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STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING
TUESDAY, SEPTEMBER 16, 2008
Board Of Supervisors North Chamber
1600 Pacific Highway, Room 310, San Diego, California
Order of Business
MORNING SESSION: – Meeting was called to order at 9:04 a.m.
PRESENT: Supervisors Greg Cox, Chairman; Dianne Jacob, Vice Chairwoman;
Pam Slater-Price; Ron Roberts; Bill Horn; also Thomas J. Pastuszka, Clerk.
Invocation was led by Pastor Tim Tiffany from East Village Community Church in San
Diego.
Pledge of Allegiance was led by Mr. Colin Shadell from the Veterans Home of California
– Chula Vista.
Approval of Statement of Proceedings/Minutes for Meeting of August 5, 2008.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Slater-Price, the Board of
Supervisors approved the Statement of Proceedings/Minutes for Meeting of
August 5, 2008.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
9/16/08 1
Category Agenda No. Subject
Public Safety 1. SHERIFF’S ACCEPTANCE OF THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY
AVOID DUI CAMPAIGN (SAN DIEGO
COUNTY) GRANT
[FUNDING SOURCE(S): UNANTICIPATED
GRANT REVENUE FROM THE CALIFORNIA
OFFICE OF TRAFFIC SAFETY]
(4 VOTES)
2. SHERIFF’S ACCEPTANCE OF THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY
DUI ENFORCEMENT AND AWARENESS
PROGRAM GRANT
[FUNDING SOURCE(S): UNANTICIPATED
GRANT REVENUE FROM THE CALIFORNIA
OFFICE OF TRAFFIC SAFETY]
(4 VOTES)
3. SHERIFF’S ACCEPTANCE OF THE SAN DIEGO
COUNTY LAW ENFORCEMENT
FOUNDATION’S 2008 LIFE SAVING
EQUIPMENT GRANT AND REQUEST FOR
BUDGET ADJUSTMENT FOR THE
CALIFORNIA STATE PARKS’ OFF-HIGHWAY
VEHICLE GRANT
[FUNDING SOURCE(S): UNANTICIPATED
GRANT REVENUE FROM THE SAN DIEGO
COUNTY LAW ENFORCEMENT FOUNDATION
AND CALIFORNIA STATE PARKS’ OFF-
HIGHWAY VEHICLE GRANT]
(4 VOTES)
4. DISTRICT ATTORNEY: REQUEST FOR
PROPOSAL FOR BAD CHECK ENFORCEMENT
PROGRAM
5. DISTRICT ATTORNEY PROJECT SAFE
NEIGHBORHOODS GRANT
[FUNDING SOURCE(S): U.S. DEPARTMENT OF
JUSTICE, BUREAU OF JUSTICE ASSISTANCE
PROJECT SAFE NEIGHBORHOODS
PROGRAM]
(4 VOTES)
9/16/08 2
Category Agenda No. Subject
Health and Human 6. MENTAL HEALTH SERVICES – COMPETITIVE
Services SOLICITATION FOR THERAPEUTIC
BEHAVIORAL SERVICES
[FUNDING SOURCE(S): SHORT DOYLE MEDI-
CAL FFP; EARLY PERIODIC SCREENING,
TREATMENT AND DIAGNOSIS; AND MENTAL
HEALTH REALIGNMENT]
Financial and General 7. BRINGING PUBLIC ART TO THE “COW”NTY
Government ADMINISTRATION CENTER
8. ALLOCATION OF COMMUNITY PROJECTS
FUNDS AND AMENDMENT OF COMMUNITY
ENHANCEMENT ALLOCATION (DISTRICT: 5)
(4 VOTES)
9. A FAIR REVIEW OF RENEWABLE ENERGY
PROJECTS
10. LOCAL COMMUNITY PROJECTS GRANTS
(DISTRICT THREE)
[FUNDING SOURCE(S): COMMUNITY
PROJECTS BUDGET (Org 15660)]
11. AUTHORIZATION FOR COUNTY RECORDER
TO EXECUTE A MULTI-COUNTY
AGREEMENT BETWEEN THE COUNTIES OF
LOS ANGELES, ORANGE, RIVERSIDE AND
SAN DIEGO FOR THE SHARED OWNERSHIP
AND ONGOING MAINTENANCE OF AN
ELECTRONIC RECORDING DELIVERY
SYSTEM
[FUNDING SOURCE(S): E-RECORDING TRUST
FUND]
12. NOTICED PUBLIC HEARING:
APPROVAL OF THE ISSUANCE OF BONDS BY
THE ABAG FINANCING AUTHORITY FOR
NONPROFIT CORPORATIONS FOR POINT
LOMA NAZARENE UNIVERSITY IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $35,000,000
9/16/08 3
Category Agenda No. Subject
13. RELEASE AND SUBSTITUTION OF CERTAIN
PROPERTY SUBJECT TO LEASES BETWEEN
THE COUNTY AND THE SAN DIEGO CAPITAL
ASSET LEASING CORPORATION AND
TERMINATION OF CERTAIN LEASES IN
ORDER TO CLEAR TITLE
14. GENERAL OBLIGATION BONDS OF SCHOOL
FACILITIES IMPROVEMENT DISTRICT NO.
2007-1 OF THE POWAY UNIFIED SCHOOL
DISTRICT, 2008 ELECTION, SERIES A
15. AMENDMENT TO THE COMPENSATION
ORDINANCE
Communications 16. COMMUNICATIONS RECEIVED
Received
Appointments 17. ADMINISTRATIVE ITEM:
APPOINTMENTS
Community Services 18. NOTICED PUBLIC HEARING:
BID OPENING TO SELL REAL PROPERTY –
HELIX STREET, SPRING VALLEY; COUNTY
PARCEL NO. 2008-0119-A
19. NOTICED PUBLIC HEARING:
PUBLIC HEARING ON FISCAL YEAR 2007-08
PERFORMANCE REPORT FOR DEPARTMENT
OF HOUSING AND COMMUNITY
DEVELOPMENT ENTITLEMENT PROGRAMS
20. NOTICED PUBLIC HEARING:
SET HEARING FOR 3/3/09: FISCAL YEAR 2009-
10 STRATEGY FOR CDBG, HOME, ESG, AND
HOPWA PROGRAMS AND AUTHORIZATION
TO ISSUE NOFAS OR REQUESTS FOR
PROPOSALS FOR OTHER HOUSING AND
COMMUNITY DEVELOPMENT PROJECTS
[FUNDING SOURCE(S): COMMUNITY
DEVELOPMENT BLOCK GRANT, HOME
INVESTMENT PARTNERSHIPS, EMERGENCY
SHELTER GRANT, AND HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS
PROGRAMS]
9/16/08 4
Category Agenda No. Subject
21. TRANSFER OF COURT FACILITIES TO STATE
OF CALIFORNIA, JUDICIAL COUNCIL,
PURSUANT TO TRIAL COURT FACILITIES
ACT OF 2002 (SB 1732)
(4 VOTES)
22. ACCEPTANCE OF DONATIONS TO THE
DEPARTMENT OF ANIMAL SERVICES
23. SET HEARING FOR 10/14/08:
RAMONA LIBRARY – ACQUISITION OF 0.52
ACRE SITE, ASSESSOR’S PARCEL NUMBER
281-191-07 (MEADOW BUILDERS, INC.)
[FUNDING SOURCE(S): GENERAL FUND
FUND BALANCE]
Financial and General 24. ALLOCATION OF COMMUNITY PROJECTS
Government FUNDING (DISTRICT: 4)
25. OPPOSITION TO PROPOSITION 5,
NONVIOLENT OFFENDER REHABILITATION
ACT OF 2008 (NORA)
Closed Session 26. CLOSED SESSION (DISTRICTS: ALL)
Presentations/Awards 27. PRESENTATIONS/AWARDS
Public Communication 28. PUBLIC COMMUNICATION
9/16/08 5
1. SUBJECT: SHERIFF’S ACCEPTANCE OF THE CALIFORNIA
OFFICE OF TRAFFIC SAFETY AVOID DUI CAMPAIGN
(SAN DIEGO COUNTY) GRANT (DISTRICTS: ALL)
OVERVIEW:
This is a request to ratify the submission and authorize the Sheriff to accept a
$1,069,417 grant from the California Office of Traffic Safety under the Avoid
DUI Campaign (San Diego County) for the period beginning October 1, 2008
through January 31, 2012. The Sheriff’s Department will serve as the lead
agency for this regional DUI effort to reduce alcohol involved fatalities and
injuries and raise general public awareness relating to the problems associated
with drinking and driving. Agencies that will be participating in enforcement
operations include the Cities of Carlsbad, Chula Vista, Coronado, El Cajon,
Escondido, La Mesa, National City, Oceanside, and San Diego through their
respective police departments; college police departments of San Diego State
University (SDSU), University of California San Diego (UCSD), and the San
Diego Community College District (SDCCD); the Probation Department; the
Department of Alcoholic Beverage Control (ABC); and the California Highway
Patrol. Mothers Against Drunk Driving (MADD) will provide support for press
conferences, multi-media educational shows at schools, and educational materials
for distribution at DUI checkpoints. There is no local match requirement for this
grant.
FISCAL IMPACT:
Funds for this request are not included in the Sheriff’s Fiscal Year 2008-10
Operational Plan. The funding source is unanticipated grant revenue from the
California Office of Traffic Safety. If approved, this request will result in Fiscal
Year 2008-09 costs and revenue of $264,138 and Fiscal Year 2009-10 costs and
revenue of $350,311, and will require the addition of zero staff years. Subsequent
to the Sheriff’s Fiscal Year 2008-10 Operational Plan, there will also be costs and
revenue of $366,131 in Fiscal Year 2010-11 and costs and revenue of $88,837 in
Fiscal Year 2011-12.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
SHERIFF
1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department
Responsibility for Cost Recovery, which requires full cost recovery for grants
and requires that Board approval be given in advance of application for funds.
2. Ratify the submission and authorize the acceptance of a grant in the amount
of $1,069,417 from the California Office of Traffic Safety for the period
beginning October 1, 2008 and ending January 31, 2012.
9/16/08 1
3. Authorize the Sheriff to execute the California Office of Traffic Safety grant
documents, including any annual extensions, amendments, and/or revisions
thereof that do not materially impact or alter the services or funding level.
