to fill the vacancy created by the resignation of Richard Rachel in Seat No. 13 on the Valle de Oro Community Planning Group, term to expire December 31, 2004.

SUPERVISOR SLATER:Appoint Arthur Ecker to replace Alan Thum PhD whose term has expired on the San Diego Environmental Health Advisory Board, for a term to expire November 4, 2006.

SUPERVISOR HORN:Appoint Jeff Scrape to fill the vacancy created by the resignation of Loretta Solmundson in Seat No. 12 on the Rainbow Community Planning Group, for a term to expire December 31, 2006.

CHIEF ADMINISTRATIVE OFFICER:Re-appoint Catherine Telford, PhD to a second term on the Past Grand Jurors Association Implementation Review Committee, term to expire December 31, 2005.

Appoint Bernadine Ryan Hoff, PhD to replace Raymond Gonzalez, whose term has expired, on the Past Grand Jurors Association Implementation Review Committee, term to expire December 31, 2005.

Appoint Richard Matheron to replace Dr. George Sanger, whose term has expired, on the

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Past Grand Jurors Association Implementation Review Committee, term to expire December 31, 2005.

Appoint Dan Graham to replace Wayne Johnson, whose term expires November 30, 2003, on the Emergency Medical Care Committee for a term to begin December 1, 2003 and expire on November 30, 2006.

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

AYES: Cox, Jacob, Slater, Roberts, Horn

20. SUBJECT: CLOSED SESSION (DISTRICT: ALL)

OVERVIEW:A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

(Subdivision (a) of Government Code section 54956.9)Ruben Sanchez v. County of San Diego, et al.; San Diego County Superior Court No. GIC 803078

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)Stephen Crowe, et al. v. City of Escondido, et al.; United States District Court No. 99-cv-0241-JSR (RB)

C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)People of the State of California v. County of San Diego; San Diego County Superior Court No. GIC 803748

D. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATIONInitiation of litigation pursuant to subdivision (c) of Government Code section 54956.9: (Number of Cases – 1)

E. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)County of San Diego v. Commission on State Mandates; State of California; Case No. CSM-R-S046843 (San Diego Superior Court Case No. GIC 762953)

F. CONFERENCE WITH LABOR NEGOTIATORS(Government Code section 54957.6)

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Designated Representatives: Carlos Arauz and Mike KolbEmployee Organizations: All

G. PUBLIC EMPLOYEE APPOINTMENTTitle: Chief Probation Officer

ACTION:County Counsel reported on the following:

On Item D. The Board authorized, by vote of all 5 members present and voting aye, the County to initiate an action, the details of which are not specified at this time; but upon inquiry, once the action has been formally commenced, can be disclosed to any person unless discloser of the details would jeopardize the agency’s ability to effect service of process on one or more unserved parties or would jeopardize its ability to conclude existing settlement negotiations to its advantage.

On Item G. The Board by vote of all 5 members present and voting aye, appointed as the new Chief Probation Officer of the County of San Diego, Vincent J. Iaria.

21. SUBJECT: SCRIPPS RANCH YOUTH RECREATIONAL ASSISTANCE GRANT LOCAL COMMUNITY PROJECTS GRANT (DISTRICT: 3)

OVERVIEW:Funding for the Community Projects Grant program was included in the fiscal year 2003-2004 adopted budget in order to further public purposes throughout the County.

FISCAL IMPACT:The current year cost of this project is $10,000. The funding source is the Community Projects Budget (org 0263). This will result in the addition of no staff years and no future year costs.

RECOMMENDATION:SUPERVISOR SLATER:1. Allocate $10,000 from the Community Projects Grant Budget (org 0263) to the

Scripps Ranch Civic Association for recreational activities and to replace sports equipment that was stored and used at the Community Centers in Scripps Ranch that were destroyed by the Cedar Fire.

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

3. Find that the grant award described above has a public purpose.

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

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AYES: Cox, Jacob, Slater, Roberts, Horn

22. SUBJECT: DISASTER RESPONSE, RECOVERY EFFORTS AND DISASTER ASSISTANCE CENTERS - SAN DIEGO COUNTY FIRESTORMS OF 2003 (DISTRICT: ALL)

OVERVIEW:This is a request to establish appropriations in the Office of Emergency Services for costs related to the initial response and the initial recovery efforts related to the Firestorms of 2003.

FISCAL IMPACT:The funds for this request are in the County’s Contingency Reserve fund. If approved this request will result in up to $3 million in costs related to the response and initial recovery of the Firestorms of 2003.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER:1. Waive Board Policy A-91, Mid-Year Budget Changes.

2. Transfer appropriations of $3 million from Contingency Reserves to the Office of Emergency Services for costs related to the response and initial recovery efforts for the Firestorms of 2003.

ACTION:ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors took action as recommended; and approved the continuation of the local emergency proclamation for a period of twenty-one (21) days, pursuant to Government Code Section 8630(c)(1), at which time the proclamation shall be terminated unless it is approved for further continuation by the Board of Supervisors on or before the expiration of the 21-day period.

AYES: Cox, Jacob, Slater, Roberts, Horn

23. SUBJECT: AMENDMENT TO THE COMPENSATION ORDINANCE – URGENCY ORDINANCE (DISTRICT: ALL)

OVERVIEW:This is a request to adopt an urgency ordinance regarding Firestorm 2003 Employee Compensation, which will allow compensation of County employees instructed not to report to work while the October 2003 wildfires raged. Adoption of this ordinance will allow the County to compensate biweekly employees for the time they would have worked during their regular scheduled work hours. This Ordinance would also add a paid leave provision to the Compensation Ordinance for employees, whose homes were destroyed or damaged as a result of the October 2003 wildfires.

FISCAL IMPACT:

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Funds for these recommendations are included in the 2003-04 adopted operational plan. The estimated fiscal impact of the new employee leave provisions is less than $150,000.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER:1. Read title, waive further reading and adopt the urgency ordinance (4 votes):

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE RELATING TO FIRESTORM 2003 EMPLOYEE COMPENSATION AND LEAVE TO TAKE EFFECT IMMEDIATELY.

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

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE RELATING TO FIRESTORM 2003 EMPLOYEE COMPENSATION AND LEAVE.

Submit the Ordinance for further Board consideration and adoption (second reading) on December 2, 2003.

ACTION:ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, adopting urgency Ordinance No. 9609 (N.S.), entitled: AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE RELATING TO FIRESTORM 2003 EMPLOYEE COMPENSATION AND LEAVE TO TAKE EFFECT IMMEDIATELY, and introduced Ordinance for further Board consideration on December 2, 2003, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

24. SUBJECT: CREATION OF A REGIONAL FIRE-FIGHTING HELICOPTER FLEET (DISTRICT: ALL)

OVERVIEW:In response to the devastating wildfires that have ravaged much of the San Diego region, there is a need to provide a more effective way to combat fire emergencies in San Diego. It was made painfully clear that the San Diego region is under-equipped to deal with a major fire emergency. A countywide approach to preparedness is what is needed to solve the myriad of problems that face fire service agencies in San Diego County. Obviously, the best way to protect our residents from another catastrophe is by increasing our fire fighting capabilities.

