STATEMENT OF PROCEEDINGS by CS91lK

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									                                STATEMENT OF PROCEEDINGS
                       COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
                                       REGULAR MEETING
                               TUESDAY, JULY 16, 2002, 9:00 AM
                                Board of Supervisors North Chamber
                       1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order at 9:04 a.m.

Present: Supervisors Pam Slater, Chairwoman Pro Tem; Dianne Jacob; and Bill Horn; also Thomas J.
Pastuszka, Clerk.

Absent: Supervisors Ron Roberts, Chairman; and Gregory Cox, Vice Chairman.

Invocation by Pastor Jeanna Osborn from the Baha’i Faith Center.

Pledge of Allegiance to the Flag led by David Biggs and Zachary Backus.

Approval of Board of Supervisors Statement of Proceedings/Minutes for meetings of June 11, 2002 and
June 18, 2002.

ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors approved the
Statement of Proceedings/Minutes for the meetings of June 11, 2002 and June 18, 2002.

AYES:   Jacob, Slater, Horn
ABSENT: Cox, Roberts


Public Communication - (No Speakers)

                                Board of Supervisors' Agenda Items
 Category        Agenda No.     Subject:
 Community       1.             NOTICED PUBLIC HEARING:
 Services                       OPTION TO PURCHASE REAL PROPERTY - 20.66 ACRES ON
                                HOFFMAN LANE, SANTEE - COUNTY PARCEL 2002-0086-A

 Health &        2.             RENEWAL OF BASE HOSPITAL REVENUE AGREEMENTS
 Human                          [FUNDING SOURCE(S): BASE HOSPITAL DESIGNATION FEES]
 Services

                 3.             ALTERNATIVE DISPUTE RESOLUTION PROGRAM REQUEST
                                FOR PROPOSALS
                                [FUNDING SOURCE(S): THE COUNTY OF SAN DIEGO DISPUTE
                                RESOLUTION FUNDS]

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Financial &      4.    AMENDMENTS TO THE COMPENSATION ORDINANCE
General
Government

                 5.    ADMINISTRATIVE ITEM:
                       SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:
                       AMENDMENTS TO THE COMPENSATION ORDINANCE

                 6.    ADMINISTRATIVE ITEM:
                       SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:
                       DEPARTMENT OF GENERAL SERVICES 3RD QUARTER FY
                       2001-2002 BUDGET ADJUSTMENTS

                 7.    SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:
                       AMENDMENT TO THE COUNTY ADMINISTRATIVE CODE RE:
                       THE OFFICE OF COUNTY COUNSEL AND APPROVAL OF
                       COUNTY COUNSEL HOURLY RATES
                       (RELATES TO AIR POLLUTION CONTROL BOARD ITEM NO. 1)

                 8.    COMMUNICATIONS RECEIVED

Community        9.    SET HEARING FOR 8/6/02:
Services               SET A HEARING TO ACQUIRE PARCEL NO. 98-0238-A (1168
                       UNION STREET, LLC)

Financial &      10.   PLEDGING SAN DIEGO COUNTY'S ALLEGIANCE TO THE
General                PLEDGE OF ALLEGIANCE
Government

Closed           11.   CLOSED SESSION
Session

Presentations/   12.   PRESENTATIONS/AWARDS
Awards




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1.        SUBJECT:             NOTICED PUBLIC HEARING:
                               OPTION TO PURCHASE REAL PROPERTY - 20.66 ACRES ON
                               HOFFMAN LANE, SANTEE - COUNTY PARCEL 2002-0086-A
                               (DISTRICT 2)

          OVERVIEW:
          The County owns 326 acres of land within the City of Santee, including 69 acres north of the
          San Diego River. On April 11, 2000 (19) your Board approved setting aside 30 acres for a
          proposed Health Campus to include the new Edgemoor site, and directed the Director,
          Department of General Services to return to the Board with a Resolution of Intention to Sell the
          remaining land north of the river. The north portion of the Health Campus has been identified
          as the site for the proposed Edgemoor skilled nursing facility. The 20.66 acres west of the
          proposed facility and north of Santee's Town Center community park are vacant, zoned
          residential, and are considered surplus to County needs.