4. Establish appropriations of $264,138 in the Sheriff’s Department for salaries
and benefits ($133,621) and services and supplies ($130,517) based on
unanticipated revenue from the California Office of Traffic Safety.
(4 VOTES)
5. Approve expenditure contracts totaling $458,001 for the Cities of Carlsbad,
Chula Vista, Coronado, El Cajon, Escondido, La Mesa, National City,
Oceanside, and San Diego through their respective police departments (PD);
college police departments of SDSU, UCSD, and SDCCD; the County of San
Diego Probation Department, and MADD for services related to the Avoid
DUI Campaign grant not to exceed $109,881 in Fiscal Year 2008-09 ($7,500
each for seven of the police departments with the exception of San Diego at
$24,000; $3,750 each for Coronado PD, the Probation Dept. and Dept. of
ABC; $1,559 each for SDSU and UCSD; and $19,013 for MADD) and
$151,050 in Fiscal Year 2009-10 ($10,375 each for seven of the police
departments with the exception of San Diego at $33,200; $5,187 each for
Coronado PD, the Probation Dept., and Dept. of ABC; $2,157 each for SDSU
and UCSD; and $25,350 for MADD). Subsequent to Fiscal Year 2009-10,
there will be $157,337 in Fiscal Year 2010-11 ($10,894 each for seven of the
police departments with the exception of San Diego at $34,860; $5,447 each
for Coronado PD, the Probation Dept., and Dept. of ABC; $2,264 each for
SDSU and UCSD; and $25,350 for MADD) and $39,733 in Fiscal Year
2011-12 ($2,756 each for seven of the police departments with the exception
of San Diego at $8,820; $1,379 each for Coronado PD, the Probation Dept.,
and Dept. of ABC; $573 each for SDSU and UCSD; and $6,338 for MADD).
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. SUBJECT: SHERIFF’S ACCEPTANCE OF THE CALIFORNIA
OFFICE OF TRAFFIC SAFETY DUI ENFORCEMENT
AND AWARENESS PROGRAM GRANT
(DISTRICTS: ALL)
OVERVIEW:
This request is to ratify the submission and authorize the acceptance of a
$524,441 grant from the California Office of Traffic Safety under the DUI
Enforcement and Awareness Program for the period beginning October 1, 2008
through September 30, 2009. Grant funds will be used by the Sheriff’s
Department to continue its effort to aggressively enforce impaired driving and
9/16/08 2
violation of driver’s license laws within the nine contract cities it serves. There is
no local match requirement for this grant.
FISCAL IMPACT:
Funds for this request are not included in the Sheriff’s Fiscal Year 2008-10
Operational Plan. The funding source is unanticipated grant revenue from the
California Office of Traffic Safety. If approved, this request will result in Fiscal
Year 2008-09 costs and revenue of $407,131 and Fiscal Year 2009-10 costs and
revenue of $117,310, and will require the addition of zero staff years.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
SHERIFF
1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department
Responsibility for Cost Recovery, which requires full cost recovery for grants
and requires that Board approval be given in advance of application for funds.
2. Ratify the submission and authorize the acceptance of a grant in the amount
of $524,441 from the California Office of Traffic Safety for the period
beginning October 1, 2008 and ending September 30, 2009.
3. Authorize the Sheriff to execute the California Office of Traffic Safety grant
documents, including any annual extensions, amendments, and/or revisions
thereof that do not materially impact or alter the services or funding level.
4. Establish appropriations of $407,131 in the Sheriff’s Department for salaries
and benefits ($351,929), services and supplies ($13,750), and fixed assets
($41,452 for two electronic message boards) based on unanticipated revenue
from the California Office of Traffic Safety. (4 VOTES)
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. SUBJECT: SHERIFF’S ACCEPTANCE OF THE SAN DIEGO
COUNTY LAW ENFORCEMENT FOUNDATION’S 2008
LIFE SAVING EQUIPMENT GRANT AND REQUEST
FOR BUDGET ADJUSTMENT FOR THE CALIFORNIA
STATE PARKS’ OFF-HIGHWAY VEHICLE GRANT
(DISTRICTS: ALL)
OVERVIEW:
This request is to ratify the submission and authorize the acceptance of a $6,833
grant from the San Diego County Law Enforcement Foundation (SDCLEF) under
9/16/08 3
their 2008 Life Saving Equipment grant. There is no local match requirement
for this grant.
This request is also for a budget adjustment for the California State Parks’ Off-
Highway Vehicle (OHV) grant in the amount of $62,000. On
September 18, 2007 (2), your board ratified the submission of the Sheriff’s
application to the California State Parks’ Off-Highway Recreation Division for its
Off-Highway Vehicle grant and authorized the acceptance of the $62,000 grant
on the condition that if the grant was approved, the Sheriff would return to the
Board to request a budget adjustment for the grant amount. The funds were
awarded in May 2008 for the period from January 1, 2008 through
March 31, 2009.
FISCAL IMPACT:
Funds for this request are not included in the Sheriff’s Fiscal Year 2008-10
Operational Plan. The funding source is unanticipated grant revenue from the
San Diego County Law Enforcement Foundation ($6,833) and California State
Parks’ Off-Highway Vehicle grant ($62,000). If approved, this request will result
in Fiscal Year 2008-09 costs and revenue of $68,833 and will require the addition
of zero staff years.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
1.SHERIFF Formatted: Bullets and Numbering
1. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department
Responsibility for Cost Recovery, which requires full cost recovery for grants
and requires that Board approval be given in advance of application for funds.
2. Ratify the submission and authorize the acceptance of a grant in the amount
of $6,833 from the San Diego County Law Enforcement Foundation for
Fiscal Year 2008-09.
3. Authorize the Sheriff to execute the San Diego County Law Enforcement
Foundation grant documents, including any annual extensions, amendments,
and/or revisions thereof that do not materially impact or alter the services or
funding level.
4. Establish appropriations of $6,833 in the Sheriff’s Department for services
and supplies for the George Bailey Detention Facility ($3,910) and the Las
Colinas Detention Facility ($2,923) based on unanticipated revenue from the
San Diego County Law Enforcement Foundation. (4 VOTES)
5. Establish appropriations of $62,000 in the Sheriff’s Department for salaries
and benefits ($46,100) and services and supplies ($15,900) based on
unanticipated revenue from the California State Parks’ Off-Highway Vehicle
grant. (4 VOTES)
9/16/08 4
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. SUBJECT: DISTRICT ATTORNEY: REQUEST FOR PROPOSAL
FOR BAD CHECK ENFORCEMENT PROGRAM
(DISTRICTS: ALL)
OVERVIEW:
This is a request to approve a negotiated procurement process and revenue
contract with a private contractor to provide the Office of the District Attorney
with bad check enforcement services in San Diego County. The successful
contractor will assist the County of San Diego in the recovery of restitution for
victims of bad checks drawn against closed or non-sufficient funds (NSF)
accounts, and will refer bad check cases to the District Attorney for criminal
prosecution. The program will result in a revenue sharing agreement with the
contractor for the term of the agreement.
FISCAL IMPACT:
The funds for this request are included in the Fiscal Year 2008-10 Adopted
Operational Plan. If approved, this request will result in Fiscal Year 2008-09
costs and revenue of $37,000. No additional staff years are required as a result of
this action.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
DISTRICT ATTORNEY
1. In accordance with Section 401, Article XXIII of the County Administrative
Code authorize the Director, Department of Purchasing and Contracting to
issue a competitive solicitation for the District Attorney’s Check Enforcement
Program for bad check enforcement services and upon successful
negotiations, and determination of a fair and reasonable price award contracts
for a term of one year, with four option years from the date of award and up
to an additional six months if needed, and to amend the contracts after award
as needed to reflect changes to services and funding, subject to approval of
the District Attorney.
2. Approve and authorize the District Attorney to execute a Revenue Agreement
with the successful contractor in an amount and for a period to be determined,
to fully offset the cost of administering the above contract and program.
9/16/08 5
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
5. SUBJECT: DISTRICT ATTORNEY PROJECT SAFE
NEIGHBORHOODS GRANT (DISTRICTS: ALL)
OVERVIEW:
Project Safe Neighborhoods (PSN) is a national program funded by the U.S.
Department of Justice, Bureau of Justice Assistance. PSN is designed to reduce
gun violence and gun crime by linking existing local crime prevention programs
together and providing them with the additional tools necessary to be successful.
The San Diego PSN Task Force completed a local strategy for the use of the
funds and will allocate the remaining funds to projects that best support the
strategy. This request is to (a) establish appropriations of $371,886 in the District
Attorney’s Office for Contributions to Other Agencies; (b) authorize the Director,
Purchasing and Contracting to enter into negotiations with The Children’s
Initiative and subject to successful negotiations and determination of a fair and
reasonable price, award a contract for Youth Gun Violence Reduction for the
period beginning January 1, 2008 through December 31, 2008, utilizing the
remaining grant funds the County was authorized to accept on December 9, 2003
(8), and to ratify the contract for services beginning January 1, 2008 which total
$39,152; (c) approve expenditure contracts for services related to the 2003 PSN
Program grant not to exceed $100,000 each over the grant period, with agencies
determined by the San Diego PSN Task Force; and (d) authorize the District
Attorney to execute grant agreements and other grant documents including
extensions and amendments that do not materially impact or alter either the grant
program or funding level.
FISCAL IMPACT:
Funds for this request are not included in the Fiscal Year 2008-10 Adopted
Operational Plan. If approved, this request will result in costs and revenue of
$371,886. The funding source is the U.S. Department of Justice, Bureau of
Justice Assistance Project Safe Neighborhoods Program. This request will not
require additional staff years.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
DISTRICT ATTORNEY
1. Establish appropriations of $371,886 in the District Attorney’s Office for
Contributions to Other Agencies, for Project Safe Neighborhoods programs
based on unanticipated revenue from the United States Department of
Justice. (4 VOTES)
9/16/08 6
2. In accordance with Board Policy A-87, Competitive Procurement, approve
and authorize the Director, Purchasing and Contracting to enter into
negotiations with The Children’s Initiative and subject to successful
negotiations and determination of a fair and reasonable price, award a
contract for Youth Gun Violence Reduction for one year for the period
beginning January 1, 2008 and ending December 31, 2008, to amend the
contracts as needed to reflect changes to services and funding, subject to
approval of the District Attorney, and to ratify the contract for services
beginning January 1, 2008 which total $39,152. Waive the advertising
requirement of Board Policy A-87.