The recommendation is for the Board of Supervisors to direct the Chief Administrative Officer and County Counsel to analyze the possibility of creating a regional fire protection district under the current Fire Protection District Law or, in the alternative, to seek legislation that would authorize the County to create a regional fire protection

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authority or district that would then use funds to purchase and operate fire-fighting helicopters. The Chief Administrative Officer and County Counsel would report back to the Board on December 2, 2003.

FISCAL IMPACT:There is no fiscal impact from the proposed action.

RECOMMENDATION:SUPERVISOR ROBERTS:1. Direct the Chief Administrative Officer and County Counsel to analyze the

possibility of creating a regional fire protection district under current Fire Protection District Law or, in the alternative, to seek legislation that would authorize the County to create a regional fire services authority or district that would then use funds to purchase and operate fire-fighting helicopters.

2. Direct the Chief Administrative Officer and County Counsel to report back to the Board on December 2, 2003 on the advisability of forming a regional fire protection district under current law or seeking legislation that would authorize the County to create a regional fire services authority or district.

ACTION:ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, continuing to December 2, 2003; and added:

Recommendation 3: Request Governor-elect Arnold Schwarzenegger to include the following subject in a proclamation calling a special session of the Legislature: Authorize the County of San Diego to establish a Countywide fire protection district with the authority to place a special tax on the ballot to fund the purchase, lease, operation and maintenance of fire fighting helicopters and related fire fighting equipment.

Recommendation 4: Direct the Chief Administrative Officer to draft a letter for the Chairman’s signature requesting the Governor-elect to include the subject described above in a proclamation calling a special session of the Legislature.

Recommendation 5: Direct the Chief Administrative Officer and the County Sacramento representative to work with the County’s legislative delegation to make a joint request of the Governor-elect to proclaim a special session of the Legislature to consider the subject described above.

AYES: Cox, Jacob, Slater, Roberts, Horn

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25. SUBJECT: CONTINUED NOTICED PUBLIC HEARING:QUAIL RIDGE; SPECIFIC PLAN (SP 00-05), ZONE RECLASSIFICATION (R00-011), TENTATIVE MAP (TM 5185RPL3), ADMINISTRATIVE PERMIT (AD 99-058) SAN DIEGUITO COMMUNITY PLANNING AREA (DISTRICT: 5)(CARRYOVER FROM 7/30/03, AGENDA NO. 2)

OVERVIEW:The July 30, 2003 (2) hearing was continued at the applicant's request to allow additional time to submit required information and to re-design the project. At the time this report was prepared, the required information and re-designed project had not been submitted. Previously on May 7, 2003 (2) the hearing was continued at the applicant's request to July 30, 2003 (2) because the applicant could not attend the hearing.

The project is a Specific Plan and implementing Zone Reclassification, Tentative Map, and Administrative Permit for a clustered residential development of 69 residential lots on 234 acres. Proposed residential lots range in size from 2 acres to 3.5 acres. The site is in the Estate Development Area Regional Category and the (17) Estate Residential and (18) Multiple Rural Use Land Use Designations in the San Dieguito Community Planning Area. Zoning is RR, Rural Residential Use Regulations, with 2-, 4- and 8-acre minimum lot sizes. The site is located northeasterly of Elfin Forest Road and east of Fortuna del Norte and Carib Drive.

FISCAL IMPACT:N/A

RECOMMENDATION:PLANNING COMMISSION:Adopt the Resolution denying SP 00-05, R00-011, TM 5185RPL3 and AD 99-058 (Attachment A) for the reasons included in the staff report.

DEPARTMENT OF PLANNING AND LAND USE:The Department of Planning and Land Use concurs.

ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater, the Board of Supervisors closed the Hearing and took action as recommended, adopting Resolution No. 03-247, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS DENYING SPECIFIC PLAN SP 00-05 ZONE RECLASSIFICATION R00-011 TENTATIVE MAP TM 5185RPL3 AND ADMINISTRATIVE PERMIT AD 99-058.

AYES: Cox, Jacob, Slater, Roberts, Horn

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26. SUBJECT: NOTICED PUBLIC HEARING:WILDCAT CANYON ROAD ENHANCEMENT PROJECT OPEN SPACE EASEMENT VACATION, VAC 03-001, LAKESIDE COMMUNITY PLAN (DISTRICT: 2)

OVERVIEW:On October 8, 2003 (2) the Board took action to set a hearing for November 5, 2003 to consider vacating a portion of one open space easement and all of a second open space easement along Wildcat Canyon Road and certified the Final Environmental Impact Report / Environmental Assessment for the Wildcat Canyon Road Enhancement Project. The Wildcat Canyon Road Enhancement Project consists of the following components: The project would widen Wildcat Canyon Road to create a northbound passing lane from1,800 feet north of Muth Valley Road to a point 900 feet north of Blue Sky Ranch Road, an approximate distance of one mile. At Blue Sky Ranch Road, Wildcat Canyon Road would be lowered in elevation to improve sight distance. Additionally, the entrance to Oak Oasis Open Space Preserve would be reconfigured to align with Blue Sky Ranch Road.

This is a request to adopt a Resolution of Vacation to vacate a portion of one and the entirety of another open space easement in two different locations on Wildcat Canyon Road. The Vacations are necessary to allow the Department of Public Works to construct improvements to Wildcat Canyon Road. The first area (Area A) to be vacated is located along the east side of Wildcat Canyon Road, just south of the intersection of Muth Valley Road and Wildcat Canyon Road. Area A totals 4,922 square feet, which is approximately 13 percent of the entire open space easement. The second area (Area B) to be vacated is located along the east side of Wildcat Canyon Road and two properties south of the intersection of Pata Ranch Road and Wildcat Canyon Road. Area B totals 15,819 square feet. Wildcat Canyon Road will be widened in these two areas to improve operational safety.

FISCAL IMPACT:N/A.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER:Adopt the resolution entitled:

RESOLUTION OF VACATION OF STREET, HIGHWAY, OR PUBLIC SERVICE EASEMENT (Attachment H).

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 03-248, entitled: RESOLUTION OF VACATION OF STREET, HIGHWAY, OR PUBLIC SERVICE EASEMENT.

AYES: Cox, Jacob, Slater, Roberts, Horn

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27. SUBJECT: NOTICED PUBLIC HEARING:MARCH 2004 BALLOT MEASURE FOR COUNTY SERVICE AREA NO. 110 – PALOMAR MOUNTAIN (DISTRICT: 5)

OVERVIEW:County Service Area No. 110 – Palomar Mountain provides structural fire protection and emergency medical services. The Area’s Board of Directors has determined current funding is insufficient to meet these needs and, after investigating other means to raise funds, requests a levy proposal be placed on the March 2, 2004 ballot. The measure is requested to provide additional funding for adequate structural fire protection and emergency medical services.

This is a request to adopt a Resolution to conduct elections authorizing the levy on Tuesday, March 2, 2004. This is also a request to direct County Counsel to prepare an impartial analysis of the ballot measure to include on the sample ballots and, subject to confirmation of two-thirds of those voting in the March 2 election, adopt an Ordinance to put the special benefit tax levy in place. If the ballot measure passes, each residential structure would be assessed $120 per year. Commercial, industrial, and institutional structures would be assessed $180 per year. The special tax is expected to provide up to $40,000 in additional annual revenue to the CSA.