          This request is for Board approval to take the necessary actions required to enter into an Option
          to Purchase the 20.66 acres on the north side of Hoffman Lane in Santee. The property is zoned
          medium density residential, allowing a minimum of seven and a maximum of fourteen dwelling
          units per acre. The County will seek bids from prospective developers and users for a one-year
          option plus two six-month options to develop this property for residential use. The income from
          this sale will be placed in the Edgemoor Development Fund. It is anticipated that the successful
          bidder will develop this property for residential purposes, in accordance with plans to be
          submitted to and approved by Santee.

          The Board of Supervisors, on May 21, 2002 (3), declared this parcel as surplus to the County
          needs. They adopted a resolution of Intention to Enter into an Option to Purchase and Notice
          Inviting Bids. The Clerk of the Board has advertised this Notice Inviting Bids.

          FISCAL IMPACT:
          If an Option to Purchase is approved, this request will result in approximately $100,000 in
          Fiscal Year 2002-03 revenue to the Edgemoor Development Fund, and the addition of no
          staff years. The revenue is the cost of a twelve-month option to allow the successful bidder
          to process a residential subdivision through the City of Santee. If more time is needed, the
          bidder will be allowed to purchase two six-month options for $75,000 each. None of the
          option money will be applied to the purchase price of the property, unless the option is
          exercised in the first 90 days of the initial option period. If the selected high bidder elects to
          exercise the option and executes the Option to Purchase with the County, future revenue is
          estimated to be a minimum of $5,000,000. No additional staff years will be required as a
          result of this action. Option payments and sale revenue are to be credited to the Edgemoor
          Development Fund, less expenses.

          BUSINESS IMPACT STATEMENT:
          It is estimated that the successful bidder will construct a minimum of 175 dwelling units on
          this County property with a projected cost over $30 million dollars, including project
          infrastructure costs. The residential project is anticipated to employ full-time construction
          workers and provide additional services and materials during the construction period.
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          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1.    Conduct the bid opening and approve the granting of an Option to Purchase County
             Parcel 2002-0086-A to the highest bidder.

          2.       Authorize the Director, Department of General Services, to perform all necessary
               actions to complete the sale of this property, including the execution of the Option to
               Purchase Agreement, escrow instructions, and a Grant Deed.

          3.       Authorize the Chief Financial Officer, Auditor and Controller, to deposit all proceeds of
               this Option to Purchase, less expenses to be credited to the Facilities Management ISF -
               Real Estate Services Division, into the Edgemoor Development Fund.

          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors
          conducted the bid opening, closed the Hearing and took action as recommended, accepting
          the bid in the amount of $15,900,000.00 from Santee Partners LLC.

          AYES:   Jacob, Slater, Horn
          ABSENT: Cox, Roberts

2.        SUBJECT:              RENEWAL OF BASE HOSPITAL REVENUE AGREEMENTS
                                (DISTRICT: ALL)

          OVERVIEW:
          Base hospitals are a key component of San Diego County’s emergency medical services system.
          They provide medical direction to the pre-hospital provider, linking them with a designated
          base hospital physician or mobile intensive care nurse who assists with crucial medical
          decisions before the patient reaches the hospital.

          There are eight base hospitals in San Diego County. Under revenue agreements with the
          County, each base hospital pays an annual designation fee of $25,000 which helps offset
          County costs for system oversight, quality improvement activities, telecommunication linkages
          and general administration. On August 10, 1999 (12), the Board approved amendments to these
          revenue agreements for the period September 1, 1999 through August 31, 2002. The
          amendments added provisions related to customer satisfaction and required base hospitals to
          have written procedures for billing pre-hospital providers (e.g. paramedics) for the cost of
          restocking any hospital supplies, equipment or medications they use.

          The current agreements will end on August 31, 2002. Board action is requested to renew the
          agreements for three years, from September 1, 2002 through August 31, 2005.

          The recommended action in this item supports the Health and Wellness initiative in the
          County’s Strategic Plan, by helping to maintain the quality of emergency medical care for all
          County residents.

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          FISCAL IMPACT:
          Funds for this proposal are included in the Fiscal Year 2002-2003 Proposed Operational Plan. If
          approved, this action will result in cost and revenue of $200,000 in Fiscal Year 2002-2003 and
          subsequent years. The funding source is base hospital designation fees. There will be no
          change in net General Fund cost and no additional staff years.