3. Approve expenditure contracts totaling $225,165 for services related to the
2003 Project Safe Neighborhoods Program grant not to exceed $100,000
each over the grant period, with agencies determined by the San Diego
Project Safe Neighborhoods Task Force and authorize the District Attorney
to enter into and execute contracts with each respective agency.
4. Authorize the District Attorney to execute grant agreements and other grant
documents including extensions and amendments that do not materially
impact or alter either the grant program or funding level.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
6. SUBJECT: MENTAL HEALTH SERVICES – COMPETITIVE
SOLICITATION FOR THERAPEUTIC BEHAVIORAL
SERVICES (DISTRICTS: ALL)
OVERVIEW:
The County of San Diego’s Health and Human Services Agency provides a
continuum of comprehensive mental health services for children, adolescents and
their families. On October 17, 2000 (1), the Board approved the Early and
Periodic Screening, Diagnosis and Treatment (EPSDT) plan which expanded
services available within the Children’s Mental Health system of care using State
funding.
EPSDT services include Therapeutic Behavioral Services (TBS) focusing on one-
on-one behavioral management for high-risk youth. These services are provided
throughout the County and serve on average 140 children and their families each
year. TBS services are available for Medi-Cal beneficiaries under the age of 21.
Costs are reimbursed to the County through State funding. The current TBS
contract was awarded on July 1, 2004 and expires on June 30, 2009. Board
authority is requested to issue a competitive solicitation to reprocure TBS
services with an anticipated effective date of July 1, 2009.
9/16/08 7
FISCAL IMPACT:
Funds for this request are included in the FY 2008-10 Operational Plan for the
Health and Human Services Agency. If approved, this request will result in
current year and subsequent year costs and revenues in the amount of $1,200,000.
Funding sources are Short Doyle Medi-Cal FFP; Early Periodic Screening,
Treatment and Diagnosis; and Mental Health Realignment. There will be no
change in Net General Fund Cost and no additional staff years.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
In accordance with Section 401 et seq. of the County Administrative Code,
authorize the Director, Department of Purchasing and Contracting to issue a
competitive solicitation for Therapeutic Behavioral Services (TBS), and upon
successful negotiation and determination of a fair and reasonable price, award a
contract for a term of one year, with three option years and up to an additional six
months if needed, and to amend the contract as needed to reflect changes to
services and funding, subject to approval of the Director, Health and Human
Services Agency.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
7. SUBJECT: BRINGING PUBLIC ART TO THE “COW”NTY
ADMINISTRATION CENTER (DISTRICTS: ALL)
OVERVIEW:
In February 2009, our region will be home to one of the world’s largest and most
popular public art exhibitions, the CowParade. The exhibition features life-sized
fiberglass cows – designed and painted by local artists – that are placed in public
spaces. The event has been held in more than 50 cities on six continents and has
been seen by more than 100 million people. The event raises money for local
charities through the sale of the cow statues.
The County Administration Center (CAC), because of its prominence and
location, has been selected as a potential site to host some of the statues that will
be part of CowParade San Diego. As many as five (5) cow statues would be
placed on the grounds of the CAC. Two would be placed on Harbor Drive, near
the Askew Building; two would be placed on the grassy portion of Harbor Drive
near Ash Street and one would be placed on a grassy portion of the east end of
the CAC, facing Pacific Highway.
9/16/08 8
Today’s action would direct the Clerk of the Board of Supervisors to negotiate an
agreement with CowParade San Diego LLC to allow the exhibit to be located at
the CAC.
FISCAL IMPACT:
There will be no fiscal impact. All costs for the installation and removal of the
cows are to be paid by the organizers of CowParade.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHAIRMAN COX AND VICE CHAIRWOMAN JACOB
1. Direct the Clerk of the Board of Supervisors, to negotiate, and upon
successful negotiations execute, an agreement with CowParade San Diego
LLC allowing up to five (5) life-sized fiberglass cows to be placed on the
grounds of the CAC.
2. Direct the Clerk of the Board of Supervisors to forge an agreement that
includes the following terms: a) Chair of the Board of Supervisors’ approval
of the cows to be displayed at the CAC; b) protection of the County and
taxpayers from incurring any costs arising from the placement of the cows at
the CAC; c) a requirement that CowParade San Diego LLC restore or pay to
be restored the grounds of the CAC to their previous condition and pay for
any damage incurred by their placement on the grounds; and d) other terms
and conditions, including liability protections for the County, that the County
negotiators deem necessary and appropriate to include in the agreement.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
8. SUBJECT: ALLOCATION OF COMMUNITY PROJECTS FUNDS
AND AMENDMENT OF COMMUNITY ENHANCEMENT
ALLOCATION (DISTRICT: 5)
OVERVIEW:
Community Projects Funding assists non-profit organizations in providing
essential services to citizens of San Diego County. Reinvesting taxpayer money
in worthwhile organizations is a benefit to the citizens and communities of North
County.
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
9/16/08 9
RECOMMENDATION:
SUPERVISOR HORN
1. Allocate $10,000.00 from Community Projects Budget (15670) to the Rotary
Club of Fallbrook for reimbursement of outstanding costs for marketing,
food, venue, supplies, and entertainment associated with the September 2008
“Lobster on the Green” event in Fallbrook.
2. Allocate $5,000.00 from Community Projects Budget (15670) to the San
Diego Futures Foundation for training materials and website development for
the “eLearn2Earn” computer oriented after school program.
3. Allocate $4,000.00 from Community Projects Budget (15670) to Valley
Center Parks & Recreation District for marketing, food, venue, supplies, and
entertainment costs associated with a free “Concert in the Park” event.
4. Allocate $20,000.00 from Community Projects Budget (15670) to the Rancho
Santa Fe Library Guild for the supplies and labor necessary to repaint the
interior of the Rancho Santa Fe Library.
5. Allocate $200,000.00 from Community Projects Budget (15670) to The Old
Globe Theatre for production costs (marketing, food, supplies, and
performances), and to go toward the costs associated with building a proposed
new second stage and education center.
6. Allocate $10,000.00 from Community Projects Budget (15670) to Fallbrook
Healthcare Foundation for landscaping costs at the Pittenger Building in
Fallbrook.
7. Allocate $4,665.00 from Community Projects Budget (15670) to Keep
Fallbrook Clean and Green for nine 55-gallon containers, shipping costs, and
processing and recycling of used batteries for their Household Battery
Recycling Program.
8. Allocate $3,300.00 from Community Projects Budget (15670) to Montezuma
Valley Historical Society for display cases, exterior lighting, and wiring costs
to restore the historical school house near Heritage Park in Ranchita.
9. Allocate $3,750.00 from Community Projects Budget (15670) to North San
Diego County Association of Realtors to pay for printing and distribution
costs of disaster guide folders.
10. Allocate $5,000.00 from Community Projects Budget (15670) to TERI, Inc.
for supplies, training, and horse care costs associated with providing
equestrian lessons for their young students.
11. Find that the allocations to Paradise Community Service and Friends of
Valley Center Library are exempt from the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines section 15301.
9/16/08 10
12. Allocate $2,500.00 from Community Projects Budget (15670) to Paradise
Community Service for building materials and construction costs of building
a “Wall of Courage” to remember fallen soldiers at Grape Day Park in
Escondido.
13. Allocate $56,000.00 from Community Projects Budget (15670) to Friends of
the Valley Center Library to construct a pathway, purchase new furniture,
supplies, and educational materials associated with youth and teen programs
at the Library in Valley Center.
14. Allocate $20,000.00 from Community Projects Budget (15670) to College of
Borrego Foundation for computer hardware, connectivity, software, furniture,
and labor costs associated with constructing a new “Distance Learning
Resource Center” at the College of Borrego.
15. Allocate $2,000.00 from Community Projects Budget (15670) to Valley
Center Art Association to provide art scholarships and art supplies for
students in Valley Center schools.
16. Amend the purpose of the January 30, 2007 (25) allocation of $50,000 to
Miles Ahead Ministries to include ongoing website support and marketing
costs. Authorize the Chief Financial Officer to amend the grant agreement
accordingly.
17. Amend the purpose of the FY2007/2008 Community Enhancement Grant
allocation to the San Diego Archaeological Center to include cabinet and
countertop construction and repair costs at the Center. Authorize the Chief
Financial Officer to amend the grant agreement accordingly.
18. Rescind the March 20, 2007 (20) allocation of $3,000.00 from Community
Projects budget (15670) to Sharp Healthcare Foundation to purchase and
install TACT software so the funds can be reallocated to other projects.
(4 VOTES)
19. Authorize the Chief Financial Officer to execute a grant agreement with the
organizations listed above, establishing terms for receipt of the funds
described above and to make minor amendments to the agreement that are
consistent with the general purpose of the grant but do not increase the grant.
20. Find that these grant awards have a public purpose.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
9/16/08 11
9. SUBJECT: A FAIR REVIEW OF RENEWABLE ENERGY PROJECTS
(DISTRICT: 2)
OVERVIEW:
California is experiencing a boom in the development of clean, renewable sources
of energy, including wind, solar and geothermal generation. Southern
California’s deserts and other eastern rural areas are experiencing a proliferation
of proposals for renewable generation projects, most on federal public lands. A
landmark Memorandum of Understanding (MOU) between San Bernardino
County and the Bureau of Land Management (BLM) seeks to give that county an
adequate voice in the processing of renewable projects by requiring both
jurisdictions to work collaboratively together on environmental reviews and
public participation.
In recent years, proposals for renewable energy projects, particularly wind
energy, have increased in the eastern area of San Diego County, most on federal
land. Today’s action will determine whether an MOU, modeled after the existing
MOU between San Bernardino and BLM, might be beneficial to San Diego
County.