FISCAL IMPACT:Estimated cost of the election is $1.32 per registered voter and will be paid by the CSA. If the measure passes, the Special Benefit Tax shall be applied effective Fiscal Year 2004-05 and will result in approximately $40,000 in additional revenue for the CSA. Any levies resulting from this action will be brought to the Board for approval as part of the annual benefit charge process.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find, pursuant to Section 15061(b)(1) of the California Environmental Quality Act

Guidelines, the requested action is not a project as defined in Section 15378 (b)(4).

2. Adopt a Resolution entitled Resolution of the Board of Supervisors to Conduct Elections in County Service Area No. 110 – Palomar Mountain on the Question of Authorizing the Levy of a Special Benefit Tax by the Board of Supervisors on Tuesday March 2, 2004 and to Consolidate that Election with the General Election to be held on the Same Day.

3. Direct County Counsel to prepare an impartial analysis of the ballot measure to be included in sample ballots.

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4. Adopt the following ordinance to be effective immediately subject to confirmation by two-thirds of those voting in elections pursuant to Government Code Section 25123.

AN ORDINANCE DETERMINING AND PROPOSING FOR ADOPTION AN ANNUAL SPECIAL BENEFIT TAX FOR STRUCTURAL FIRE PROTECTION AND EMERGENCY MEDICAL SERIVCES WITHIN THE BOUNDARIES OF COUNTY SERVICE AREA NO. 110 – PALOMAR MOUNTAIN.

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting:

Resolution No. 03-249, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS TO CONDUCT ELECTIONS IN COUNTY SERVICE AREA NO. 110 – PALOMAR MOUNTAIN ON THE QUESTION OF AUTHORIZING THE LEVY OF A SPECIAL BENEFIT TAX BY THE BOARD OF SUPERVISORS ON TUESDAY, MARCH 2, 2004, AND TO CONSOLIDATE THAT ELECTION WITH THE GENERAL ELECTION TO BE HELD ON THE SAME DAY; and adopting

Ordinance No. 9610 (N.S.), entitled: AN ORDINANCE DETERMINING AND PROPOSING FOR ADOPTION AN ANNUAL SPECIAL BENEFIT TAX FOR STRUCTURAL FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES WITHIN THE BOUNDARIES OF COUNTY SERVICE AREA NO. 110 – PALOMAR MOUNTAIN.

AYES: Cox, Jacob, Slater, Roberts, Horn

28. SUBJECT: GREEN BUILDINGS: STRENGTHENING SUPPORT AND PROMOTION OF SUSTAINABLE BUILDING PRACTICES IN SAN DIEGO COUNTY (DISTRICTS: ALL)

OVERVIEW:The County of San Diego implemented the Green Building Incentive Program on April 15, 1997 (41), at the recommendation of Supervisor Pam Slater, with the adoption of Board Policy F-50 Voluntary Resource-Efficient Guidelines on New Construction and Building Renovation Projects. Since then, new techniques, technology and innovative products have emerged that make it more feasible to use green building practices. To follow the County’s commitment to sustainable building practices, the Cardiff Library was completed in 2002. Unique to this project was the incorporation of green building energy efficiency design and recycling of construction materials (December 15, 1998 (17), July 25, 2000 (6) and July 31, 2001 (15 )). The project was recognized by the SDG&E “Savings By Design” nonresidential new construction energy program, with an

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incentive cash award. This high performance building will offer economic, health and environmental advantages to the County and the public.

The County of San Diego is concerned with protecting the environment and encouraging homeowners and builders to use environmentally sound practices. The County’s Strategic Plan includes an Environment Initiative to promote natural resource management strategies that ensure environmental preservation, quality of life, and economic development. Historically, construction practices have been at a high cost to the environment. According to 2003 data from the web site of the U.S. Department of Energy’s Center for Sustainable Development, buildings consume 40% of world’s total energy, 25% of its wood harvest, and 16% of its water. The challenge before the County and the building industry is to build so that the area’s potential can be reached while minimizing energy use, pollution, and life-long costs.

Sustainable or “green” building practices can reduce the impact buildings have on people and nature. Areas of importance include occupant health, energy and transportation efficiency, resource and material conservation (air, water, land, fuel), as well as reuse and recycling during building construction, operation and demolition. The concept applies to all residential, commercial and industrial buildings.

Following the initiative of Supervisor Slater, this letter is a report on improvements to the County’s Green Building Incentive Program and public outreach efforts to promote the program. It is also a request to amend Board Policy F-50 and adopt changes to the County Administrative Code to broaden the scope of projects that would receive permit fee reductions. In addition to energy efficient buildings, fee reductions would now be available for straw bale construction, use of graywater systems, and use of building materials with recycled content.

FISCAL IMPACT:If approved, changes to the building permit fee structure and impacts on general fund costs will be reviewed annually. Any net increases to the general fund will be offset by savings within the Department of Planning and Land Use. There will be no increase in staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find in accordance with Section 15061(b)(3) of the State California Environmental

Quality Act (CEQA) Guidelines that it can be seen with certainty that there is no possibility that the following action may have a significant effect on the environment.

2. Accept this staff report on the Green Building Incentive Program in San Diego County.

3. Amend Board Policy F-50, Voluntary Resource-Efficient Guidelines on New Construction and Building Renovation Projects.

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4. Waive Board Policy B-29, Fees, Grants and Revenue Contracts, Department Responsibility for Full Cost Recovery to eliminate building permit fees related to green buildings.

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

AN ORDINANCE AMENDING SCHEDULE F OF SECTION 362 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE TO REDUCE FEES FOR BUILDINGS USING SUSTAINABLE BUILDING PRACTICES.

Submit the Ordinance for further Board consideration and adoption (second reading) on December 3, 2003.

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors continued the item to December 3, 2003, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

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

OVERVIEW:

The Traffic Advisory Committee (TAC) meets every six weeks to review proposed changes or additions to regulatory traffic controls. Twenty items were on the Committee's September 5, 2003, meeting agenda. The Committee recommends your action on nineteen items. Item 2-D was continued by the Jamul-Dulzura Community Planning Group. All 19 remaining items are recommended for action.

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

RECOMMENDATION:TRAFFIC ADVISORY COMMITTEEConsider and file report including the following recommendations:

District 11-A. Valley Vista Road, south side, from a point 470 feet east of the east line of Valley

Vista Way easterly 20 feet, BONITA-Repeal an existing disabled parking space.

District 22-A. Mussey Grade Road from the south line of Dos Picos Park Road southerly to the

End, RAMONA- Lower the existing 50 MPH speed limit to: 1) 45 MPH from the south line of Dos Picos Park Road southerly to a point 380 feet north of the north

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line of Mahogany Ranch Road and 2) 40 MPH from a point 380 feet north of the north line of Mahogany Ranch Road southerly to the End. Direct both proposed 45 and 40 MPH speed limits be certified for radar enforcement.

2-B. Jamacha Road, north side, from the east line of Jamacha Lane easterly 110 feet, SPRING VALLEY-Do not establish a parking prohibition.

2-C. H Street and Eleventh Street, RAMONA-Do not establish an all-way stop control.

2-D. This item was continued prior to the meeting at the request of the Jamul-Dulzura Community Planning Group

2-E1. Woodside Avenue, north side, from the west line of Riverview Avenue westerly 600 feet, LAKESIDE-Establish a parking prohibition.