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

          2. Approve and authorize the Clerk of the Board to execute upon receipt, revenue agreements
             with the following eight base hospitals for the period September 1, 2002 through August
             31, 2005: Grossmont Hospital Corporation, $25,000 annually; Scripps Mercy Hospital,
             $25,000 annually; Scripps Memorial Hospital-Chula Vista, $25,000 annually; Scripps
             Memorial Hospital-La Jolla, $25,000 annually; Sharp Memorial Hospital, $25,000
             annually; Palomar Medical Center, $25,000 annually; Tri-City Medical Center, $25,000;
             UCSD Medical Center, $25,000 annually.

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

          AYES:   Jacob, Slater, Horn
          ABSENT: Cox, Roberts

3.        SUBJECT:             ALTERNATIVE DISPUTE RESOLUTION PROGRAM
                               REQUEST FOR PROPOSALS (DISTRICT: ALL)

          OVERVIEW:
          The California Dispute Resolution Program Act of 1986 enabled counties to raise civil court
          filing fees to fund contracts for alternative dispute resolution services. The County of San
          Diego began funding contracts for these services in July 1990. Alternative dispute resolution
          allows prospective litigants to resolve disputes themselves with the assistance of neutral
          mediators. This alternative is speedy, accessible, and successful approximately 87% percent of
          the time. By reducing the number of civil court cases, alternative dispute resolution reduces
          court operating costs and backlogs. By providing inexpensive and ready access to justice, it
          enables persons to settle disputes that might otherwise remain unresolved or escalate to
          behaviors, which disturb the peace.

          Current alternative dispute resolution contracts will terminate December 31, 2002. The
          contracts were awarded through a Request for Proposals authorized by the Board of Supervisors
          on December 8, 1998 (41) and are now in their final option year. This item requests that the
          Board of Supervisors authorize a Request for Proposals, which will result in the award of new
          contracts effective January 1, 2003.

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          Alternative dispute resolution services support the Self-Sufficiency Initiative of the County’s
          strategic plan. The services assist county residents to resolve disputes themselves rather than
          rely upon the court system. In this respect, alternative dispute resolution contributes to “an
          environment in which all individuals, regardless of income, will strive to sustain and improve
          their current situations and overall quality of life.”

          FISCAL IMPACT:
          Funding of $752,220 is included in the Health and Human Services Agency FY 2002-03
          Operational Plan. If approved, this request will result in no changes in current year costs and
          revenues, and subsequent fiscal years costs and revenues of $752,220. The funding source is
          the County of San Diego Dispute Resolution Funds. There will be no change in net General
          Fund cost and no additional staff years. Civil court filing fees were not impacted by the
          Governor’s May Revise.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          In accordance with Section 401, Article XXIII of the County Administrative Code and
          Board of Supervisors Policy A-96, Sequence for Obtaining a Chief Administrative
          Officer Determination Regarding Economy and Efficiency of Independent Contractors
          Pursuant to Charter Section 703.10, authorize the Director, Purchasing and Contracting,
          to issue a Request for Proposals for alternative dispute resolution services, and upon
          completion of successful negotiations and determination of a fair and reasonable price,
          award eighteen-month contracts for services effective January 1, 2003 through June 30,
          2004, with four option years ending June 30, 2008, and up to an additional six months
          if necessary, pending the availability of funding, and to amend the contracts as required
          for changes in services and funding, subject to the approval of the Health and Human
          Services Agency Director, and the Chief Administrative Officer’s determination of
          economy and efficiency of independent contractors.

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

          AYES:   Jacob, Slater, Horn
          ABSENT: Cox, Roberts

4.        SUBJECT:             AMENDMENTS TO THE COMPENSATION ORDINANCE
                               (DISTRICT: ALL)

          OVERVIEW:
          This action amends the San Diego County Compensation Ordinance by: 1) amending the
          duration of paid leave for the "Anti-Terrorist Campaigns"; and 2) establishing compensation for
          one classification.

          FISCAL IMPACT:
          The salary increase will be funded through the annual budget and the increased costs associated
          with extending the Anti-Terrorist Campaign leave will be funded by the individual departments.
7/16/02                                                                                            6
          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          Approve introduction (first reading) of ordinance; read title and waive further reading of
          ordinance (MAJORITY VOTE):

                 AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE, AND
                 ESTABLISHING COMPENSATION FOR ONE CLASSIFICATION.

