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STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING TUESDAY, MARCH 22, 2005, 9:00 AM Board of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California MORNING SESSION: - Meeting was called to order at 9:05a.m. Present: Supervisors Pam Slater-Price, Chairwoman; Bill Horn, Vice-Chairman; Greg Cox; Dianne Jacob; Ron Roberts; also Thomas J. Pastuszka, Clerk. Invocation and Pledge of Allegiance was led by Ken Ellsworth, Bishop of the Rancho Penasquitos 3 rd Ward of the Church of Jesus Christ of Latter-day Saints. Approval of Statements of Proceedings/Minutes for the Meetings of March 1, 2005 and March 14, 2005 ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board of Supervisors approved the Statements of Proceedings/Minutes for the meetings of March 1, 2005 and March 14, 2005 AYES: Cox, Jacob, Slater-Price, Roberts, Horn 3/22/05 1

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Page 1: STATEMENT OF PROCEEDINGS · Web viewAllocate $15,000 from the Community Projects budget (15665) to the Filipino-American Humanitarian Foundation to purchase a monument of Dr. Jose

STATEMENT OF PROCEEDINGSCOUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETINGTUESDAY, MARCH 22, 2005, 9:00 AM

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

MORNING SESSION: - Meeting was called to order at 9:05a.m.Present: Supervisors Pam Slater-Price, Chairwoman; Bill Horn, Vice-Chairman; Greg Cox; Dianne Jacob; Ron Roberts; also Thomas J. Pastuszka, Clerk.

Invocation and Pledge of Allegiance was led by Ken Ellsworth, Bishop of the Rancho Penasquitos 3rd Ward of the Church of Jesus Christ of Latter-day Saints.

Approval of Statements of Proceedings/Minutes for the Meetings of March 1, 2005 and March 14, 2005

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board of Supervisors approved the Statements of Proceedings/Minutes for the meetings of March 1, 2005 and March 14, 2005

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

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Category Agenda No. Subject

Community Services 1. NOTICED PUBLIC HEARING:CONDUCT A BID OPENING AND APPROVE THE SALE OF REAL PROPERTY – 9000 BLOCK, LOS COCHES ROAD, LAKESIDE – COUNTY PARCEL 2004-0027-A(4 VOTES)

2. NOTICED PUBLIC HEARING:RECOMMENDED 2005-2006 ANNUAL FUNDING PLAN AND 2005-2010 CONSOLIDATED PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, EMERGENCY SHELTER GRANT, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAMS

3. LEASE AGREEMENTS FOR THE BONITA-SUNNYSIDE LIBRARY AND MUSEUM PROJECT

4. CITY OF LA MESA LIBRARY

5. SECOND AMENDMENT TO LEASE AGREEMENT - FRATERNITY HOUSE, INC. – SAN MARCOS LANDFILL BUFFER, SAN MARCOS

6. FLEET VEHICLE ACQUISITION POLICY: H-2

7. ACQUISITION OF AN AUTOMATED FUEL SYSTEM [FUNDING SOURCE(S): A LOAN FROM THE FLEET SERVICES INTERNAL SERVICE FUND (ISF) EQUIPMENT ACQUISITION BUDGET]

8. PROCUREMENT OF SPECIALIZED COUNTY VEHICLES [FUNDING SOURCE(S): COUNTY DEPARTMENTS THAT PAY DEPRECIATION CHARGES TO THE FLEET SERVICES INTERNAL SERVICE FUND (ISF)]

9. ACCEPTANCE OF GIFTS TO THE DEPARTMENT OF ANIMAL SERVICES

10. ACCEPTANCE OF GIFTS AND REACH OUT AND READ GRANT FOR THE SAN DIEGO COUNTY LIBRARY

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Category Agenda No. Subject

(4 VOTES)

11. THIRD AMENDMENT TO LEASE FOR COUNTY COUNSEL - 4955 MERCURY STREET, SAN DIEGO[FUNDING SOURCE(S): GENERAL PURPOSE REVENUES]

Health & Human Services

12. HOSPITALIZATION AND TRAUMA CARE 2025 REGIONAL FORECAST FOR SAN DIEGO COUNTY

13. INVESTMENT OF FIRST 5 COMMISSION OF SAN DIEGO FUNDS

14. SAN DIEGO COUNTY PSYCHIATRIC HOSPITAL AND EDGEMOOR HOSPITAL ANNUAL MEDICARE AND MEDI-CAL COST REPORTS: PROCUREMENT OF SERVICES FROM HFS CONSULTANTS[FUNDING SOURCE(S): STATE OF CALIFORNIA PATIENT CARE REIMBURSEMENT (MEDI-CAL FUNDING)]

15. TUBERCULOSIS CONTROL REVENUE AGREEMENT[FUNDING SOURCE(S): STATE DEPARTMENT OF HEALTH SERVICES]

16. CONFIRMATION OF APPOINTMENT TO COMMUNITY ACTION BOARD

Public Safety 17. FY 2004-2005 COUNTY FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES GRANT AWARDS[FUNDING SOURCE(S): GENERAL COUNTY FUND BALANCE]

18. PUBLIC SAFETY GROUP REQUEST FOR PROPOSAL FOR COMMUNITY EMERGENCY NOTIFICATION SYSTEM (CENS)[FUNDING SOURCE(S): FY2004 HOMELAND SECURITY GRANT – LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM (LETPP)]