2-E2. Kenwood Drive, west side, from the north line of Golf Drive northerly 690 feet and from a point 930 feet north of the north line of Golf Drive northerly 240 feet, SPRING VALLEY-Amend an existing parking prohibition.

2-E3. Mapleview Street from the east line of Maine Avenue easterly to a point 1,570 feet east of the east line of Ashwood Street, LAKESIDE-Direct the existing 40 MPH speed limit be recertified for radar enforcement.

2-E4. Lakeshore Drive from the east line of Vine Street easterly to the west line of Lakeview Road, LAKESIDE-Direct the existing 35 MPH speed limit be recertified for radar enforcement.

2-E5. San Vicente Road from the south line of Hanson Lane southerly to a point one mile east of the east line of Wildcat Canyon Road, RAMONA-Direct the existing 50 MPH speed limit be recertified for radar enforcement.

2-E6. Hillsdale Road from the east line of Jamacha Road (SR-54) easterly to the west line of Willow Glen Drive, EL CAJON-Direct the existing 40 and 45 MPH speed limits be recertified for radar enforcement.

District 55-A. Mission Road and Alvarado Street, FALLBROOK-Place this intersection on the

County’s Traffic Signal Priority List.

5-B. El Mirador and El Vuelo/Las Colinas, RANCHO SANTA FE-Do not establish a stop control.

5-C. Avenida de Acacias and El Tordo, RANCHO SANTA FE-Establish an all-way stop control.

5-D. Rancho Drive at Lake Drive, DEL DIOS-Do not establish a mid-block crosswalk.

5-E. Poinsettia Avenue, south side, from the west line of Smilax Road westerly 1020 feet, VISTA-Do not establish a parking prohibition.

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5-F1. Hannalei Avenue, both sides, from a point 830 feet east of the east line of Watson Way easterly 1,190 feet, VISTA-Establish a parking prohibition.

5-F2. Morro Road and Palomino Road, FALLBROOK-Establish stop controls for northbound traffic on Morro Road (private street) approaching Palomino Road and for eastbound traffic on Palomino Road (private street) approaching Morro Road.

5-F3. Harmony Grove Road from the east line of Elfin Forest Road easterly to the south line of Kauana Loa Drive, HARMONY GROVE- Direct the existing 40 and 45 MPH speed limit postings be recertified for radar enforcement.

5-F4. Valley Center Road from a point 260 feet south of the south line of Banbury Road northerly to a point 500 feet north of the north line of Charlan Road and from the east line of Miller Road easterly to the west line of Cole Grade Road, VALLEY CENTER-Direct the existing 45 MPH speed limit postings be recertified for radar enforcement.

CHIEF ADMINISTRATIVE OFFICER1. Find, pursuant to Section 15301 (c) of California Environmental Quality Act

(CEQA) Guidelines, that these regulatory traffic issues are minor alterations to existing streets that involve no expansion of an existing use.

2. Concur with Traffic Advisory Committee's recommendations.

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

No. 299 (Item 5-C)

No. 301 (Items 2-E1, 2-E2 and 5-F1)

No. 304 (Item 5-F2)

No. 1197 (Item 1-A1)

4. Approve the introduction, read title and waive further reading (first reading) of the following Ordinances (Item 2-A).

AN ORDINANCE AMENDING SECTION 72.161.31.1. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

AN ORDINANCE ADDING SECTION 72.161.31.2. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

Submit for further Board consideration and adoption (second reading), on December 3, 2003.

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ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent; introducing Ordinances for further Board consideration on December 3, 2003; and adopting the following Resolutions:

03-250, TRAFFIC RESOLUTION NO. 2871, RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 299 RELATING TO THE ESTABLISHMENT OF ALL-WAY STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO;

03-251, TRAFFIC RESOLUTION NO. 2872, RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO;

03-252, TRAFFIC RESOLUTION NO. 2873, RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO;

03-253, TRAFFIC RESOLUTION NO. 2874, RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO;

03-254, TRAFFIC RESOLUTION NO. 2875, RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 304 RELATING TO THE ESTABLISHMENT OF STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO;

03-255, TRAFFIC RESOLUTION NO. 2876, RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 304 RELATING TO THE ESTABLISHMENT OF STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO;

03-256, TRAFFIC RESOLUTION NO. 2877, RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 1197 RELATING TO THE ESTABLISHMENT OF DISABLED PARKING SPACES IN THE COUNTY OF SAN DIEGO;

AYES: Cox, Jacob, Slater, Roberts, Horn

30. SUBJECT: ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR CENTRAL AVENUE DRAINAGE IMPROVEMENTS IN THE BONITA COMMUNITY (DISTRICT: 1)

OVERVIEW:The project consists of replacing existing culverts under two driveways along Central Avenue with larger reinforced concrete box culverts and widening the channel between the culverts to reduce flooding on the north side of Central Avenue at Belle Bonnie Brae

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Road in the Bonita Community (Thomas Guide, Page 1311, A1).

This is a request to approve the Mitigated Negative Declaration, establish additional appropriations, and authorize a construction contract to be advertised and subsequently awarded to the lowest responsive and responsible bidder for construction of drainage improvements along Central Avenue.

FISCAL IMPACT:Funds for this proposal are budgeted in the Department of Public Works Fiscal Year 2003-04 Detailed Work Program in the amount of $75,000 and Flood Control District in the amount of $125,000. Funding sources are Developer Deposit ($60,000), Flood Control ($125,000) and Gas Tax ($15,000) Funds. This request is to establish additional construction appropriations of $50,000 based on unanticipated revenue from State Match and State Exchange Funds. If approved, this request will result in a total current year cost of $250,000, no annual cost and will require no additional staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find, on the basis of the whole record, there is no substantial evidence the project

will have a significant effect on the environment. Consider the Mitigated Negative Declaration together with comments received during public review, and adopt it, finding it reflects the independent judgment and analysis of the Board of Supervisors.

2. Establish $50,000 additional appropriations in the Department of Public Works Detailed Work Program based on unanticipated revenue from State Match and State Exchange Funds. (4 VOTES)

3. Authorize the Director, Purchasing and Contracting Department, to take any action authorized by Article XXIII, Section 401 et seq., of the San Diego County Administrative Code with respect to contracting for the subject public works project.

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

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

AYES: Cox, Jacob, Slater, Roberts, Horn

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31. SUBJECT: VALLEY CENTER ROAD IMPROVEMENT PROJECT – ACQUISITION OF PARCEL NO. 2000-0093-A, B, & C (SHAW) (DISTRICT: 5)

OVERVIEW:The Valley Center Road Improvement Project will widen a 5.96-mile portion of Valley Center Road from 0.51 miles south of the City of Escondido boundary, north and east to 0.12 miles east of the Valley Center Road intersection with Cole Grade Road. The existing two- and three-lane road will be upgraded to four lanes with median and bike lanes. The project will enhance safety and improve traffic flow. Construction will begin in November 2003 for the first phase of the project, which extends from the east end of Escondido 2.5 miles up the Valley Center Road summit (Thomas Guide, page 1110, F 1 and 2).