          Submit ordinance for further Board consideration and adoption (second reading) on July 23,
          2002.

          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors
          took action as recommended, on Consent, introducing Ordinance for further consideration
          on July 23, 2002.

          AYES:   Jacob, Slater, Horn
          ABSENT: Cox, Roberts

5.        SUBJECT:            ADMINISTRATIVE ITEM:
                              SECOND CONSIDERATION AND ADOPTION OF
                              ORDINANCE: AMENDMENTS TO THE COMPENSATION
                              ORDINANCE (DISTRICT: ALL)

          OVERVIEW:
          On, June 18, 2002 (25), your Board introduced Ordinance for further Board consideration on
          July 16, 2002

          FISCAL IMPACT:

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          Adopt Ordinance entitled:

                 AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE, AND
                 ESTABLISHING COMPENSATION FOR SPECIFIC CLASSIFICATIONS.

          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors
          took action as recommended, on Consent, adopting Ordinance No. 9480 (N.S.), entitled:
          AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE, AND
          ESTABLISHING COMPENSATION FOR SPECIFIC CLASSIFICATIONS.

          AYES:   Jacob, Slater, Horn
          ABSENT: Cox, Roberts

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6.        SUBJECT:            ADMINISTRATIVE ITEM:
                              SECOND CONSIDERATION AND ADOPTION OF
                              ORDINANCE: DEPARTMENT OF GENERAL SERVICES 3RD
                              QUARTER FY 2001-2002 BUDGET ADJUSTMENTS
                              (DISTRICT: ALL)

          OVERVIEW:
          On, June 18, 2002 (19), your Board introduced Ordinance for further Board consideration on
          July 16, 2002

          FISCAL IMPACT:

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          Adopt Ordinance entitled:

              AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE
              CODE SECTION 398.16 TO REMOVE THE REFERENCE TO THE DIRECTOR OF
              GENERAL SERVICES ADMINISTERING THE INTERNAL SERVICE FUND FOR
              PURCHASING AND CONTRACTING

          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors
          took action as recommended, on Consent, adopting Ordinance No. 9481 (N.S.), entitled:
          AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE
          CODE SECTION 398.16 TO REMOVE THE REFERENCE TO THE DIRECTOR OF
          GENERAL SERVICES ADMINISTERING THE INTERNAL SERVICE FUND FOR
          PURCHASING AND CONTRACTING.

          AYES:   Jacob, Slater, Horn
          ABSENT: Cox, Roberts

7.        SUBJECT:            SECOND CONSIDERATION AND ADOPTION OF
                              ORDINANCE: AMENDMENT TO THE COUNTY
                              ADMINISTRATIVE CODE RE: THE OFFICE OF COUNTY
                              COUNSEL AND APPROVAL OF COUNTY COUNSEL
                              HOURLY RATES (DISTRICTS: ALL)

          OVERVIEW:
          On, June 18, 2002 (24), your Board introduced Ordinance for further Board consideration on
          July 16, 2002.




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          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          Adopt Ordinance entitled:

                 AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE
                 CODE RELATING TO THE OFFICE OF COUNTY COUNSEL

          (RELATES TO AIR POLLUTION CONTROL BOARD ITEM NO. 1)

          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors
          took action as recommended, on Consent, adopting Ordinance No. 9482 (N.S.), entitled:
          AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE
          CODE RELATING TO THE OFFICE OF COUNTY COUNSEL.

          AYES:   Jacob, Slater, Horn
          ABSENT: Cox, Roberts

8.        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 Horn, the Board of Supervisors
          took action as recommended, on Consent.

          AYES:   Jacob, Slater, Horn
          ABSENT: Cox, Roberts




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9.        SUBJECT:             SET HEARING FOR 8/6/02
                               SET A HEARING TO ACQUIRE PARCEL NO. 98-0238-A (1168
                               UNION STREET, LLC) (DISTRICT: 1)

          OVERVIEW:
          On August 11, 1998 (22), the Board of Supervisors authorized the Department of General
          Services to enter into negotiations with the owners of the property bounded by Union, State, B
          and C Streets in downtown San Diego. On May 16, 2000 (11), the Board approved option
          agreements for two of the four parcels on that block. On August 7, 2001 (10), the Board
          authorized the acquisition of those two parcels, owned by Realty Parking Properties II L.P. and
          Stahlman Bail Bonds Benefit Plan. On that date, the Board also approved an option agreement
          with 1168 Union Street, LLC covering the third parcel.