FISCAL IMPACT:
There is no fiscal impact associated with this recommendation.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
VICE-CHAIRWOMAN JACOB
Direct the Chief Administrative Officer to analyze the existing MOU between the
Bureau of Land Management and San Bernardino County regarding renewable
energy projects and, if determined beneficial, work with BLM to establish a
similar MOU with the County of San Diego.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
10. SUBJECT: LOCAL COMMUNITY PROJECTS GRANTS
(DISTRICT: 3)
OVERVIEW:
Funding for the Community Projects Grant program was included in the fiscal
year 2008-2009 adopted budget in order to further public purposes throughout the
County.
9/16/08 12
FISCAL IMPACT:
The current year total combined cost of these 12 projects is $225,521. The
funding source is the Community Projects Budget (org 15660). This will result in
the addition of no staff years and no future year costs.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
SUPERVISOR SLATER-PRICE
1. Allocate $5,000 from the Community Projects Grant Budget (org 15660) to
the San Diego Futures Foundation for computer training, web development,
and marketing materials for the San Diego Broadband Initiative.
2. Allocate $10,000 from the Community Projects Grant Budget (org 15660) to
the San Diego Foundation to assist with marketing, venue, and supply costs
for the Rancho Bernardo Community Foundation’s annual Thanksgiving
Luncheon on November 25, 2008, and Pathway of Pride event in spring 2009.
3. Allocate $5,000 from the Community Projects Grant Budget (org 15660) to
the Kiwanis Club of Tierrasanta to assist with the cost of fireworks for their
Oktoberfest event on October 11, 2008, and Tierrafest event on
May 16, 2009.
4. Allocate $5,000 from the Community Projects Grant Budget (org 15660) to
Project Wildlife to assist with marketing, venue, and entertainment costs
associated with their 2nd Annual We Like it Wild fundraiser on Sunday,
September 21, 2008.
5. Allocate $15,000 from the Community Projects Grant Budget (org 15660) to
the Kyoto Symposium Organization to assist with marketing, venue, and
professional service costs associated with the Kyoto Prize: Celebrating
Outstanding Human Achievement opening benefit gala on March 18, 2009.
6. Allocate $5,000 from the Community Projects Grant Budget (org 15660) to
the Lions Club of Encinitas to assist with marketing, venue, supply, and
entertainment costs for the Harvestfest 2008 fundraiser on October 18, 2008.
7. Allocate $4,521 from the Community Projects Grant Budget (org 15660) to
the Encinitas Historical Society for the purchase of a laptop computer and
processor, two desk top computers, a computer monitor, and their DVD Oral
History project.
8. Allocate $3,500 from the Community Projects Grant Budget (org 15660) to
Discover Pacific Beach for marketing, venue, and supply costs for the annual
Pacific Beach Holiday Parade in December 2008.
9/16/08 13
9. Allocate $12,500 from the Community Projects Grant Budget (org 15660) to
the Old Globe for marketing, venue, supply, and entertainment costs for The
Old Globe Gala on September 20, 2008.
10. Allocate $150,000 from the Community Projects Grant Budget (org 15660) to
the Lux Art Institute for the purchase of a one-acre parcel at 1578 S. El
Camino Real, Encinitas, CA 92024.
11. Find that the allocation to Interfaith Community Services is exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines
section 15301.
12. Allocate $5,000 from the Community Projects Grant Budget (org 15660) to
Interfaith Community Services for costs associated with rehabilitating nine 4-
plex apartments as part of the Family Housing Program.
13. Allocate $5,000 from the Community Projects Grant Budget (org 15660) to
the U.S. Green Building Council San Diego Chapter to assist with venue costs
for the San Diego Green 2008 conference on September 17-19, 2008.
14. Authorize the Chief Financial Officer to execute grant agreements with these
organizations establishing terms for receipt of the funds described above and
to make minor amendments to the agreements that are consistent with the
general purpose of the grant but do not increase the grant.
15. Find that all grant awards described above have a public purpose.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
11. SUBJECT: AUTHORIZATION FOR COUNTY RECORDER TO
EXECUTE A MULTI-COUNTY AGREEMENT BETWEEN
THE COUNTIES OF LOS ANGELES, ORANGE,
RIVERSIDE AND SAN DIEGO FOR THE SHARED
OWNERSHIP AND ONGOING MAINTENANCE OF AN
ELECTRONIC RECORDING DELIVERY SYSTEM
(DISTRICTS: ALL)
OVERVIEW:
The Assessor/Recorder/County Clerk proposes to enter into a Multi-County
Agreement to establish an Electronic Recording Delivery System (ERDS) for San
Diego County. On December 4, 2007, your Board adopted a resolution
authorizing the County Recorder to establish an ERDS under the California
Electronic Recording Delivery Act (CERDA) of 2004.
9/16/08 14
This Multi-County Agreement is a collaborative effort of the Counties of San
Diego, Los Angeles, Orange, and Riverside to allow authorized statewide and
national submitters to record documents electronically via a portal. The benefits
of this portal include reduced costs to individual counties, closer communication
between southern California title companies and service providers, and quicker,
streamlined confirmation times for title companies and other submitters. The
Agreement provides that each party pay an equal share of the initial acquisition
costs and annual maintenance costs.
FISCAL IMPACT:
Current year one-time costs in the amount of $730,000 are included in the
Assessor/Recorder/County Clerk’s Fiscal Year 08/09 Adopted Operational Plan.
If approved, subsequent fiscal year costs and revenues of $100,000 for the on-
going maintenance of this system will be required. The funding source is the
E-Recording Trust Fund. This request will result in no additional staff years.
BUSINESS IMPACT STATEMENT:
The real estate industry, including title companies and financial institutions, has
expressed a keen interest in utilizing the electronic delivery process of recording
documents in San Diego County for the past twelve years. In Orange County,
businesses throughout the state have successfully utilized the electronic process
of recording documents. Businesses look to the electronic recording of real estate
documents as a way to remain competitive and efficient in their industry.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Approve and authorize the Assessor/Recorder/County Clerk to execute a
Multi-County Agreement with the counties of Los Angeles, Orange, and
Riverside counties for the shared ownership and ongoing maintenance of an
ERDS for the electronic delivery, recording and return of real property
instruments.
2. Authorize the County Recorder to amend or terminate the Multi-County
Agreement as needed provided that County Counsel approval is obtained
prior to executing an amendment or termination.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
9/16/08 15
12. SUBJECT: NOTICED PUBLIC HEARING:
APPROVAL OF THE ISSUANCE OF BONDS BY THE
ABAG FINANCING AUTHORITY FOR NONPROFIT
CORPORATIONS FOR POINT LOMA NAZARENE
UNIVERSITY IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $35,000,000 (DISTRICT: 1)
OVERVIEW:
The County has received a request from the ABAG Finance Authority for
Nonprofit Corporations (the “Authority”) to conduct a public hearing as required
by the Internal Revenue Code and approve the Authority’s issuance of variable
rate refunding revenue bonds in an aggregate amount no to exceed $35,000,000
(the “Bonds”) for Point Loma Nazarene University (the “Borrower”). The
proceeds of the bonds will be used to refund the Authority’s Variable Rate
Refunding Revenue Bonds (Point Loma Nazarene University), Series 2006
auction rate securities, finance various capital expenditures at the University’s
facilities located at its Campus, and pay various costs related to the issuance of
the Bonds (the “Project”).
The Authority is a joint exercise of powers authority consisting of numerous
California cities and counties, including the County of San Diego. The Authority
is authorized to assist in the financing of non-profit public benefit organizations,
including the Borrower. In order to initiate such a financing, the member
participant, i.e. the County of San Diego, must: (1) conduct a public hearing to
satisfy the public approval requirement of Section 147(f) of the Internal Revenue
Code; and (2) approve the Authority’s issuance of indebtedness. Although the
Authority will be the issuer of the tax-exempt obligations for the Borrower, the
financing cannot proceed without the approval of the County of San Diego.
FISCAL IMPACT:
The County’s membership in the Authority bears with it no cost or other
financing obligation, but serves as a public acknowledgement as the host
jurisdiction of the Project financing. Funds for this request are not included in
the Fiscal Year 2008-2009 Operational Plan. If approved, this proposal will
result in $1,000 of unanticipated revenue to be used to reimburse the County for
costs associated with this non-County financing.
The Borrower will be responsible for the payment of all present and future costs
in connection with the issuance of the Bonds. The County will incur no
obligation of indebtedness as a result of these actions.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Pursuant to Section 147(f) of the Internal Revenue Code, hold a public
hearing regarding the financing of the Project.
9/16/08 16
2. Adopt a resolution entitled:
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN DIEGO AUTHORIZING AND APPROVING
A FINANCING TO BE UNDERTAKEN BY THE ABAG
FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS
FOR THE BENEFIT OF POINT LOMA NAZARENE
UNIVERSITY IN AN AGGREGATE AMOUNT NOT TO
EXCEED $35,000,000 FOR THE PURPOSE OF REFUNDING
CERTAIN BONDS AND THEREFORE REFINANCING
CERTAIN FACILITIES AND OTHER MATTERS RELATING
THERETO.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
closed the Hearing and took action as recommended, on Consent, adopting
Resolution No. 08-199, entitled: RESOLUTION OF THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING AND
APPROVING A FINANCING TO BE UNDERTAKEN BY THE ABAG
FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS FOR THE
BENEFIT OF POINT LOMA NAZARENE UNIVERSITY AN AGGREGATE
AMOUNT NOT TO EXCEED $35,000,000 FOR THE PURPOSE OF
REFUNDING CERTAIN BONDS AND THEREFORE REFINANCING
CERTAIN FACILITIES AND OTHER MATTERS RELATING THERETO.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
13. SUBJECT: RELEASE AND SUBSTITUTION OF CERTAIN
PROPERTY SUBJECT TO LEASES BETWEEN THE
COUNTY AND THE SAN DIEGO CAPITAL ASSET
LEASING CORPORATION AND TERMINATION OF
CERTAIN LEASES IN ORDER TO CLEAR TITLE
(DISTRICTS: ALL)
OVERVIEW:
On May 4, 1993 (32) the Board adopted Resolution 93-155 authorizing the
execution and delivery of the $203,400,000 1993 Master Refunding Certificates
of Participation (“1993 Master Refunding”). In the course of delivering the 1993
Master Refunding, the County leased to the San Diego Capital Asset Leasing
Corporation (“SANCAL”) certain facilities pursuant to a Facilities Lease dated as
of May 1, 1993 (“Facilities Lease”). The County then leased back certain
facilities from SANCAL pursuant to a Lease Agreement dated as of May 1, 1993
(“Lease Agreement”). Additionally the County and SANCAL entered into an
Assignment Agreement and a Trust Agreement with the Trustee dated
May 1, 1993 (respectively, the “Assignment Agreement” and the “Trust
Agreement”) to authorize the execution and delivery of the 1993 Master
Refunding.