Today’s request is part of right of way acquisition for the next phase of the Valley Center Road Improvement Project, which includes intersection improvements at Valley Center Road and Woods Valley Road (Thomas Guide, page 1090, E5). A new residential subdivision, Woods Valley Ranch, is being constructed behind the south commercial node along Valley Center Road. As a condition for approval of the project, the County required the builder, Newland Communities, to construct the eastern half of the Valley Center/Woods Valley intersection, including the installation of a traffic signal within the existing right of way. If the County is able to acquire the additional right of way easements now from the two owners of the corner parcels in the eastern half of the intersection, the builder will complete the improvements consistent with the ultimate road width. The Board is requested to approve the real property contract for the acquisition of easement rights (Parcel No. 2000-0093-A, B, & C) from Richard and Jo Ann Shaw for $44,000. The easement is at the intersection of Valley Center Road and Woods Valley Road. This is for one of two necessary parcels. Negotiations with the property owner on the remaining corner of the intersection are ongoing.

FISCAL IMPACT:Funds for this proposal are budgeted in the Department of Public Works’ Fiscal Year 2003-04 Detailed Work Program. The funding source for the acquisition is TransNet revenue. If approved, this proposal will result in $44,000 current year cost, no annual cost and will require no additional staff years. There will be no cost to the General Fund as a result of this action.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find that the Final Environmental Impact Report for the Valley Center Road

Widening Project, SCH No. 1999021081, on file in the Department of Public Works has been completed in compliance with California Environmental Act (CEQA) and State and County CEQA Guidelines, that the decision-making body has reviewed and considered the information contained therein prior to approving the project, and that the EIR reflects the independent judgment and analysis of the Board of Supervisors.

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2. Find that there are no changes in the project or in circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously certified EIR, dated February 2000, 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 EIR was prepared.

3. Approve and authorize the Clerk of the Board to execute, upon receipt, two originals of the real property contract for the purchase of Parcel No. 2000-0093-A, B, & C (Shaw) for $44,000.

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

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

AYES: Cox, Jacob, Slater, Roberts, Horn

32. SUBJECT: MUTUAL AID AGREEMENT BETWEEN METRO PARTICIPATING AGENCIES FOR EMERGENCY USE OF WASTEWATER EQUIPMENT AND RESOURCES (DISTRICT: ALL)

OVERVIEW:After the terrorist attacks in September 2001, area wastewater agencies became concerned that they need to be better prepared to respond in a collective fashion (if necessary) in the event of an emergency in the San Diego region that could cause significant disruption of the wastewater infrastructure.

In response to this concern, participating agencies in the City of San Diego Metro Sewage System, along with the City of Escondido, have drafted a Mutual Aid Agreement to allow for the exchange of equipment and resources should it become necessary.

This is a request for approval of a Mutual Aid Agreement between participating agencies in the City of San Diego Metro Sewage System, and the City of Escondido, to share available wastewater equipment and resources in the event of an emergency or act of terrorism.

FISCAL IMPACT:Entering into a Mutual Aid Agreement will not result in any costs or revenues to the County unless a mutual aid situation arises. There will be no current or subsequent year

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impact because of requested action, and no additional staff years will be required. The Agreement provides for the reimbursement of costs to the agency rendering the aid. If the County borrowed equipment or labor from another agency in case of emergency, that agency would be reimbursed using the appropriate sanitation district or sewer maintenance district funding source. The County’s General Fund would not be impacted.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find that an agreement to share wastewater equipment and resources between

government agencies is an administrative activity and therefore exempt under CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by Section 15378 of the CEQA Guidelines.

2. Approve and authorize the Clerk of the Board to execute, upon receipt, two copies of an Agreement titled San Diego County Public Wastewater Agencies Mutual Aid Agreement.

3. Designate the Director, Department of Public Works, as the responsible County agent to carry out provisions of this Agreement.

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

AYES: Cox, Jacob, Slater, Roberts, Horn

33. SUBJECT: APPROVE STREET LIGHT PETITIONS FOR VISTA GRANDE ROAD AND SUNSET ROAD IN UNINCORPORATED EL CAJON AND LAKESIDE (DISTRICT: 2)

OVERVIEW:In areas of the County that developed before street lights were required and where lights are now desired, property owners may request lights by forming or annexing to a zone within the San Diego County Street Lighting District. The Lighting District includes the entire unincorporated area and is composed of two zones. Zone A provides street lighting and charges benefiting properties an annual assessment for operation and maintenance of the lights. Properties in Zone B have no lights and are not charged.

This item involves approval of two petitions from property owners to annex to Zone A for provision of street lights in their areas. The areas are Vista Grande Road in unincorporated El Cajon and Sunset Road in Lakeside. Petition results were 63.4 percent approval and 58.5 percent approval, respectively. In accordance with Board Policy J-20, Lighting District Zone Formation and Annexations, such petitions may be approved unless the weighted petition responses opposing the proposal exceed those approving it.

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FISCAL IMPACT:Costs to process petitions are paid by benefiting property owners. SDG&E will install the lights at no cost. Operation and maintenance of street lights are a regularly budgeted expense of the San Diego County Street Lighting District. If approved, this request will result in no current year cost and no additional staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find, in accordance with Section 15061(b)(3) of California Environmental Quality

Act (CEQA) Guidelines, it can be seen with certainty there is no possibility the following action may have a significant effect on the environment and is therefore not subject to CEQA.

2. Approve the following Petitions:

a) Vista Grande Road (El Cajon) for nine lights

b) Sunset Road (Lakeside) for four lights

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

AYES: Cox, Jacob, Slater, Roberts, Horn

34. SUBJECT: SET HEARING FOR 12/10/03ESCONDIDO - ACQUISITION OF ASSESSOR’S PARCEL NUMBER 238-020-36 (THE ESCONDIDO CREEK CONSERVANCY) FOR OPEN SPACE (DISTRICT: 3)

OVERVIEW:On March 13, 2002 (17), at the request of Supervisor Slater, the Board directed the Chief Administrative Officer to investigate the acquisition of the Derbas property and take steps to identify funding for its purchase. The Derbas property consists of approximately 345 acres of environmentally significant undeveloped land located within the City of Escondido. The site is immediately adjacent to Del Dios Highway at the intersection of Date Lane, as shown on Attachment “1”. (Thomas Guide, page 1149-E1)

On September 18, 2002 (1), the Board approved the purchase of a 92-acre parcel from Derbas Trust for $1,200,000. Concurrently, The Escondido Creek Conservancy (TECC) purchased the remaining 253 acres from the Derbas Trust for $3,300,000. On September 18, 2002 (1), the Board also approved an option agreement between the County and the Conservancy entitling the County with the right to purchase the 253-acre property from the Conservancy in increments over the next three years. On March 5, 2003 (5), the Board approved the incremental purchase of 168.66 acres from TECC for $2,200,000.

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The Board is requested to set a hearing for December 10, 2003 to consider the purchase of the remaining acreage from TECC for $1,100,000, which will complete the acquisition of the Derbas property for open space. The exact size of the remaining acreage has been calculated at 83.87 acres based on refined current record mapping.

FISCAL IMPACT:There is no fiscal impact associated with this request to publish the Notice of Intention to Purchase and to set the hearing to consider approval of the purchase. Should the Board approve the purchase on December 10, 2003, funding for the purchase will be provided by Wildlife Conservation Board grant funds contributed by the San Dieguito River Valley Joint Powers Authority ($900,000) and County General Funds available in Capital Project KA9500 – Multiple Species Conservation Plan/Open Space Acquisitions ($200,000). There will be no additional cost to the General Fund resulting from this request.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Direct the Clerk of the Board of Supervisors to publish the required Notice of

Intention to Purchase in accordance with Government Code Sections 25350 and 6063.