19. CHOICE PROGRAM CONTINUATION [FUNDING SOURCE(S): COUNTY GENERAL PURPOSE REVENUES]

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Category Agenda No. Subject

20. SHERIFF’S DEPARTMENT REPORT OF INMATE WELFARE FUND EXPENDITURES FOR FISCAL YEAR 2003-04

Financial & General Government

21. LOCAL COMMUNITY PROJECTS GRANTS [FUNDING SOURCE(S): COMMUNITY PROJECTS BUDGET (ORG 0263)]

22. LOCAL COMMUNITY PROJECTS

23. RESOLUTION AND ORDINANCE TO ESTABLISH, INCREASE, OR REPEAL ASSEESOR/ RECORDER/ COUNTYCLERK FEES

24. REQUEST FOR APPROVAL OF FUNDING FOR AN AUTOMATED ACCOUNTS RECEIVABLE SYSTEM (4 VOTES)

25. DO-IT-BETTER-BY-SUGGESTION (D.I.B.B.S.) PROGRAM MONETARY AWARD[FUNDING SOURCE(S): GENERAL PURPOSE REVENUES]

26. NOTICED PUBLIC HEARING:CONFLICT OF INTEREST CODE: VARIOUS AGENCIES[FUNDING SOURCE(S): FISCAL YEAR 2004/2005 ADOPTED BUDGET]

Communications Received

27. COMMUNICATIONS RECEIVED

Financial & General Government

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

Appointments 29. ADMINISTRATIVE ITEM:APPOINTMENTS

Public Safety 30. WAGING THE FIGHT AGAINST EAST COUNTY GANGS

Financial & General Government

31. ALLOCATION OF COMMUNITY PROJECTS FUNDSFUNDING SOURCE(S): COMMUNITY PROJECTS BUDGET (15665)]

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Category Agenda No. Subject

Closed Session 32. CLOSED SESSION

Financial & General Government

33. SUPPORT FOR FEDERAL LEGISLATION AUTHORIZED BY U.S. SENATOR MEL MARTINEZ AND CONGRESSMAN DAVE WELDON

Presentations/Awards 34. PRESENTATIONS/AWARDS

Public Communication 35. PUBLIC COMMUNICATION

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1. SUBJECT: NOTICED PUBLIC HEARING:CONDUCT A BID OPENING AND APPROVE THE SALE OF REAL PROPERTY – 9000 BLOCK, LOS COCHES ROAD, LAKESIDE – COUNTY PARCEL 2004-0027-A (DISTRICT: 2)

OVERVIEW:On February 1, 2005 (7), the Board took action as recommended, on Consent, setting Hearing for March 22, 2005, at 9:00am; and adopting Resolution No. 05-08 entitled A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO OF INTENTION TO SELL REAL PROPERTY AND NOTICE INVITING BIDS (DEFERRED PAYMENT TERMS).

The County of San Diego owns a 38,276-square-foot parcel in the 9000 block of Los Coches Road in the community of Lakeside (Thomas Guide, Page 1232, C6). The property was originally acquired in 1932 for excavation (borrow site) and is now excess to County needs. The Department of General Services is requesting that this property be declared surplus property and be offered for sale to the highest bidder.

FISCAL IMPACT:If approved, and if an all-cash sale is consummated, this request will result in approximately $80,000 in current-year revenue to the Department of Public Works Road Fund and no annual revenue. Alternatively, if a sale using County financing is consummated, this request will result in approximately $16,000 in current-year revenue, $5,760 in annual interest-payment revenue for a period of up to five years, and the pay-off of the principal balance of approximately $64,000 at the end of five years or less. There are no additional staff years associated with this request.

BUSINESS IMPACT STATEMENT:Construction activity may result from the sale of this property should the successful bidder decide to build upon the site.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Conduct a bid opening and approve the sale of County Parcel 2004-0027-A to the highest

bidder.

2. 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 Cox, the Board of Supervisors conducted the bid opening, closed the Hearing, and took action as recommended, accepting the bid from Angel P. Antonio in the amount of $226,000.00.

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

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2. SUBJECT: NOTICED PUBLIC HEARING:RECOMMENDED 2005-2006 ANNUAL FUNDING PLAN AND 2005-2010 CONSOLIDATED PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, EMERGENCY SHELTER GRANT, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAMS (DISTRICT: ALL)

OVERVIEW:Following public testimony today on the Draft 2005-2006 Annual Funding Plan, Draft 2005-2010 Consolidated Plan, Draft Citizen Participation Plan, and Draft Residential Anti-displacement and Relocation Assistance Plan, for the Community Development Block Grant, HOME Investment Partnerships (including the HOME American Dream Downpayment Initiative), Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS programs, this action will approve these plans in principle. It will also direct staff to return to the Board of Supervisors with any additional required information following a 30-day public review and comment period.

The preliminary recommendations follow the Board's previously approved FY 2005-2006 Annual Funding Plan Strategy that allocated a formula-defined portion of the entitlement funds to participating and HOME Consortium cities, and to the County unincorporated area. Board offices reviewed these preliminary recommendations and their funding priorities are included. The Annual Funding Plan is intended to address community development and housing needs summarized in the five-year Consolidated Plan.