9/16/08 17
Section 16 of the Lease Agreement provides that the County shall have the right
under certain circumstances to release a portion of the Facilities from the Lease
Agreement, the Facilities Lease, and the Assignment Agreement and/or substitute
other property and improvements for the Facilities. Today’s recommendation
will adopt a resolution authorizing amendments to the leasing documents in order
to release a portion of facilities necessary to move forward with the County
Operations Center and Annex Redevelopment Project, transfer of certain court
properties to the State, and updates to title reports related to certain SANCAL
facilities.
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
Adopt the resolution entitled:
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN DIEGO PROVIDING FOR THE EXECUTION
AND DELIVERY OF A FIRST AMENDMENT TO FACILITIES
LEASE, A FIRST AMENDMENT TO LEASE AGREEMENT, A
FIRST AMENDMENT TO ASSIGNMENT AGREEMENT AND A
TERMINATION AGREEMENT AND QUITCLAIM TO PROVIDE
FOR THE RELEASE AND SUBSTITUTION OF CERTAIN
PROPERTY SUBJECT TO SUCH LEASES BETWEEN THE
COUNTY AND THE SAN DIEGO CAPITAL ASSET LEASING
CORPORATION, AND AUTHORIZING THE TERMINATION OF
CERTAIN LEASES IN ORDER TO CLEAR TITLE TO OTHER
PROPERTY OF THE COUNTY AND ADDITIONAL ACTIONS
RELATING THERETO.
9/16/08 18
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent, adopting Resolution No. 08-200,
entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN DIEGO PROVIDING FOR THE EXECUTION AND
DELIVERY OF A FIRST AMENDMENT TO FACILITIES LEASE, A FIRST
AMENDMENT TO LEASE AGREEMENT, A FIRST AMENDMENT TO
ASSIGNMENT AGREEMENT AND A TERMINATION AGREEMENT AND
QUITCLAIM TO PROVIDE FOR THE RELEASE AND SUBSTITUTION OF
CERTAIN PROPERTY SUBJECT TO SUCH LEASES BETWEEN THE
COUNTY AND THE SAN DIEGO CAPITAL ASSET LEASING
CORPORATION, AND AUTHORIZING THE TERMINATION OF CERTAIN
LEASES IN ORDER TO CLEAR TITLE TO OTHER PROPERTY OF THE
COUNTY AND ADDITIONAL ACTIONS RELATING THERETO.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
14. SUBJECT: GENERAL OBLIGATION BONDS OF SCHOOL
FACILITIES IMPROVEMENT DISTRICT NO. 2007-1 OF
THE POWAY UNIFIED SCHOOL DISTRICT, 2008
ELECTION, SERIES A (DISTRICT: 2)
OVERVIEW:
The Poway Unified School District (the “District”) has previously formed School
Facilities Improvement District No. 2007-1 of the Poway Unified School District
(“Improvement District No. 2007-1”) in late 2007, pursuant to provisions of
California Education Code Section 15300, et seq. Improvement District No.
2007-1was formed for the purposes of financing school facilities for the District.
Improvement District No. 2007-1generally includes territory within the
boundaries of the District which is not included in existing Mello-Roos
community facilities districts formed by the District. A map describing the
boundaries of Improvement District No. 2007-1 is on file with the appropriate
County offices.
At an election held on February 5, 2008, conducted within the boundaries of
Improvement District No. 2007-1, approximately 63.91% of those voters casting
ballots (which is above the 55% voter approval level required) approved the
issuance of up to $179,000,000 in general obligation bonds (the “Authorization”).
At this time, the governing board of the District, on behalf of Improvement
District No. 2007-1, has adopted a resolution requesting the Board of Supervisors
to authorize the issuance of General Obligation Bonds of School Facilities
Improvement District No. 2007-1 of the Poway Unified School District, 2008
Election, Series A in the aggregate principal amount of not to exceed
$74,000,000 (the “Bonds”). Subsequent to the issuance of the Bonds,
approximately $105,000,000 of the Authorization will remain for the issuance of
additional series of bonds.
9/16/08 19
Proceeds from the Bonds will be used for (1) various voter facilities and
financing projects authorized to be funded through Improvement District No.
2007-1 as set in the Authorization, (2) certain eligible costs of the District’s Bond
Advancement Program, (3) funding interest on the Bonds for a limited period of
time (until taxes can be collected), and (4) reasonable and necessary costs of
issuing and delivering the Bonds. The bonds are payable from the levy of an ad
valorem tax against the taxable property within the boundaries of Improvement
District No. 2007-1.
FISCAL IMPACT:
These Bonds are general obligations of the District to be paid from ad valorem
property taxes levied within the boundaries of Improvement District No. 2007-1
and do not constitute an obligation of the County.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
Adopt the resolution entitled:
RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN
DIEGO COUNTY, STATE OF CALIFORNIA, AUTHORIZING
THE ISSUANCE AND SALE OF GENERAL OBLIGATION
BONDS OF SCHOOL FACILITIES IMPROVEMENT DISTRICT
NO. 2007-1 OF THE POWAY UNIFIED SCHOOL DISTRICT,
2008 ELECTION, SERIES A, IN THE AGGREGATE PRINCIPAL
AMOUNT OF NOT TO EXCEED SEVENTYFOUR MILLION
DOLLARS ($74,000,000) PRESCRIBING THE TERMS OF THE
BONDS AND THEIR SALE; APPROVING FORM AND
AUTHORIZING EXECUTION AND DELIVERY OF A BOND
PURCHASE CONTRACT; AUTHORIZING EXECUTION OF
NECESSARY DOCUMENTS; MAKING RELATED FINDINGS
AND DETERMINATIONS AND TAKING RELATED ACTIONS.
9/16/08 20
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent, adopting Resolution No. 08-201,
entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN
DIEGO COUNTY, STATE OF CALIFORNIA, AUTHORIZING THE
ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS OF SCHOOL
FACILITIES IMPROVEMENT DISTRICT NO. 2007-1 OF THE POWAY
UNIFIED SCHOOL DISTRICT, 2008 ELECTION, SERIES A, IN THE
AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED SEVENTY
FOUR MILLION DOLLARS ($74,000,000) PRESCRIBING THE TERMS OF
THE BONDS AND THEIR SALE; APPROVING FORM AND AUTHORIZING
EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT;
AUTHORIZING EXECUTION OF NECESSARY DOCUMENTS; MAKING
RELATED FINDINGS AND DETERMINATIONS AND TAKING RELATED
ACTIONS.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
15. SUBJECT: AMENDMENT TO THE COMPENSATION ORDINANCE
(DISTRICTS: ALL)
OVERVIEW:
The proposed amendments to the San Diego County Compensation Ordinance are
part of the ongoing effort to manage and maintain a skilled and competent
workforce dedicated to sustaining operational excellence and serving the public.
These amendments include: establishing and renaming classifications to reflect
organizational changes, adjusting salaries in selected classifications to be
competitive to attract qualified candidates, deleting obsolete vacant
classifications, and amending sections of the Compensation Ordinance.
FISCAL IMPACT:
Implementation of the proposed salary adjustments will result in an estimated
annual cost of $181,827. Funding for these adjustments is available in the Fiscal
Year 2008-10 Operational Plan. These adjustments will have no negative effect
on the funding status of the San Diego County Employees Retirement System
(SDCERA).
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Approve introduction (first reading) of ordinance; read title and waive further
reading of ordinances (MAJORITY VOTE):
AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE
AND ESTABLISHING COMPENSATION.
9/16/08 21
2. Submit ordinances for further Board consideration and adoption (second
reading) on September 23, 2008.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent, introducing Ordinance for further
Board consideration and adoption on September 23, 2008.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
16. SUBJECT: COMMUNICATIONS RECEIVED (DISTRICTS: 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:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
Note and File
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
17. SUBJECT: APPOINTMENTS (DISTRICTS: ALL)
OVERVIEW:
These appointments are in accordance with applicable Board Policy A–74,
Citizen Participation in County Boards, Commissions and Committees, Board
Policy I–1, Planning and Sponsor Group Policies and Procedures and Policy
A-77, Appointments to Fill Vacancies and Cancellation of Election where
Insufficient Nominations Filed Prior to Uniform District Election and Citizen
Planning Group Election.
9/16/08 22
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
1. VICE CHAIRWOMAN JACOB
Appoint Jennifer Martinez to the Alpine Community Planning Group, Seat No. 3,
for a term to expire January 5, 2009.
SUPERVISOR HORN
Waive Board Policy A-74, Citizen Participation in County Boards, Commissions
and Committees and Re-appoint Jim Bowen to County Service Area No. 81-
Fallbrook Local Parks Advisory Committee for a term to expire January 3, 2011.
Waive Board Policy A-74, Citizen Participation in County Boards, Commissions
and Committees and Re-appoint Wicker Gamble to County Service Area No. 81-
Fallbrook Local Parks Advisory Committee for a term to expire January 3, 2011.
Re-appoint Al Gebhart to County Service Area No. 81- Fallbrook Local Parks
Advisory Committee for a term to expire January 3, 2011.
Waive Board Policy A-74, Citizen Participation in County Boards, Commissions
and Committees and Re-appoint Craig Ohlson to County Service Area No. 81-
Fallbrook Local Parks Advisory Committee for a term to expire January 3, 2011.
Waive Board Policy A-74, Citizen Participation in County Boards, Commissions
and Committees and Re-appoint Neil Sternberg to County Service Area No. 81-
Fallbrook Local Parks Advisory Committee for a term to expire January 3, 2011.
Waive Board Policy A-74, Citizen Participation in County Boards, Commissions
and Committees and Re-appoint Rod Groenwold to the Parks Advisory
Committee for a term to expire January 3, 2011.