2. Set this matter for December 10, 2003, at which time the Board may consummate the purchase of Assessor’s Parcel Number 238-020-36 from The Escondido Creek Conservancy for the appraised value of $1,100,000.

3. Cancel Appropriations and Related Operating Transfer from the General Fund of $200,000 in the Capital Outlay Fund for Capital Project KA9500, Multiple Species Conservation Program, to provide funding for the acquisition of Derbas Property.

4. Establish Appropriations of $200,000 in Contributions to Capital Outlay Fund (Operating Transfer Out), for the acquisition of Derbas Property, based on Fund Balance Made Available from the cancellation of funding in Capital Project KA9500. (4 VOTES)

5. Establish Appropriations of $200,000 in the Capital Outlay Fund for Capital Project KA3426, Derbas Acquisition, based on an Operating Transfer from the General Fund. (4 VOTES)

6. Establish Appropriations of $900,000 in the Capital Outlay Fund for Capital Project KA3426, Derbas Acquisition, based on unanticipated revenue from State Wildlife Conservation Board through the San Dieguito River Valley Joint Powers Authority. (4 VOTES)

7. Authorize the Director, Department of Parks and Recreation, as agent of the County of San Diego to conduct all negotiations, execute and submit all documents which

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may be necessary for acceptance of Wildlife Conservation Board grant funds by the County, acting as the designee of the San Dieguito River Park Joint Powers Authority.

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent, setting Hearing for December 10, 2003, 9:00 a.m.

AYES: Cox, Jacob, Slater, Roberts, Horn

35. SUBJECT: APPROVAL OF AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE SAN DIEGUITO RIVER VALLEY REGIONAL OPEN SPACE PARK JOINT POWERS AUTHORITY FOR ACQUISITION OF THE HABIB PROPERTY (DISTRICTS: 2 AND 5)

OVERVIEW:On May 16, 1989 (56), the Board of Supervisors approved the Joint Exercise of Powers Agreement between the County of San Diego and the Cities of Del Mar, Escondido, Poway, San Diego and Solana Beach creating the San Dieguito River Valley Regional Open Space Park Joint Powers Authority, to provide for the preservation of the San Dieguito River Valley corridor.

Since 1989, the San Dieguito River Park Joint Powers Authority has acquired 1,364 acres of open space along the San Dieguito River corridor. Currently, the County and the Joint Powers Authority are cooperating to complete the acquisition of Volcan Mountain, and in the last few years the Joint Powers Authority and the County worked together on the County’s purchase of the 5,321.96-acre Santa Ysabel property. Additionally, within the last year the Joint Powers Authority has contributed $2,675,000 to the County towards other park acquisitions (Volcan Mountain and Derbas properties).

Currently, the Joint Powers Authority is working with the Trust for Public Land to complete two acquisitions east of Lake Sutherland by the end of 2003. One of these acquisitions, the Habib property, consists of 387 acres of oak woodland adjacent to the County-owned Santa Ysabel Ranch. The County has the opportunity to participate in a partnership with the Joint Powers Authority to acquire this high quality habitat in the river corridor and to expand our future baseline Multiple Species Conservation Plan credits. In order to do this, $1,000,000 of County Open Space/Multiple Species Conservation Program General Funds is needed to supplement Joint Powers Authority funding for acquisition of this property. If approved, the property will be owned, managed and maintained by the Joint Powers Authority.

The proposed action is to approve the transfer of $1,000,000 of the Department of Parks and Recreation’s Open Space/Multiple Species Conservation Program funds, which are budgeted in the Capital Outlay Fund, to the Joint Powers Authority to assist in the

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purchase of the Habib property to be added to the San Dieguito River Park corridor. The property owner is a willing seller. The total purchase price to be paid by the Joint Powers Authority will be $2,320,000. If approved, the County’s contribution will be $1,000,000.

This proposed action will transfer the funds from the Capital Outlay Fund to the Department of Parks and Recreation so that they may be paid to the Joint Powers Authority. This action is necessary because the property to be acquired will not be owned by the County and, therefore, acquisition costs cannot be capitalized. The proposed action will also approve the agreement with the Joint Powers Authority for expenditure of the funds. After acquisition of the Habib property, the Joint Powers Authority will own a total of approximately 1,751 acres that will be preserved as open space and habitat. The County will retain the future East County Multiple Species Conservation Plan baseline credits from the Habib acquisition. There will be no additional cost to the County resulting from this action.

FISCAL IMPACT:Funds for this request are budgeted in the Capital Outlay Fund and will be transferred to the Department of Parks and Recreation by this action. The funding source is County Open Space/Multiple Species Conservation Program General Funds. If approved, this request will result in $1,000,000 current year cost, no annual cost and will require the addition of no staff years. Funding will be provided to the San Dieguito River Park Joint Powers Authority to purchase land which will be owned, managed and maintained by the Joint Powers Authority. There will be no additional cost to the General Fund resulting from this action.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find in accordance with Section 15325 of the California Environmental Quality Act

(CEQA) Guidelines that transfer of funds to the Joint Powers Authority for the purchase of land for preservation of open space and habitat is categorically exempt from CEQA.

2. Authorize the Clerk of the Board of Supervisors to execute the Agreement between the County of San Diego and the San Dieguito River Valley Regional Open Space Park Joint Powers Authority which provides the mechanism to transfer General Funds in the amount of $1,000,000 for the acquisition of the Habib property.

3. Waive Board Policy A-91, Mid-Year Budget Changes, to allow for establishment of additional appropriations in the Parks and Recreation Department budget, based on cancellation of General Fund appropriations in the Capital Outlay Fund.

4. Cancel appropriations and related Operating Transfer from the General Fund in the amount of $1,000,000 in Capital Project KA9500, Multiple Species Conservation Program/Open Space Acquisitions, to provide funds to the Joint Powers Authority for acquisition of the Habib property.

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5. Establish appropriations in the amount of $1,000,000 in the Department of Parks and Recreation (Contributions to Other Agencies), based on fund balance made available from the cancellation of the Operating Transfer. (4 VOTES)

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

AYES: Cox, Jacob, Slater, Roberts, Horn

36. SUBJECT: REALLOCATION OF REMAINING FUNDS FROM THREE PARKS PROJECTS TO LAMAR PARK PHASE I IMPROVEMENTS (DISTRICT: 2)

OVERVIEW:Lamar Park is an undeveloped local park located in the Community of Spring Valley, which consists of approximately 9 acres. Phase I improvements include the installation of playground equipment, a family friendly restroom, site furnishings, Americans with Disabilities Act (ADA) accessible walkways, installation of irrigation system components, landscaping, on-site parking and a picnic pavilion. On July 9, 2003 (19), the Board of Supervisors authorized the advertisement for bid and award of a construction contract for the Lamar Park Phase I Improvements Project. The contract was awarded for $575,653 on September 29, 2003

Three existing Capital Projects, KN2956 – El Monte Park Playgrounds, KN2957 – Flinn Springs Park Playgrounds, and KK2585 – Spring Valley Park Entrance and Parking Improvements are now complete and have remaining fund balances totaling $153,740.