          The Board is requested to set a hearing for August 6, 2002 to consider exercising the Option to
          Purchase Parcel No. 98-0238-A from 1168 Union Street, LLC for $2,750,000. Option
          payments in the amount of $62,000 previously made to this owner will be credited against the
          purchase price.

          FISCAL IMPACT:
          There is no fiscal impact associated with this request to set a hearing for August 6, 2002.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1.     Direct the Director, Department of General Services to publish the required Notice
             of Intention to Purchase in accordance with Government Code Sections 25350 and 6063.

          2.      Set a hearing for August 6, 2002, at which time the Board of Supervisors may
               consider the purchase of Parcel No. 98-0238-A from 1168 Union Street, LLC.

          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors
          took action as recommended, on Consent; and setting Hearing for August 6, 2002, 9:00 a.m.

          AYES:   Jacob, Slater, Horn
          ABSENT: Cox, Roberts

10.       SUBJECT:             PLEDGING SAN DIEGO COUNTY'S ALLEGIANCE TO THE
                               PLEDGE OF ALLEGIANCE (DISTRICT: ALL)

          OVERVIEW:
          On June 26, 2002, the 9th US Circuit Court of Appeals ruled that the Pledge of Allegiance is
          unconstitutional. Attorney General John Ashcroft has stated that the government will seek a
          rehearing.




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          Today's action publicly supports this country's existing Pledge of Allegiance by adopting a
          Resolution in support of the Pledge, urging all cities and school districts to adopt a similar
          resolution and urging the President to seek a rehearing of the case.

          FISCAL IMPACT:
          These actions can be performed within the existing budget.

          RECOMMENDATION:
          SUPERVISOR JACOB AND VICE CHAIRMAN COX
          1. Adopt the attached Resolution expressing the Board of Supervisors' support of the
             Pledge of Allegiance.

          2. Direct the Chief Administrative Officer to draft a letter for the Chairman's signature
             urging the 18 cities and 43 school districts throughout the region to adopt a similar
             resolution.

          3. Direct the Chief Administrative Officer to draft a letter for the Chairman's signature to
             George W. Bush, President of the United States, urging him to seek a rehearing and
             letting him know this County's official position of support for the Pledge of Allegiance.

          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors
          took action as recommended, on Consent, adopting Resolution No. 02-242, entitled:
          RESOLUTION OF THE BOARD OF SUPERVISORS SUPPORT FOR THE PLEDGE OF
          ALLEGIANCE.

          AYES:   Jacob, Slater, Horn
          ABSENT: Cox, Roberts

11.       SUBJECT:            CLOSED SESSION (DISTRICT: ALL)

          OVERVIEW:
          A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
             Pacific Indemnity Insurance Co. v. County of San Diego; County of San Diego v. Cigna
             Property & Casualty Co.; San Diego County Superior Court No. GIC 732418

          B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
             County of San Diego v. Charles Tappe, et al.; San Diego Superior Court No.
             UN008643

          C. CONFERENCE WITH LEGAL COUNSEL – THREATENED LITIGATION
             Anticipated litigation pursuant to section (b) of Government Code section 54956.9No. of
             Potential Cases: 1



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             ACTION:
             Any reportable matters will be announced prior to the Wednesday, July 17, 2002, Board of
             Supervisors Planning and Land Use and Housing Authority meeting.


 12.         SUBJECT:        PRESENTATIONS AND AWARDS

             OVERVIEW:
             Supervisor Jacob presented a Proclamation honoring Volunteer of the Month to Miranda Cryns
             and Jamie Flynn (Jamie was absent).

             Supervisor Slater presented a Proclamation honoring the 12th Annual Burn Run/Fire Expo to
             Mike Nuames.

             Supervisor Horn presented a Proclamation honoring the 50th Anniversary of the City of
             Carlsbad to Councilwoman Julie Nygaard

There being no further business, the Board adjourned at 10:58 a.m. in memory of Daniel McCollum,
Ernest Blake, James Joseph Naughton, Paul Graham and Edgar Pankey.


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


Notes by: Andoh

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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