Waive Board Policy A-74, Citizen Participation in County Boards, Commissions
and Committees and Re-appoint Rick Landavazo to the Parks Advisory
Committee for a term to expire January 3, 2011.
Appoint Charles H. Brandes to County Service Area 83 (San Dieguito) and 83
Zone A (4S Ranch) Advisory Committee for a term to expire January 3, 2011.
Appoint Cass Kaminetz to County Service Area 83 (San Dieguito) and 83 Zone
A (4S Ranch) Advisory Committee for a term to expire January 3, 2011.
Appoint John L. Ramirez to County Service Area 83 (San Dieguito) and 83 Zone
A (4S Ranch) Advisory Committee for a term to expire January 3, 2011.
9/16/08 23
Appoint Raymond Shay to County Service Area 83 (San Dieguito) and 83 Zone
A (4S Ranch) Advisory Committee for a term to expire January 3, 2011.
Appoint Richard Wagner to County Service Area 83 (San Dieguito) and 83 Zone
A (4S Ranch) Advisory Committee for a term to expire January 3, 2011.
Appoint Laura Rosier to the Bonsall Community Sponsor Group, Seat 2 for a
term to expire January 3, 2011.
Appoint Maria Rosino-Miracco to the Assessment Appeals Board 1 for a term to
expire September 5, 2011.
Appoint Frank J. Rotunda to County Service Area No. 81- Fallbrook Local Parks
Advisory Committee for a term to expire January 3, 2011.
Re-Appoint Kevin Crawford to the Fire and Life Safety Helicopter Operating
Council for a term to expire January 3, 2011.
Waive Board Policy A-74, Citizen Participation in County Boards, Commissions,
and Committees and Re-appoint Hadley Johnson to the Flood Control District
Advisory Commission for a term to expire January 3, 2011.
Waive Board Policy A-74, Citizen Participation in County Boards, Commissions,
and Committees and Re-appoint O.B. “Mike” Sholders to the Flood Control
District Advisory Commission for a term to expire January 3, 2011.
Waive Board Policy A-74, Citizen Participation in County Boards, Commissions,
and Committees and Re-appoint Sue Reed to County Service Area No. 81-
Fallbrook Local Parks Advisory Committee for a term to expire January 3, 2011.
Waive Board Policy A-74, Citizen Participation in County Boards, Commissions,
and Committees and Re-appoint Bob Crouch to the Environmental Health
Advisory Board for a term to expire May 13, 2011.
Waive Board Policy A-74, Citizen Participation in County Boards, Commissions,
and Committees and Re-appoint Bob L. Shuster to the Environmental Health
Advisory Board for a term to expire July 23, 2010.
CHIEF ADMINISTRATIVE OFFICER
Confirm the appointment of Chief Gary Fisher to fill unfinished term of Darrell
Jobes, as the primary representative from the San Diego County Fire Districts’
Association to the Emergency Medical Care Committee, for a term to expire
December 8, 2008.
9/16/08 24
Confirm the appointment of Crystal Crawford to replace Carl Hilliard, as the
primary representative from the City of Del Mar to the County Service Area
No. 17 - San Dieguito Emergency Medical Services District Advisory
Committee. In accordance with the Committee Bylaws, “the term of office shall
be at the discretion of the appointing organization.”
Confirm the appointment of Karen Brust, as the alternate representative from the
City of Del Mar to the County Service Area No. 17 - San Dieguito Emergency
Medical Services District Advisory Committee. In accordance with the
Committee Bylaws, “the term of office shall be at the discretion of the appointing
organization.”
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
18. SUBJECT: NOTICED PUBLIC HEARING:
BID OPENING TO SELL REAL PROPERTY – HELIX
STREET, SPRING VALLEY; COUNTY PARCEL NO.
2008-0119-A (DISTRICT: 2)
OVERVIEW:
On July 22, 2008 (6), the Board adopted Resolution No. 08-125 entitled:
RESOLUTION OF INTENTION TO SELL REAL PROPERTY AND NOTICE
INVITING BIDS (DEFERRED PAYMENTS TERMS), and set a hearing for
September 16, 2008, at 9 a.m.
The County of San Diego owns an approximately 8,882-square-foot parcel on
Helix Street near Bancroft Drive in the Spring Valley area (Thomas Guide, page
1221, B-5). The property was acquired for a road easement by the State of
California and was relinquished to the County upon completion of State Route
94. The Board of Supervisors approved the vacation of this easement on
November 7, 2007 (2) and the property is now considered to be excess to County
needs. The Department of General Services is requesting that this property be
declared surplus, and offered for sale to the highest bidder.
FISCAL IMPACT:
If approved, based on appraisal by County staff to determine the minimum
opening bid, and if an all-cash sale is consummated, this request will result in
approximately $45,000 in current-year revenue to the Department of Public
Works road fund and no annual revenue. Alternatively, if a terms sale is
consummated, this request will result in approximately $9,000 in current-year
revenue and $3,240 in annual interest-payment revenue for a period of up to five
years. The pay-off of the principal balance will result in approximately $36,000
in future revenue at the end of five years or less. No additional staff years are
required.
9/16/08 25
BUSINESS IMPACT STATEMENT:
If this sale is consummated, the use of this property will generate minor business
activity, or possibly a new parking or construction site in the future.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Find that this proposed sale is not subject to the environmental assessment
process as it is categorically exempt under Article 19, Section 15312 of the
State of California Environmental Act Guidelines, as it is a sale of surplus
government property.
2. Conduct bid opening and approve the sale of County Parcel 2008-0119-A to
the highest bidder.
3. Authorize the Director, Department of General Services, to perform all
necessary actions to complete the sale, including the execution of escrow
instructions and a Grant Deed.
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board
of Supervisors conducted the bid opening, closed the Hearing and took action as
recommended, accepting the bid from Greg Nicita in the amount of $79,000.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
`
19. SUBJECT: NOTICED PUBLIC HEARING:
PUBLIC HEARING ON FISCAL YEAR 2007-08
PERFORMANCE REPORT FOR DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
ENTITLEMENT PROGRAMS (DISTRICTS: ALL)
OVERVIEW:
This public hearing provides an opportunity for the Board to receive public
comment on the Fiscal Year 2007-08 Consolidated Annual Performance and
Evaluation Report that describes accomplishments from three entitlement
programs: Community Development Block Grant, Home Investment
Partnerships, and Emergency Shelter Grant, and other programs administered by
the County Department of Housing and Community Development. All
entitlement jurisdictions are required annually to submit this report to the U.S.
Department of Housing and Urban Development. The U.S. Department of
Housing and Urban Development requires that a public hearing be held prior to
submission in order to receive comments on the report.
FISCAL IMPACT:
There is no fiscal impact as a result of this requested action.
9/16/08 26
BUSINESS IMPACT STATEMENT:
The projects included in the FY 2007-08 Consolidated Annual Performance and
Evaluation Report made a positive impact on the business community, as funds
were provided for construction of affordable housing and public improvements.
Projects were implemented by nonprofit service providers or private construction
firms and were selected through a competitive bid process.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
Hold this public hearing to receive public comment on the Fiscal Year 2007-08
Consolidated Annual Performance and Evaluation Report.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board of
Supervisors closed the Hearing and took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
20. SUBJECT: NOTICED PUBLIC HEARING:
SET HEARING FOR 3/3/09: FISCAL YEAR 2009-10
STRATEGY FOR CDBG, HOME, ESG, AND HOPWA
PROGRAMS AND AUTHORIZATION TO ISSUE NOFAS
OR REQUESTS FOR PROPOSALS FOR OTHER
HOUSING AND COMMUNITY DEVELOPMENT
PROJECTS (DISTRICTS: ALL)
OVERVIEW:
This public hearing is to consider and approve the proposed Fiscal Year 2009-10
Annual Funding Plan Strategy that provides broad direction for the use of
Community Development Block Grant (CDBG), HOME Investment Partnerships
(HOME), Emergency Shelter Grant (ESG), and Housing Opportunities for
Persons with AIDS (HOPWA) Program funds. A second public hearing for
consideration of the Fiscal Year 2009-10 Draft Annual Funding Plan is proposed
for March 3, 2009. These federal programs provide funds for public
infrastructure, revitalization of lower-income communities, and development of
affordable housing for low-income residents and persons with special needs. The
funds also serve children and families in need of temporary and long-term
housing, including persons with HIV/AIDS. The Board of Supervisors’ approval
of the attached Fiscal Year 2009-10 Annual Funding Plan Strategy will guide
staff in the development of the Annual Funding Plan and is the first major step in
the Fiscal Year 2009-10 Annual Funding Plan schedule.
The proposed recommendations will accomplish two additional objectives: first,
authorize the Director, Department of Purchasing and Contracting, to issue a
Request for Proposals for the Housing Opportunities for Persons with AIDS
Program; and second, authorize the Director, Department of Housing and
Community Development, to issue Notices of Funding Availability or Requests
for Proposals, as appropriate, for Community Development Block Grant, HOME
9/16/08 27
Investment Partnerships, Emergency Shelter Grant, Housing Opportunities for
Persons with AIDS, and other federal, State, and local grant funding for
affordable housing and community development.
FISCAL IMPACT:
Funds for these requests, totaling an estimated $11,359,210, are included in the
Housing and Community Development Fiscal Year 2009-10 Multiyear Projects
Budget. The funding sources are Community Development Block Grant, HOME
Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities
for Persons with AIDS Programs. This will require the addition of no staff years
and there is no General Fund cost.
BUSINESS IMPACT STATEMENT:
If approved, these recommendations will have a positive impact on the business
community, as the recommended Strategy will guide the development of the
Fiscal Year 2009-10 Annual Funding Plan, including funds for construction of
housing and public improvements. The funded projects are to be implemented by
nonprofit service providers or private construction firms selected through a
competitive bid process.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Hold this public hearing to receive public comment on the Fiscal Year
2009-10 Annual Funding Plan Strategy.
2. Approve the proposed Fiscal Year 2009-10 Annual Funding Plan Strategy
that provides broad direction for the use of Fiscal Year 2009-10 Community
Development Block Grant, HOME Investment Partnerships, Emergency
Shelter Grant, and Housing Opportunities for Persons with AIDS Program
funds.