A total of $12.5 million will be available to the San Diego County Consortium in FY 2005-2006 from these four U.S. Department of Housing and Urban Development entitlement programs. The programs provide funds for revitalization of lower income communities, development of affordable housing for low-income residents and persons with special needs, and implementation of homeless assistance programs. Since the start of these programs, many community facilities benefiting lower income households have been constructed or renovated, including community, senior and youth centers, parks, drainage facilities and sidewalk improvements, as well as affordable housing projects, that would not have been possible without these funds.

FISCAL IMPACT:This request to receive public testimony has no fiscal impact. If approved on May 10, 2005, the 2005-2006 Annual Funding Plan for the Community Development Block Grant, HOME Investment Partnerships, including the HOME American Dream Downpayment Initiative, Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS Programs is expected to result in federal revenues totaling $12,521,251 that will be spent for community development, affordable housing, and emergency shelter grant projects. It will require the addition of no staff years and there is no net General Fund cost. Assuming that the four entitlement programs are funded at a constant level during the next five years, it is expected that $62,606,255 in federal revenues would be received during the five-year period of the Consolidated Plan.

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BUSINESS IMPACT STATEMENT:This recommendation will have a positive impact on the business community. Many of the recommended projects include construction that will be implemented by private firms selected through a competitive bid process.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Receive public testimony on the Draft 2005-2006 San Diego County Annual Funding

Plan, Draft 2005-2010 Consolidated Plan, Draft Citizen Participation Plan, and Draft Anti-displacement and Relocation Assistance Plan, for the Community Development Block Grant, HOME Investment Partnerships, including the HOME American Dream Downpayment Initiative, Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS programs.

2. Approve the Draft 2005-2006 Annual Funding Plan, Draft 2005-2010 Consolidated Plan, Draft Citizen Participation Plan, and Draft Anti-Displacement and Relocation Assistance Plan, in principle, refer any remaining issues to staff.

3. Direct staff to return to the Board of Supervisors on May 10, 2005 to consider approval of the Final 2005-2006 Annual Funding Plan and attachments, including responses to any Board referrals or comments from the public.

ACTION:ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board closed the Hearing and with staff indicating that the allocation for the Regional Task Force on the Homeless is $30,000, took action as recommended.

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

3. SUBJECT: LEASE AGREEMENTS FOR THE BONITA-SUNNYSIDE LIBRARY AND MUSEUM PROJECT (DISTRICT: 1)

OVERVIEW:The Bonita-Sunnyside Library and Museum Project includes an 8,000 square foot County library, a 2,000 square foot community space, a 4,000 square foot Bonita Museum and Cultural Center, and a 400 square foot Public Safety Center in two buildings on a vacant City-owned parcel on Bonita Road adjacent to the Chula Vista Golf Course. With a County library alongside the Bonita Museum and Cultural Center, the project provides a tremendous educational, cultural and community resource for the residents of Bonita-Sunnyside, in one central location.

Approval of these recommendations will waive Board Policies B-29 and F-51 pertaining to full cost recovery and market rate leasing of County real property and authorize lease agreements with the Bonita Historical Society and the Bonita Business and Professional Association.

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FISCAL IMPACT:There is no fiscal impact associated with these recommendations.

RECOMMENDATION:SUPERVISOR COX:1. Waive Board Policies B-29 and F-51 pertaining to Department of General Services'

responsibility for full cost recovery and market rate leasing of County real property.

2. Authorize the Director, Department of General Services, to execute lease agreements, for terms not to exceed ten years, for the Bonita Public Safety Center, including a small office space in the Library and the Bonita Museum and Cultural Center.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

4. SUBJECT: CITY OF LA MESA LIBRARY (DISTRICT: 2)

OVERVIEW:The City of La Mesa has requested that the County consider entering into an agreement that would transfer the ownership of the current County Library and Fine Arts building and property to the City in exchange for a commitment by the City to permanently house the library at no expense to the County. The City has proposed to relocate the existing library into an interim facility to be constructed to the west of the La Mesa City Hall until such time that the City builds a new permanent library with funds from a future State Library Bond Act.

FISCAL IMPACT:There is no fiscal impact as a result of this action. It is anticipated that the County will receive value from the City of La Mesa equivalent to the value of the property to be transferred.

RECOMMENDATION:SUPERVISOR JACOB:1. Find that this activity is categorically exempt from the California Environmental Quality

Act (CEQA) under section 15262 of the CEQA Guidelines, as it is part of a study/process for possible future action which the County has not yet approved, adopted, or funded.

2. Authorize the Director, Department of General Services, to enter into negotiations with the City of La Mesa for the transfer of the property (Assessor Parcel Number 470-250-13) containing the La Mesa Library and Fine Arts Center in exchange for a commitment by the City to temporarily and permanently house the library at no expense to the County, and return to the Board within 60 days with a Memorandum of Understanding with the City of La Mesa.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

5. SUBJECT: SECOND AMENDMENT TO LEASE AGREEMENT - FRATERNITY HOUSE, INC. – SAN MARCOS LANDFILL BUFFER, SAN MARCOS (DISTRICT: 5)

OVERVIEW:On February 16, 1993 (7) the Board approved a $1 per year lease with Fraternity House, Inc. for a single-family residence at 20702 Elfin Forest Road, in the City of San Marcos, for use as a residential shelter for Acquired Immune Deficiency Syndrome (AIDS) patients. On July 12, 1996 a First Amendment to Lease was executed extending the original five-year term to ten years, expiring on May 31, 2003. The Lease Agreement has been on holdover while the Fraternity House processed a request for a Conditional Use Permit from the City of San Marcos for the continued use of this facility. On December 6, 2004, the City of San Marcos Planning Commission approved CUP-03-619 for an initial five-year term with an administrative approval for an additional five years subject to the terms and conditions contained in the CUP.