This proposed action will reallocate the remaining balance funds in the amount of $153,740 from the three completed Capital Projects to Capital Project KN0754 – Lamar Park Phase I Improvements, to supplement existing project funds to complete the project.

FISCAL IMPACT:Funds for this request are budgeted and available in Capital Projects KN2956, KN2957 and KK2585. The funding sources are Proposition 12 Per Capita grant funds and County General Funds. If approved, this action will result in a current year cost of $153,740, no annual cost, and will require the addition of no staff years. Operations and maintenance of the constructed facilities will be the responsibility of San Miguel Local Park District - County Service Area 128. There will be no additional cost to the General Fund resulting from the proposed action.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find that the Mitigated Negative Declaration (ND) on file in the Department of

Planning and Land Use as Log No. 83-BG-2 has been adopted in compliance with the

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California Environmental Quality Act (CEQA) and the CEQA Guidelines, that the decision-making body has reviewed and considered the information contained therein before approving the project, that the ND reflects the independent judgment and analysis of the Board of Supervisors; and

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 previously adopted ND, 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 ND was prepared.

2. Cancel appropriations and related Proposition 12 Per Capita grant funds of $104,978 in the Capital Outlay Fund for Capital Project KN2956 – El Monte Park Playgrounds, to provide funds for Lamar Park Phase I Improvements.

3. Cancel appropriations and related Proposition 12 Per Capita grant funds of $29,783 in the Capital Outlay Fund for Capital Project KN2957 – Flinn Springs Park Playgrounds, to provide funds for Lamar Park Phase I Improvements.

4. Establish appropriations of $134,761 in the Capital Outlay Fund for Capital Project KN0754 – Lamar Park Phase I Improvements, based on unanticipated revenue received from Proposition 12 Per Capita grant funds. (4 VOTES)

5. Cancel appropriations and related Operating Transfer from the General Fund of $18,979 in the Capital Outlay Fund for Capital Project KK2585 – Spring Valley Park Entrance and Parking Improvements, to provide funding for Lamar Park Phase I Improvements.

6. Establish appropriations of $18,979 in Contributions to Capital Outlay Fund (Operating Transfer Out), for Lamar Park Phase I Improvements, based on Fund Balance made available from the cancellation of funding in Capital Project KK2585. (4 VOTES)

7. Establish appropriations of $18,979 in the Capital Outlay Fund for Capital Project KN0754 – Lamar Park Phase I Improvements, based on an Operating Transfer from the General Fund. (4 VOTES)

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

AYES: Cox, Jacob, Slater, Roberts, Horn

37. SUBJECT: ADVERTISE AND AWARD A CONSTRUCTION CONTRACT – LAKESIDE TEEN CENTER AND COMMUNITY CENTER

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LANDSCAPING PROJECT, LAKESIDE (DISTRICT: 2)

OVERVIEW:Lindo Lake Park is located on Vine Street in the community of Lakeside. Existing amenities within the 55-acre park include a lake, the Lakeside Community Center, two playgrounds, a large group picnic shelter, barbecue and picnic areas, a plaza area, a historic boathouse, walking trails, a scout hut, and a new teen center which is currently under construction. The Department of Parks and Recreation utilized the services of an in-house landscape architect to prepare the construction plans for the proposed teen center and community center landscaping project. This project will provide for improvements to include hardscape, landscaping and irrigation to surround the newly built Lakeside Teen Center and the east side of the existing Community Center. The construction plans are now complete and the project is ready to proceed to construction.

Proposed actions will approve contract documents and authorize advertisement for public bidding and award of a construction contract estimated at $280,000, including 10% contingency, for the construction project. The proposed actions will also approve the establishment of additional appropriations in the amount of $185,000 in the Capital Project, consisting of the allocated 2003-2004 Community Development Block Grant funds of $125,000 and an additional $60,000 in Park Land Dedication Ordinance funds to complete the landscaping project. Remaining project funds will be used for related project costs, including inspection services and resident engineering, and project administration costs. When completed, management of the added improvements will be accomplished utilizing existing budgeted resources within the Department of Parks and Recreation. There will be no additional cost to the General Fund resulting from the proposed action.

FISCAL IMPACT:Funds in the amount of $125,000 are budgeted in the Capital Outlay Fund. The funding source is Lakeside area Park Land Dedication Ordinance funds. Additional funds in the amount of $185,000 are being requested for appropriation in this action to supplement project funding. These funds are provided by Lakeside area Park Land Dedication Ordinance funds ($60,000) and 2003-2004 Community Development Block Grant funds ($125,000). If approved, this action will result in the award of a construction contract estimated at $280,000 including 10% contingency, for construction of the project. Remaining project funds of approximately $30,000 will be used for related project costs, including construction inspection services and project contract administration costs. There will be no additional cost to the General Fund resulting from the proposed action.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find in accordance with Section 15301 of the California Environmental Quality Act

(CEQA) Guidelines that the Lakeside Teen Center and Community Center Landscaping project is categorically exempt from CEQA.

2. Authorize the Director of Purchasing and Contracting to take any action authorized

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by Section 401 et seq. of the Administrative Code, with respect to contracting for the Lakeside Teen Center and Community Center Landscaping project.

3. Establish appropriations of $125,000 in the Capital Outlay Fund for Capital Project KN4450 – Lakeside Teen Center Phase II, based on unanticipated revenue from 2003-2004 Community Development Block Grant Funds. (4 VOTES)

4. Establish appropriations of $60,000 in the Lakeside area Park Land Dedication Ordinance (PLDO), Operating Transfer Out, for the Lakeside Teen Center and Community Center Landscaping Project, based on Fund Balance Available in the Lakeside Area PLDO Fund. (4 VOTES)

5. Establish appropriations of $60,000 in the Capital Outlay Fund for Capital Project KN4450 – Lakeside Teen Center Phase II, based on an Operating Transfer from the Lakeside area PLDO Fund. (4 VOTES)

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

AYES: Cox, Jacob, Slater, Roberts, Horn

38. SUBJECT: NEW APPOINTMENT AND REAPPOINTMENT TO THE COUNTY’S SCIENCE ADVISORY BOARD (DISTRICT: ALL)

OVERVIEW:On April 14, 1992 (45), the Board of Supervisors adopted a resolution to establish the Science Advisory Board for San Diego County. The purpose of the Science Advisory Board is to provide scientific and technological input and recommendations to the Board of Supervisors and Chief Administrative Officer on issues that affect economic policies. Currently there is one vacancy on the Science Advisory Board and one seat whose term will expire in the near future. This action will result in the appointment of one new member for a two-year term and the reappointment of one current member for a three-year term.

FISCAL IMPACT:None

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Appoint Dr. Christopher C. Glembotski to a two-year term on the Science Advisory

Board, term to expire March 7, 2005.

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2. Reappoint Dr. Kurt Benirscke for a three-year term on the Science Advisory Board, term to expire November 3, 2006.