3. Direct staff to prepare, and return to the Board, a proposed Fiscal Year
2009-10 Draft Annual Funding Plan for the Community Development Block
Grant, HOME Investment Partnerships, Emergency Shelter Grant, and
Housing Opportunities for Persons with AIDS Programs.
4. Set a Board of Supervisors’ public hearing on March 3, 2009 to consider the
Fiscal Year 2009-10 Draft Annual Funding Plan for use of Community
Development Block Grant, HOME Investment Partnerships, Emergency
Shelter Grant, and Housing Opportunities for Persons with AIDS Program
funds.
5. Authorize the Clerk of the Board of Supervisors to adjust the March 3, 2009
hearing date, if required, to comply with the 2009 Board of Supervisors’
meeting schedule.
9/16/08 28
6. In accordance with Section 401, et seq. of the County Administrative Code,
authorize the Director, Department of Purchasing and Contracting, to issue
Competitive Solicitation Proposals for the procurement of housing and
services related to the implementation of the Fiscal Year 2009-10, 2010-11,
and 2011-12 Housing Opportunities for Persons with AIDS Program, and
upon successful negotiations and determination of a fair and reasonable price,
award contracts for a term of one year with two, one-year renewal options 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 Department of Housing and Community Development.
7. Authorize the Director, Department of Housing and Community
Development, to issue Notices of Funding Availability or Requests for
Proposals, as appropriate, in accordance with applicable Board policies, for
grant funding that promotes affordable housing and community development.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board of
Supervisors closed the Hearing and took action as recommended, on Consent;
setting Hearing for March 3, 2009, 9:00 a.m.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
21. SUBJECT: TRANSFER OF COURT FACILITIES TO STATE OF
CALIFORNIA, JUDICIAL COUNCIL, PURSUANT TO
TRIAL COURT FACILITIES ACT OF 2002 (SB 1732)
(DISTRICTS: ALL)
OVERVIEW:
The Lockyer-Isenberg Trial Court Funding Act of 1997 transferred the obligation
for funding of trial court operations from counties to the State along with an
annual maintenance-of-effort payment by each county. However, under the Act
each county remained responsible for providing necessary and suitable trial court
facilities for court operations. This remaining county responsibility for trial
courts was addressed in the Trial Court Facilities Act of 2002 (SB 1732), which
allows the transfer of responsibility for court facilities located in county-owned
buildings, and in some cases requires transfer of title to those buildings, to the
State. Upon transfer, each county is relieved of its legal responsibility to provide
necessary and suitable trial court facilities for court operations, and must also
begin remitting to the State a County Facilities Payment (CFP), which represents
the historical expenditures for facilities maintenance, utilities, insurance, and
leases.
Agreements have been negotiated with the Judicial Council, through the
Administrative Offices of the Courts (AOC), covering all court facilities currently
occupied by the Superior Court of California, County of San Diego (Court). The
proposed action is to approve the specified court facility transfers, and to
authorize the Director, Department of General Services, on the County’s behalf
9/16/08 29
to: (1) sign the related Transfer Agreements and Joint Occupancy Agreements
(JOAs) that will govern the operations and maintenance of buildings that have a
shared occupancy, (2) sign the deeds, easements, licenses and other documents as
may be necessary to accomplish the approved transfers, and (3) take all necessary
actions in conformance with the Transfer Agreements and JOAs. The action
would further appropriate funds for outside counsel’s work on drafting and
negotiating the Agreements and staff work required to process the Agreements
and transition the facilities to the State.
FISCAL IMPACT:
Funds for a portion of this project are not included in the Fiscal Year 2008-09
Adopted Operational Plan. If approved, this request will result in a one time cost
of $700,000 in staff and outside legal costs for the Facilities Management Internal
Service Fund and reimbursement by the General Fund based on Fiscal Year
2007-08 Public Safety Group ($222,301) and General County ($477,699) fund
balance available. The facilities transfers will result in a projected payment to the
State of $7.31 million, offset by County facilities cost reductions of
approximately the same amount. With the anticipated reduction in facilities
under County management, three staff positions have been eliminated in the
Fiscal Year 2008-09 Adopted Operational Plan.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Find that the proposed project is exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 because
the project consists of the continued operation of existing trial courts with no
expansion of use.
2. Adopt a Resolution approving the court facility transfers and related actions
described in Recommendations 3, 4, 5 and 6, and designating the Director,
Department of General Services, as the County of San Diego’s authorized
representative and signatory for the purpose of signing the necessary transfer
documents on the County’s behalf.
3. Approve the attached Transfer Agreement Between the Judicial Council of
California, Administrative Office of the Courts, and the County of San Diego
for the Transfer of Responsibility for Court Facilities with respect to the
following properties: Hall of Justice, 330 W. Broadway, San Diego, CA;
County Courthouse, 220 W. Broadway, San Diego, CA; Juvenile Probation
Building, 2901 Meadow Lark Dr., San Diego, CA; North County Regional
Center Building F 1, 325 S. Melrose Dr., Vista, CA; South Bay Regional
Center, 500 Third Ave., Chula Vista, CA; East County Regional Center, 250
E. Main St., El Cajon, CA; County Offices Ramona, 1406 Montecito Road,
Ramona, CA; Banks St. Storage Facility (Leasehold), 5354 Banks St., San
Diego, CA.
9/16/08 30
4. Approve the attached Transfer Agreement Between the Judicial Council of
California, Administrative Office of the Courts, and the County of San Diego
for the Transfer of Responsibility and Transfer of Title for Court Facilities
with respect to the following properties: Madge Bradley Building, 1409
Fourth Ave., San Diego, CA; Family Court Building, 1501-1555 Sixth Ave.,
San Diego, CA; Kearny Mesa Traffic/Small Claims Court (with trailers),
8950 Clairemont Mesa Blvd., San Diego, CA; Juvenile Court Building (with
trailers), 2901 Meadow Lark Dr., San Diego, CA; North County Regional
Center Buildings F 2 and F 3 (with trailers), 325 S. Melrose Dr., Vista, CA.
5. Approve the attached Joint Occupancy Agreement Between the Judicial
Council of California, Administrative Office of the Courts, and the County of
San Diego with respect to the following properties: Hall of Justice, 330 W.
Broadway, San Diego, CA; County Courthouse, 220 W. Broadway, San
Diego, CA; Juvenile Probation and Juvenile Court Buildings, 2901 Meadow
Lark Dr., San Diego, CA; North County Regional Center Building F 1, 325
Melrose Dr., Vista, CA; South Bay Regional Center, 500 Third Ave., Chula
Vista, CA; East County Regional Center, 250 E. Main St., El Cajon, CA.
6. Authorize and direct the Director, Department of General Services, to
execute those documents identified in Recommendations 3, 4 and 5, and such
deeds, easements, licenses and other documents as may be necessary to
accomplish the approved transfers, so long as they are consistent with the
Board’s actions to approve those transfers.
7. Authorize and direct the Director, Department of General Services, to
perform all necessary actions under the Transfer Agreements and Joint
Occupancy Agreements on behalf of the County.
8. Amend the Fiscal Year 2008-09 Department of General Services Facilities
Management Internal Service Fund Spending Plan in the amount of $700,000
to provide funding for the transfer of court facilities to the Judicial Council of
California based on charges for current services to be paid by the General
Fund.
9. Establish appropriations of $700,000 in Contribution to Trial Court for
payment to the Facilities Management Internal Service Fund for costs related
to the court facilities transfer based on Fiscal Year 2007-08 Public Safety
Group ($222,301) and General County ($477,699) fund balance available.
(4 VOTES)
9/16/08 31
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent, adopting Resolution No. 08-202,
entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN DIEGO AUTHORIZING THE DIRECTOR,
DEPARTMENT OF GENERAL SERVICES, TO EXECUTE DOCUMENTS
TRANSFERING RESPONSIBILITY FOR, AND TITLE TO, TRIAL COURT
FACILITIES PURSUANT TO THE CALIFORNIA GOVERNMENT CODE.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
22. SUBJECT: ACCEPTANCE OF DONATIONS TO THE DEPARTMENT
OF ANIMAL SERVICES (DISTRICTS: ALL)
OVERVIEW:
The Department of Animal Services has received numerous gifts from individuals
and groups that are interested in promoting the health and well-being of animals
in our communities. County of San Diego Administrative Code, Section 66,
permits the acceptance of gifts by the administrative head of each department of
the County, subject to ratification by the Board of Supervisors. A report of all
individual gifts not exceeding $5,000 is attached. This action will ratify or accept
gifts received by the Department of Animal Services between the period of
January 1, 2008 and June 30, 2008.
The Department of Animal Services is grateful to receive such donations. It will
allow DAS to provide improved services to the public and to the animals in our
care.
FISCAL IMPACT:
Most donations received are earmarked for one of the three shelters operated by
the Department of Animal Services and deposited in the shelter’s trust fund. For
this six-month period, a total of $20,173.44 has been received. The Department
of Animal Services includes in its annual budget an amount of $15,000 for
miscellaneous donations that help fund operating costs. Donations received in
excess of the budgeted amounts are used for one-time expenditures. No
additional staff is required.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
In accordance with Administrative Code Section 66, accept the Department of
Animal Services Reports of Gifts for $20,173.44 during the period of
January 1, 2008 through June 30, 2008.
9/16/08 32
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
23. SUBJECT: SET HEARING FOR 10/14/08:
RAMONA LIBRARY – ACQUISITION OF 0.52 ACRE
SITE, ASSESSOR’S PARCEL NUMBER 281-191-07
(MEADOW BUILDERS, INC.) (DISTRICT: 2)
OVERVIEW:
The County owns a 6.78-acre parcel in Ramona, purchased in 2003 as the site for
a proposed Ramona Intergenerational Community Campus project (RICC),
including a new community library, senior center and other community-related
facilities. The property fronts Main Street between 12th and 13th Streets. (Thomas
Guide, page 1152-F6, G6). At the time of purchase, the RICC project was
unfunded and conceptual only.