This action would authorize the Director, Department of General Services, to execute the Second Amendment to Lease extending the lease term for five years with an option for an additional five years, subject to the Fraternity House obtaining administrative approval from the City of San Marcos for the five-year extension of the CUP. All other lease terms and conditions will either remain in effect or be modified to insure compliance with current County Ordinances and Policies.

FISCAL IMPACT:The Department of Public Works, Landfill Management will lose the estimated fair market rent from the lease of the single-family residence of approximately $2,500 monthly, $30,000 annually. Additional major maintenance costs could be incurred during the term of the lease. Fraternity House Inc. will be responsible for all minor maintenance. There are no staff years associated with this action.

RECOMMENDATION:VICE CHAIRMAN HORN:1. Find that this activity is not subject to the environmental assessment process as it is

categorically exempt under Article 19, Section 15301 of the State of California Environmental Quality Act Guidelines, being a continued use of an existing facility.

2. Waive Board Policies B-29 and F-51 pertaining to department responsibility for cost recovery and market rate leasing of County real property.

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3. Authorize the Director, Department of General Services, to execute the Second Amendment to Lease with Fraternity House, Inc.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

6. SUBJECT: FLEET VEHICLE ACQUISITION POLICY: H-2 (DISTRICT: ALL)

OVERVIEW:On February 24, 2004 (2), on the recommendation of Supervisor Roberts, the Board directed the Chief Administrative Officer to work with County Counsel and the Department of General Services to develop a standard policy for County vehicle purchases. The Board specifically recommended limiting the purchase of Sport Utility Vehicles (SUVs) to those essential for performing County functions. However, the broader goals of such a policy were cited: reducing air pollution and emissions; and reducing costs to the taxpayer for gasoline and car purchases by choosing fuel-efficient, Alternative Fuel Vehicles (AFVs) and Hybrid vehicles. This policy addresses all of those goals, and applies to all purchases including those authorized December 14, 2004 (9) to standardize fleet vehicles on Ford Motor products for five years.

FISCAL IMPACT:The fiscal impact of this policy will depend on the number and types of vehicles replaced. A typical SUV costs anywhere from $6,000 to $15,000 more per vehicle than a standard sedan, and the annual fuel cost of a typical SUV is estimated at about two times greater than a standard sedan. While the Hybrid vehicles available today cost approximately $10,000 more than a standard sedan, Hybrids typically achieve about a 30 percent improvement in fuel economy compared with similar gasoline-powered vehicles. (San Diego Westways, “The Green Car Issue,” Jan-Feb 2005). Cost data will be evaluated and made available as soon as purchase and use experience allow.

BUSINESS IMPACT STATEMENT:Expenditures resulting from this action may create private sector jobs and economic opportunities through purchases of vehicles and equipment.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find that the proposed Fleet Vehicle Acquisition Policy is categorically exempt from

environmental review in accordance with Section 15061 (b) (1) of the California Environmental Quality Act because it is not a project as defined by Section 15378.

2. Approve Policy H-2, Fleet Vehicle Acquisition Policy outlining procedures to be followed by the Department of General Services and the Department of Public Works in future purchases of County-owned fleet vehicles.

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

AYES: Cox, Slater-Price, Horn, RobertsRECUSED: Jacob

7. SUBJECT: ACQUISITION OF AN AUTOMATED FUEL SYSTEM (DISTRICT: ALL)

OVERVIEW:The Department of General Services manages and provides the vehicles and fuel to meet the County’s transportation needs. The Fleet Management Division uses an automated fuel system for inventory control, fuel security, and the availability of vehicle usage data. The existing fuel system, originally purchased in 1982 and upgraded in 1997, is functional, but now obsolete and no longer supported by the vendor. Additionally, Fleet Management, the County Technology Office, and the Pennant Alliance have determined the current system is unstable and unreliable. This action will authorize the purchase of a new, automated fuel system known as Maximus Fuel Focus, which offers several advantages over the current system, including seamless integration with the existing Fleet Management Information system and elimination of duplicate databases.

FISCAL IMPACT:Funds for this request are budgeted. The funding source is a loan from the Fleet Services Internal Service Fund (ISF) equipment acquisition budget and will be repaid over ten years via the Fleet Services ISF fuel surcharge. The estimated purchase cost is $835,000. The proposed action will result in no additional staff years.