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

AYES: Cox, Jacob, Slater, Roberts, Horn

39. SUBJECT: RECOMMENDATIONS FOR PRESERVING AFFORDABLE HOUSING FOR MOBILE HOME RESIDENTS (DISTRICT: ALL)

OVERVIEW:On May 21, 2003 (23), the Board, as recommended by Vice Chairwoman Jacob, directed the Chief Administrative Officer to work with mobile home park owners and mobile home residents on the Mobile Home Issues Committee and return to the Board with recommendations on ways to preserve and protect affordable housing for mobile home residents in San Diego County. Accordingly, this is a request for authorization to implement a pilot program that will modify the existing Community Development Block Grant (CDBG) funded Home Repair Loan Program and modify the existing HOME Investment Partnerships Program (HOME) funded Tenant Based Rental Assistance Program. The requested actions will modify both programs by allowing for three assistance options to address the affordability of housing for qualifying low-income mobile home residents as follows: 1) CDBG grants for rehabilitation of mobile homes owned by elderly or disabled residents; 2) CDBG grants for relocation of mobile homes when done in conjunction with rehabilitation of the mobile home; and 3) HOME funded Tenant Based Rental Assistance for mobile home residents.

FISCAL IMPACT:Funds for the actions recommended to the Board of Supervisors are budgeted in the FY 2003-2004 Housing and Community Development Multi-Year Project Budget, a special revenue fund. Funds for the actions recommended to the Housing Authority Board of Commissioners are budgeted in the FY 2003-2004 Housing Authority Budget. The funding sources are the Community Development Block Grant Program and the HOME Investment Partnerships Program. All costs are reimbursed by the U.S. Department of Housing and Urban Development. If approved, the requested actions will result in up to $450,000 in current year costs to the CDBG Program budget and up to $1,000,000 in current year costs to the HOME Program budget. There are no general fund costs and no additional staff years.

RECOMMENDATION:EXECUTIVE DIRECTOR/CHIEF ADMINISTRATIVE OFFICERActing as the Board of Supervisors:1. Approve modifications to the existing Community Development Block Grant funded

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Home Repair Loan Program (Residential Rehabilitation) to allow grants for home repairs to owner-occupied mobile homes in an amount up to $8,000 per unit for qualified low-income elderly or disabled residents.

2. Approve modifications to the existing Community Development Block Grant funded Home Repair Loan Program (Residential Rehabilitation) to allow grants for relocation of owner-occupied mobile homes in an amount up to $15,000 per unit for qualified low-income residents when done in conjunction with rehabilitation of the mobile home.

3. Approve modifications to the existing HOME Investment Partnerships Program funded Urban County HOME Tenant Based Rental Assistance Program to allow priority preference for rental assistance to qualified low-income mobile home owner-occupants.

4. Approve and authorize the Director of Housing and Community Development to negotiate and execute, with County Counsel concurrence, contracts and/or contract amendments, and take all necessary actions for the submittal and/or regulatory processing and implementation of the modifications to the Home Repair Loan Program (Residential Rehabilitation) and Urban County HOME Tenant Based Rental Assistance Program.

Relates to Housing Authority Agenda Item No. 2.

ACTION:At the request of the Chief Administrative Officer, ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors withdrew the item, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

40. SUBJECT: OFF-AGENDA ITEM: ALLOCATION OF COMMUNITY PROJECTS FUNDS (DISTRICT: 5)

OVERVIEW:This action today is set forth to assist the victims of the Paradise Fire in Valley Center and surrounding areas within the Fifth District. It is important to reinvest taxpayer money into this North County Community and its surrounding areas for the benefit of the public.

FISCAL IMPACT:The fiscal impact of the proposed recommendations is $100,000.00. This action will result in the addition of no staff years and no future costs.

RECOMMENDATION:

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SUPERVISOR HORN:1. Allocate $100,000.00 from Community Projects Fund (0265) to the Fallbrook

Chamber of Commerce/Paradise Fire Victims Fund for distribution to qualified fire victims in Valley Center and surrounding areas within the Fifth District.

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

3. Find that the grant award described above has a public purpose.

40.1 ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater, the Board of Supervisors found that the need to take action arose subsequent to the Agenda being posted, and placed the item on the agenda.

AYES: Cox, Jacob, Slater, Roberts, Horn

40.2 ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

41. SUBJECT: OFF-AGENDA ITEM: CALLING FOR AN INDEPENDENT INVESTIGATION INTO THE SAN DIEGO COUNTY OCTOBER FIRES (DISTRICT: ALL)

OVERVIEW:On Sunday morning, October 26th, the San Diego region witnessed three separate fires, one of which grew into the worst fire in state history. A disastrous combination of weather conditions, tinder-dry vegetation, and lack of fire-fighting resources somehow turned what may have been manageable fires into more than 384,289 acres of charred territory, claiming the lives of 15 residents, one firefighter, and 2,407 homes. How did this happen? What could have been different? How can we keep this kind of catastrophe from ever happening again? These are questions that San Diego County residents are asking—and they deserve answers.

FISCAL IMPACT:There are no fiscal impacts associated with this recommendation.

RECOMMENDATION:VICE CHAIRWOMAN JACOB:

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1. Request that the Board of Supervisors call on Governor-elect Schwarzenegger to launch an independent investigation into the October Fires, which would include experts not directly involved in the fires.

2. Request that this investigation include, but not be limited to: inquiries of local, state, and federal agencies, as well as officials who were in positions of authority; an analysis of response issues, communications and resource limitations; and other factors related to these devastating fires.

3. Request that the investigation’s mission include finding answers to the following questions regarding the Cedar Fire:

a. Why was the Cedar Fire not contained within the first few hours on the evening of Saturday, October 25th?

b. Why was the San Diego region without adequate fire fighting equipment when the Cedar Fire started, especially when the region was under a red flag weather alert due to Santa Ana wind conditions?

c. Why did it take more than 12 hours to release the San Diego regions’ own fire fighting equipment from other parts of the state?

d. Why did it take so long for military and other available fire fighting support to respond?

e. Why were residents not notified to evacuate in a timely manner?

4. Direct the Chief Administrative Officer to communicate this request to the Governor-elect of California.

41.1 ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors found that the need to take action arose subsequent to the Agenda being posted, and placed the item on the agenda.

AYES: Cox, Jacob, Slater, Roberts, Horn

41.2 ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

42. SUBJECT: PRESENTATIONS/AWARDS

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Chairman Greg Cox presented a proclamation to Thomas Rollerson, Founder/President of Dream Foundation, and Bruce Jenner, Board Member, proclaiming November 5, 2003 to be Dream Foundation Day throughout the County of San Diego.

Supervisor Bill Horn presented a proclamation to Tom Splitgerber, San Diego County’s new Veterans Services Officer, proclaiming November 5, 2003 to be Veterans Day throughout the County of San Diego.

Supervisor Pam Slater presented a proclamation to Jason Giffen, Department of Planning and Land Use’ Employee of the Year, proclaiming November 5, 2003 to be Jason Giffen Day throughout the County of San Diego.

Supervisor Pam Slater presented a proclamation to Ralph Stewart, proclaiming November 23 - 29, 2003 to be God Bless America Week throughout the County of San Diego.

43. SUBJECT: PUBLIC COMMUNICATION

Lou Conde addressed the Board regarding fire hazards.

Gail Jacobson addressed the Board regarding a Fire Emergency Response System.

ACTION:Heard; referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 3:34 p.m. in memory of Firefighter Steven Rucker; Joan “Jody” Johnston; Constance H. Smith; Lynn Love; and Ashleigh Roach.

THOMAS J. PASTUSZKAClerk of the Board of Supervisors

County of San Diego, State of California

Notes by: Gomez

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.

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