On September 25, 2007 (5), the Board authorized the Department of General
Services to undertake planning activities related to the Ramona Library capital
project, and to enter into negotiations for the acquisition of a 0.52-acre vacant
parcel (“Meadow Builders’ parcel”) adjacent to the 6.78-acre site. The proposed
library project utilizes the portion of the 6.78 acre site at the corner of Main Street
and 13th Street. Acquisition of the Meadow Builders’ parcel will result in
improved site configuration for the library and will maximize site utility, parking,
circulation, and access for that facility. The acquisition of the Meadow Builders’
parcel for the library project will also result in the least amount of impact on the
remaining portions of the 6.78 acre site, allowing for greater flexibility in the
planned future development of the facilities identified in 2003 (in concept only)
for the RICC project. Negotiations for purchase of the 0.52-acre parcel have been
completed and the Board is requested to consider approving the purchase of
Assessor Parcel Number 281-191-07 from Meadow Builders, Inc. for a price of
$400,000.
On March 25, 2008 (8), the Board made required findings under the California
Environmental Quality Act (CEQA) for the Ramona Library project, authorized
Purchasing and Contracting to advertise and award a contract for construction of
the proposed library, and approved funding for the project.
FISCAL IMPACT:
Should the Board approve the purchase of Assessor’s Parcel Number 281-191-07
on October 14, 2008, funds for the purchase totaling $404,500 will be provided
by funds available in Ramona Library Capital Project – 1000286, including
$400,000 for the land acquisition, and $4,500 for title and escrow costs. The
source of funding for the Ramona Library project is General Fund fund balance.
If approved, this request will result in a current year cost of $404,500, no
subsequent year cost, and will require no additional staff years.
9/16/08 33
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Find that the proposed action to set a hearing to consider approving the
purchase of the 0.52-acre parcel is exempt from review under the California
Environmental Quality Act (CEQA) pursuant to section 15060 (c) (3) of the
CEQA Guidelines, as it is not a project as defined under CEQA Guidelines
Section 15378.
2. Direct the Clerk of the board to publish the required Notice of Intention to
purchase in accordance with Government Code Sections 25350 and 6063.
3. Set a hearing for October 14, 2008, at which time the Board of Supervisors
may approve the purchase of Assessor’s Parcel Number 281-191-07 from
Meadow Builders, Inc. for $400,000.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board of
Supervisors took action as recommended, on Consent; setting Hearing for
October 14, 2008, 9:00 a.m.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
24. SUBJECT: ALLOCATION OF COMMUNITY PROJECTS FUNDING
(DISTRICT: 4)
OVERVIEW:
The County’s fiscal condition has enabled it to reinvest taxpayer money in our
communities for the benefit of the public. The recommended actions below
propose that these projects of great benefit to San Diego County be funded using
Community Projects Funds.
FISCAL IMPACT:
The total combined cost of the proposed recommendations is $13,705.92.
Appropriations are available in the Community Projects Budget (org.15665). This
action will result in the addition of no staff years and no future costs.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
SUPERVISOR ROBERTS
1. Amend the August 5, 2008 (21) allocation of $20,000.00 from Community
Projects Budget (org.15665) to the Asian Business Association to include
purchasing tables and chairs, which will be used at their public monthly
luncheons at the Hall of Champions Museum in Balboa Park. Authorize the
Chief Financial Officer to amend the grant agreement accordingly.
9/16/08 34
2. Change the purpose of the July 31, 2007 (22) allocation of $7,500.00 from
Community Projects Budget (org.15665) to the Hillcrest History Guild to be
used for the design and painting of a mural on the south wall of the Village
Hillcrest building, located at 5th Avenue and University Avenue in Hillcrest.
Authorize the Chief Financial Officer to amend the grant agreement
accordingly.
3. Allocate $10,000.00 from Community Projects Budget (org.15665) to Kaiser
Permanente to purchase bike helmets and all-purpose helmets, which will be
distributed to and properly fitted on children in the Fourth Supervisorial
District.
4. Allocate $3,705.92 from Community Projects Budget (org.15665) to the
University Heights Community Development Corporation to purchase
banners which will be displayed throughout the business corridor of
University Heights.
5. Authorize the Chief Financial Officer to execute grant agreements with these
organizations establishing the terms for receipt of the funds described above
and to make minor amendments to the agreements that are consistent with the
general purpose of the grant but do not increase the grant.
6. Find that this grant award has a public purpose.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board
took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
25. SUBJECT: OPPOSITION TO PROPOSITION 5, NONVIOLENT
OFFENDER REHABILITATION ACT OF 2008 (NORA)
(DISTRICTS: ALL)
OVERVIEW:
Proposition 5, the Nonviolent Offender Rehabilitation Act of 2008 on the
November 4, 2008 General Election ballot (1) expands drug treatment diversion
programs for criminal offenders, (2) modifies parole supervision procedures and
expands prison and parole rehabilitation programs, (3) allows inmates to earn
additional time off their prison sentences for participation and performance in
rehabilitation programs, (4) reduces certain penalties for marijuana possession,
and (5) makes miscellaneous changes to state law related mainly to state
administration of rehabilitation and parole programs for offenders.
San Diego County District Attorney Bonnie Dumanis is recommending that the
Board oppose this initiative for three primary reasons. (1) This measure would
9/16/08 35
significantly reduce criminal offenders’ individual accountability for their
behaviors. (2) This measure would immediately cost the State of California and
California Counties hundreds of millions of dollars in new expenses without any
new revenues to offset these costs. And, (3) this measure would significantly
increase criminal behavior and drug induced violence in our communities that we
are sworn to protect by allowing large amounts of intoxicating narcotics,
including methamphetamine, to be distributed without risk of major criminal
penalties.
FISCAL IMPACT:
Significant new costs estimated to exceed $1 Billion annually without new
revenues would be funded by appropriations contained in the Act and is not
subject to appropriations by the State Legislature in the annual budget process.
Because of the extreme complexity of the legal and administrative processes
contained in the proposition, both short term and long term savings are very
difficult to determine.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
DISTRICT ATTORNEY DUMANIS, SHERIFF KOLENDER,
VICE CHAIRWOMAN JACOB, SUPERVISOR SLATER-PRICE
Oppose Proposition 5, the Nonviolent Offender Rehabilitation Act of 2008 on the
November 4, 2008 General Election ballot.
ACTION:
ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the
Board took action as recommended.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
26. SUBJECT: CLOSED SESSION (DISTRICTS: ALL)
OVERVIEW:
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government
Code section 54956.9: (Number of Potential Cases – 1)
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (a) of Government Code section 54956.9)
County of San Diego, et al. v. Debra Bowen; San Diego County Superior
Court Case No. 37-2007-00084017-CU-WM-CTL
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (a) of Government Code section 54956.9)
City of Vista, et al. v. County of San Diego, et al.; San Diego County Superior
Court Case No. GIN 050113
9/16/08 36
D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (a) of Government Code section 54956.9)
William C. Arterberry, M.D. v. County of San Diego, et al.; San Diego
County Superior Court Case No. 37-2007-00064601-CU-WM-CTL
E. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Government Code section
54956.9: (Number of Cases – 1)
F. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Government Code section
54956.9: (Number of Cases – 1)
G. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Government Code section
54956.9: (Number of Cases – 1)
H. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Subdivision (a) of Government Code section 54956.9)
William B. Kolender v. San Diego County Civil Service Commission; San
Diego County Superior Court No. 37-2008-00081521-CU-WM-CTL
I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code section 54956.8)
Property: Approximately 15 acres adjacent to San Diego County’s East Mesa
Detention Facility Complex
Negotiating Parties:
County: Ralph Thielicke
Other: State of California Correctional Standards Authority
and California Department of Corrections and
Rehabilitation
Under Negotiation: Price and Terms
J. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code section 54956.8)
Property: 500 Third Avenue, Chula Vista 91910; 250 E. Main Street, El
Cajon, CA 92020; 325 S. Melrose, Vista, CA 92083; 1406 Montecito Road,
Ramona, CA 92065; 8950 Clairemont Mesa Blvd., San Diego, CA 92123;
1501-1555 6th Avenue, San Diego, CA 92101; 2851 Meadowlark, San Diego,
CA 92123; 220 E. Broadway, San Diego, CA 92101; 330 West Broadway,
San Diego, CA 92101; 1409 4th Avenue, San Diego, CA 92101; 5354 Banks
Street, Suite C, San Diego CA 92101; Block bounded by Union, B, State and
C Streets, San Diego, CA 92101
9/16/08 37
Negotiating Parties:
County: Harold Tuck, April Heinze
Judicial Council: Ron Overholt, Kim Davis, Clifford Ham, Administrative
Office of the Courts, Office of Court Construction and Management
Under Negotiation: Price and Terms
K. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code section 54957)
Title: Chief Administrative Officer
ACTION:
Any reportable matters will be announced on Wednesday, September 17, 2008,
prior to the Board of Supervisors Planning and Land Use meeting.
27. SUBJECT: PRESENTATIONS/AWARDS
OVERVIEW:
Special Presentation of CSAC Challenge & Merit Awards by Paul McIntosh,
Executive Director of CSAC.
Chairman Greg Cox presented a proclamation declaring September 2008, San
Diego County Sheriff’s Department Search & Rescue Month throughout the
County of San Diego.
Vice Chairwoman Dianne Jacob presented a proclamation declaring
September 16, 2008, Eddie Cisco Day throughout the County of San Diego.
Supervisor Pam Slater-Price presented a proclamation declaring September 2008,
Healthy Aging Month throughout the County of San Diego.
Supervisor Bill Horn presented a proclamation declaring September 2008, The
Palomar Mountain Volunteer Fire Department Month throughout the County of
San Diego.
28. SUBJECT: PUBLIC COMMUNICATION
OVERVIEW:
John Trang, Alma Rosero, Jerry Diebert, Patrick Thompson and Sana Hanna
spoke to the Board concerning United Domestic Workers of America.
ACTION:
Heard, referred to the Chief Administrative Officer.
9/16/08 38
There being no further business, the Board adjourned at 12:06 p.m. in memory of
James Tedrow Gauntt, Ross Daily, Larry Case, Mike Ambrose, Harold Ball,
Norm Cozens, Marion Miller.
THOMAS J. PASTUSZKA
Clerk of the Board of Supervisors
County of San Diego, State of California
Consent: Vizcarra
Discussion: Mazyck
NOTE: This Statement of Proceedings sets forth all actions taken by the County of San
Diego Board of Supervisors on the matters stated, but not necessarily the chronological
sequence in which the matters were taken up.
9/16/08 39