BUSINESS IMPACT STATEMENT:Expenditures resulting from this action may create private sector jobs and economic opportunities through purchases of systems and software.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERIn accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Purchasing and Contracting to enter into negotiations with Maximus-Asset Solutions and, subject to successful negotiations and determination of a fair and reasonable price, execute a contract to purchase an automated fuel system, and to amend the contracts as needed to reflect changes to services and funding, subject to approval of the Director, Department of General Services. Waive the advertising requirement of Board Policy A-87.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

8. SUBJECT: PROCUREMENT OF SPECIALIZED COUNTY VEHICLES (DISTRICT: ALL)

OVERVIEW:This is a request to extend current agreements for the procurement of Sheriff’s transportation busses and undercover law enforcement vehicles for the Sheriff and the District Attorney. This letter also requests authority to purchase alternative fuel and hybrid vehicles for use by all County departments. Previous Board actions on October 22, 1996 (38) and December 7, 1999 (6), respectively, authorized the procurement of Motor Coach Industry busses and specific makes and models of vehicles for undercover law enforcement assignments. Due to the limited production and availability of alternative fuel and hybrid vehicles, these vehicles are available from selected manufacturers only. This letter requests the authority to purchase these vehicles to meet the operational needs of County departments for a period of five years. Every effort will be made to obtain competitive pricing in each category of vehicle.

FISCAL IMPACT:Funds for this request are budgeted. The funding source is the County departments that pay depreciation charges to the Fleet Services Internal Service Fund (ISF) and is for an estimated annual expenditure of approximately $1,000,000. The proposed action will result in no additional staff years.

BUSINESS IMPACT STATEMENT:Expenditures resulting from this action may create private sector jobs and economic opportunities through purchases of vehicles and equipment.

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

the Director, Purchasing and Contracting to enter into negotiations with Motor Coach Industry and, subject to determination of fair and reasonable price, award a contract to supply transportation busses for Sheriff’s transportation needs for up to five years and to amend the agreement as needed to reflect changes to services and funding subject to the approval of the Director of General Services. Waive the advertising requirement of Board Policy A-87.

2. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Purchasing and Contracting to enter into negotiations and, subject to determination of fair and reasonable price, award contracts for specific makes and models for undercover law enforcement vehicles and alternative fuel and hybrid vehicles subject to the approval of the Director of General Services. Waive the advertising requirement of Board Policy A-87.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

9. SUBJECT: ACCEPTANCE OF GIFTS TO THE DEPARTMENT OF ANIMAL SERVICES (DISTRICT: 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, and Board of Supervisor approval to accept individual gifts over $5,000, is required. This action will ratify or accept gifts received by the Department of Animal Services between the period of July 1, 2004 and December 31, 2004.

The gifts to the Department of Animal Services during this period included a donation of $6,000 from Science Applications International Corporation (SAIC). These funds are earmarked to benefit the North County Animal Shelter, and will be used for facility enhancements at the new County Animal Shelter in Carlsbad.

The Department of Animal Services is grateful to receive such a generous donation. The new 32,000-square-foot animal shelter is expected to be completed this summer, and will offer improved services to the public, enhanced medical care for animals, and better adoption prospects for orphaned pets.

FISCAL IMPACT:Between July 1, 2004 and December 31, 2004, the Department of Animal Services received cash donations of $15,575.41, and a non-cash donation valued at $1,285. No additional staff years are required, and no additional appropriations are necessary because donations were anticipated in the development of the Department’s budget. These funds are much appreciated and used for equipment, supplies, facility enhancements, and Department programs that enrich the life of shelter animals in accordance with the wishes of the donors.

The donation of $6,000 has been deposited in the North County Animal Shelter Building Trust Fund (512715) pending approval of this request.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. In accordance with Administrative Code section 66, accept the Department of Animal

Services Report of Gifts for the period of July 1, 2004 through December 31, 2004, and ratify the acceptance of the SAIC gift for $6,000.

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2. Authorize the Chairwoman of the Board of Supervisors to sign a letter of appreciation for the SAIC donation.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

10. SUBJECT: ACCEPTANCE OF GIFTS AND REACH OUT AND READ GRANT FOR THE SAN DIEGO COUNTY LIBRARY (DISTRICT: ALL)

OVERVIEW:The County Library has received numerous gifts from individuals and groups that are interested in promoting library service to their communities. County of San Diego Administrative Code, Section 66, permits the acceptance of gifts by the administrative head of each department of the County, subject to ratification by the Board of Supervisors. A report of all individual gifts not exceeding $5,000 is required, as well as Board of Supervisors’ approval to accept individual gifts over $5,000. This action will ratify or accept gifts received by the County Library between July 1, 2004 and December 31, 2004, including $102,105 from the Community Dollar-For-Dollar Matching Funds Program.

On September 1, 2004, the State Library invited the County Library to apply for a Reach Out and Read grant to implement a literacy partnership between public libraries and local medical clinics that encourages parents to read out loud to their young children. The grant has been approved and funded by the State. Board of Supervisor’s approval is requested to ratify the application, accept the grant, and establish appropriations in the amount of $5,800

FISCAL IMPACT:The County Library received donations of $207,738.74 between July 1, 2004 and December 31, 2004. No additional appropriations are necessary because donations were anticipated in the development of the Library's budget. These funds are much appreciated and used for books, equipment and Library programs in accordance with the wishes of the donors.

Reach Out and Read Grant: The funds for this request are not budgeted and the funding source is a California Library grant. This request will result in current year cost and revenue of $5,800. No additional staff years are required

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Accept the County Library Report of Gifts for the period July 1, 2004 and December 31,

2004, in accordance with Administrative Code Section 66. Ratify the acceptance of gifts exceeding $5,000.

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

3. Ratify application for and accept award of $5,800 for the Reach Out and Read literacy grant.

4. Establish appropriations of $5,800 for the Reach Out and Read program based on a grant from the State of California. (4 VOTES)

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

11. SUBJECT: THIRD AMENDMENT TO LEASE FOR COUNTY COUNSEL - 4955 MERCURY STREET, SAN DIEGO (DISTRICT: 4)

OVERVIEW:The Board of Supervisors is requested to approve a five-year lease renewal for County Counsel's 14,572 square feet of office space at 4955 Mercury Street, San Diego. The Third Amendment to Lease extends the term for an additional five years and provides for refurbishment to the premises. The full service lease rate of $1.30 per square foot per month is within the market range for similar properties recently leased in the area.

FISCAL IMPACT:Funds for this request are budgeted. The funding source is General Purpose Revenues. If approved, this request will result in $189,624 current year cost, an annual cost of $229,600, and will require no additional staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find, in accordance with Article 19, Section 15301 of the California Environmental

Quality Act (CEQA) Guidelines, that the Third Amendment to Lease is categorically exempt from the provisions of the guidelines, as it involves the continuation of an existing use.

2. Approve and authorize the Clerk of the Board of Supervisors to execute four copies of the Third Amendment to Lease for 4955 Mercury Street, San Diego, County Contract Number 08495-5350-E.

3. Authorize the Director, Department of General Services, to exercise the options to extend the lease prior to its expiration, if appropriate.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

12. SUBJECT: HOSPITALIZATION AND TRAUMA CARE 2025 REGIONAL FORECAST FOR SAN DIEGO COUNTY (DISTRICT: ALL)

OVERVIEW:The health and well being of all County residents lies at the core of our mission to serve the public.

Our County population is expected to hit 3.9 million by 2020. The most recent statistics indicate that more than 686,000 residents in the region receive Medicare or Medi-Cal and it is estimated that more than 500,000 are entirely uninsured. Although difficult to estimate, anecdotal evidence points to thousands more who may be underinsured. Additionally, our location along the U.S./Mexico border results in the region’s hospitals bearing the cost of uncompensated care for a sizeable number of undocumented immigrants. Combined with the growing and aging of our local population as a whole, our region faces an enormous challenge of maintaining adequate trauma, emergency, inpatient and outpatient services that are affordable and accessible over the next two decades and beyond, especially for the working poor and indigent.

Today’s action would build upon the past leadership of the County to conduct a first-of-its-kind long-range needs assessment and analysis of the future inpatient, outpatient, emergency and trauma care needs of the region, focused on where and how these services should be provided over the next 10-20 years.

FISCAL IMPACT:There should be no impact upon the FY 04-05 Operational Plan. Costs should be met out of current appropriations and fund balance.

RECOMMENDATION:SUPERVISOR COX AND SUPERVISOR ROBERTS:1. Direct the Chief Administrative Officer to develop a needs assessment and

analysis of inpatient, outpatient, and emergency care over the next 20 years, specifically for the region’s working poor and indigent, as well as where trauma centers will be needed.

2. Direct the CAO to report back to the Board of Supervisors in 180 days with a status report on the progress of the needs assessment and analysis.

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ACTION:Revising Recommendation 2 to read: Direct the CAO to report back to the Board of Supervisors at the earliest possible date with a report on timeframe and cost of the needs assessment and analysis, also recommended that staff look at the possible phasing of work, consider opportunities and constraints, the County’s role, and to utilize previous studies. ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board took action as recommended.

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

13. SUBJECT: INVESTMENT OF FIRST 5 COMMISSION OF SAN DIEGO FUNDS (DISTRICT: ALL)

OVERVIEW:The First 5 Commission of San Diego uses revenue from voter-approved taxes on cigarettes and tobacco products to promote early childhood development. The Commission’s long-term goal is to ensure that all children in San Diego County enter school “ready to learn.”

A key element of the First 5 Commission’s financial model is investing funds that are not allocated as part of the annual budget process in a “sustainability reserve” intended to maintain service levels for 20 years. Currently, the investment return that can be achieved is constrained by a five-year limit on investments. Board action is requested to authorize the County Treasurer to make investments with maturity up to 20 years for the First 5 Commission.

This is consistent with the Investment Policy approved by the Commission, which provides for sufficient flexibility in the investment of the Commission’s sustainability reserve to prolong the life of the funds, while setting reasonable and prudent parameters for oversight of these funds.

FISCAL IMPACT:No impact to the General Fund is associated with this action. The Financial Plan can be administered with existing staff and resources.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERAuthorize the County Treasurer to invest funds from the sustainability reserve of the First 5 Commission of San Diego in securities with a maximum maturity of up to 20 years in accordance with the Commission’s Investment Policy.

ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took action as recommended.

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

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14. SUBJECT: SAN DIEGO COUNTY PSYCHIATRIC HOSPITAL AND EDGEMOOR HOSPITAL ANNUAL MEDICARE AND MEDI-CAL COST REPORTS: PROCUREMENT OF SERVICES FROM HFS CONSULTANTS (DISTRICTS: 2, 4)

OVERVIEW:Healthcare facilities are required to file annual reports of their operational cost to the Medicare and Medi-Cal Programs. The reports are prepared in accordance with stringent guidelines and submitted electronically by authorized healthcare financial accounting and consulting firms.

The Health and Human Services Agency utilized an authorized firm, HFS Consultants, to prepare these reports for the San Diego Psychiatric Hospital and Edgemoor Hospital for 2001, 2002 and 2003. The contract with HFS is now concluding and arrangements must be made to ensure that the County remains in compliance with State and Federal Standard on cost report preparation and submission for the Psychiatric Hospital and Edgemoor.

Board authorization is requested to contract with HFS Consultants to provide cost report preparation services to the Psychiatric Hospital and Edgemoor Hospital through 2007. HFS is uniquely qualified to provide the necessary services due to its knowledge of publicly owned, distinct part healthcare facilities such as Edgemoor.

FISCAL IMPACT:Funds for this request are included in the Fiscal Year 2004-05 and 2005-06 Operational Plans. The funding source is State of California Patient Care Reimbursement (Medi-Cal funding). If approved, this request will result in estimated FY 2004-05 costs and revenue of $40,000, FY 2005-06 costs and revenue of $40,000, and FY 2006-07 costs and revenue of $40,000. There will be no change in net General Fund Cost and no additional staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERIn accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Department of Purchasing and Contracting, to enter into negotiation with HFS Consultants; and subject to successful negotiations and determination of a fair and reasonable price, award a contract to prepare Medicare, Medi-Cal and OSHPD reports and provide assistance with provider based services for three 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 the approval of the Director, Health and Human Services Agency. Waive the advertising requirement of Board Policy A-87.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

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15. SUBJECT: TUBERCULOSIS CONTROL REVENUE AGREEMENT (DISTRICT: ALL)

OVERVIEW:On March 16, 1999 (3), the Board authorized the Health and Human Services Agency Director to seek additional external funding that will build capacity and enhance programs for early detection of threats to the public’s health. The primary mission of the Agency’s Tuberculosis Control Branch is to identify, locate and treat people with tuberculosis. There has been a 12% rise in the number of people contracting tuberculosis (TB) since the year 2000. TB poses a threat to public health in San Diego County and ongoing surveillance and case management is required to control this disease to protect the public health and safety.

Board authorization is requested to accept $50,739 from the State of California Department of Health Services for the County of San Diego to participate in a study to identify missed opportunities to detect and prevent tuberculosis (TB) in foreign-born populations in the United States and Canada. This State study, referred to as the Tuberculosis Consortium Task Order #9, is a collaborative effort between the federal Centers for Disease Control and Prevention (CDC) and the California Department of Health Services Tuberculosis Control Branch (CDHSTBCB), and requests local participation from counties.

FISCAL IMPACT:Funding for this request is included in the FY2004-06 Operational Plan. If approved, there will be no increase to current or subsequent year costs or revenue. The funding source is the State Department of Health Services. There will be no change to net General Fund costs and no additional staff years in the Health and Human Services Agency budget.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERRatify and authorize the Clerk of the Board to execute the Tuberculosis Consortium Task Order #9 Revenue Agreement in the amount of $50,739 with the California Department of Health Services for services for the period of January 1, 2005 through March 31, 2006 and to execute subsequent revenue agreements, amendments, extensions and renewals of the State revenue contract that do not materially impact or alter the program or funding level for current or subsequent funding years.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

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16. SUBJECT: CONFIRMATION OF APPOINTMENT TO COMMUNITY ACTION BOARD (DISTRICT: ALL)

OVERVIEW:The County of San Diego is the region’s designated Community Action Agency. Community Action Agencies administer and operate federally funded anti-poverty programs on the local level. The Board of Supervisors established the Community Action Board as the governing body for the Community Action program. In accordance with State law, the Community Action Board is made up of members representing three sectors of the community – the public sector, the private sector, and the low-income sector. It includes five members who represent the Board of Supervisors, seven members who represent economically disadvantaged persons throughout the county and three members who represent the private sector.

The Community Action Board recently selected four new members to fill expired terms in the economically disadvantaged sector. Action by the Board of Supervisors is requested to confirm the appointment of the member to the Community Action Board.

FISCAL IMPACT:There is no fiscal impact as a result of this proposal. If approved, this recommendation will result in no current year costs, no annual cost, and will require the addition of no staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERConfirm the selection of the following candidates, as members of the Community Action Board:

Carol Conger-Cross, Central Economically Disadvantaged Sector representative.

Cleo Malone, Central Economically Disadvantaged Sector representative.

André Binns, East Economically Disadvantaged Sector representative.

Rebecca Baez, South Economically Disadvantaged Sector representative.

ACTION:Correcting the Chief Administrative Officer’s appointment to the Community Action Board of Carol Conger-Cross to read East Economically Disadvantaged Sector representative and of André Binns to read Central Economically Disadvantaged Sector representative, ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

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17. SUBJECT: FY 2004-2005 COUNTY FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES GRANT AWARDS (DISTRICT(S): 1,2,5)

OVERVIEW:On September 28, 1999 (19), your Board directed the allocation of $200,000 to establish a trust fund for the capital improvement needs of fire agencies that rely heavily on volunteer firefighters. During budget deliberations, $200,000 was established in the Office of Emergency Services’ Budget for FY 2004-05 for continuing the support of fire capital improvement needs. The San Diego Task Force on Fire Protection and Emergency Medical Services developed the process for grant awards. The Task Force reviewed the grant applications and unanimously recommended thirteen projects to be funded.

FISCAL IMPACT:Funds for this request are budgeted. The funding source is the General County Fund balance. The funds are budgeted in the FY 2004-05 Operational Plan for the Office of Emergency Services’ budget. If approved, this request will result in $200,000 of current year costs, $0 annual cost, and will require the addition of no staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Approve and authorize the award of $4,500 to the Boulevard Volunteer Fire Department

(VFD) for new Fire Shelters Project.

2. Approve and authorize the award of $23,487 to the East County Fire Protection District (FPD) for the Bostonia Fire Station Repair Project.

3. Approve and authorize the award of $12,000 to the East County FPD for the new Mobile & Portable Radios Project.

4. Approve and authorize the award of $7,564 to the Elfin Forest VFD for the new Fire Shelters Project.

5. Approve and authorize the award of $7,372 to the Elfin Forest VFD for the new Safety Equipment Project.

6. Approve and authorize the award of $15,809 to the Intermountain VFD for the new Fire Hose Replacement Project.

7. Approve and authorize the award of $10,869 to the Julian FPD for the new Fire Shelters Project.

8. Approve and authorize the award of $14,362 to the Mount Laguna VFD for the new Self-Contained Breathing Apparatus (SCBA) Project.

9. Approve and authorize the award of $11,031 to the Ocotillo Wells VFD for the new Personal Protective Equipment Project.

10. Approve and authorize the award of $30,000 to the Pine Valley FPD for the new Fire Training Facility Project.

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11. Approve and authorize the award of $19,520 to the Rural FPD for the new Rescue Equipment Project.

12. Approve and authorize the award of $30,000 to the San Pasqual VFD for the new Type 3 Fire Engine Project.

13. Approve and authorize the award of $13,486 to the San Pasqual VFD for the new Personal Protective Equipment Project.

14. Find that the allocation of $23,487 in Trust funds to the East County – Bostonia for the Fire Station Repair Project as specified in Recommendation No. 2 is exempt from CEQA under State CEQA Guidelines section 15301.

15. Authorize the Director of the Office of Emergency Services to prepare and execute contracts between the County and each of the agencies listed in Recommendations 1 - 13 for receipt and use of the grant funds for the purposes specified above and to approve contract amendments that do not obligate the County to pay the agencies any additional funds.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

18. SUBJECT: PUBLIC SAFETY GROUP REQUEST FOR PROPOSAL FOR COMMUNITY EMERGENCY NOTIFICATION SYSTEM (CENS) (DISTRICT: ALL)

OVERVIEW:In March 2004, the Board of Supervisors authorized the Health and Human Services Agency to use Bioterrorism Preparedness Plan grant funds to expand their contract with Dialogic Communications Corporation (DCC) to include a Community Emergency Notification System (CENS). After software modifications and a series of community pilots, the system became operational in November 2004 in the unincorporated areas of the County and the Sheriff's nine contract cities.

This letter is to request authorization to issue a competitive solicitation for the procurement of a Community Emergency Notification System (CENS), as well as extend the current contract with DCC, if needed, for a smooth vendor transition. If approved, the contract will be for two (2) years with three (3) one-year renewal options and up to an additional six months if necessary. The total value of this contract is estimated to be $320,000.

FISCAL IMPACT:Funds for this request are partially budgeted. If approved, this request will result in one-time current year costs of up to $320,000 and subsequent year estimated costs of $45,000. The current year costs of $320,000 are budgeted in the Office of Emergency Services’ FY 2004-05 Adopted Operational Plan. The funding source is the FY2004 Homeland Security Grant –

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Law Enforcement Terrorism Prevention Program (LETPP). The estimated annual costs of $45,000 to maintain the system are expected to be funded by General Purpose Revenue, unless grant funding can be identified. This request will require the addition of no staff years.

RECOMMENDATION:PUBLIC SAFETY GROUP1. In accordance with Section 401, et. seq. of the County Administrative Code, authorize

the Director of the Department of Purchasing and Contracting to issue a competitive solicitation for a Community Emergency Notification System (CENS), and upon successful negotiations and determination of a fair and reasonable price, award a contract for a term of two (2) years, with three (3) one-year options 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 Sheriff.

2. Authorize the Director of Purchasing and Contracting to extend the current contract with DCC for up to six months if it is determined that it is needed to insure a smooth transition.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

19. SUBJECT: CHOICE PROGRAM CONTINUATION (DISTRICT: ALL)

OVERVIEW:This is a request to approve a contract extension with the San Diego State University (SDSU) Foundation for continuation of the CHOICE program for two years, with an option to renew contract services for an additional three years, through June 30, 2010. The existing service agreement with the SDSU Foundation expires June 30, 2005. CHOICE is an intensive case management and supervision program for wards of the Juvenile Court.

FISCAL IMPACT:Funds for this request are budgeted in the Probation Department’s Fiscal Year 2005-06 approved Operational Plan. If approved, this request will result in $600,000 of annual costs. No additional staff years are requested. The funding source is County General Purpose Revenues.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERIn accordance with Board Policy A-87, Section 2.B, Exceptions to Competitive Procurement, authorize the Director, Department of Purchasing and Contracting, to amend Contract No. 43203 with San Diego State University Foundation for the CHOICE program to extend the contract term for two years, through June 30, 2007, with an option to renew, on

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an annual basis, for three additional one-year periods, subject to the availability of funds; and to amend the contract as needed to reflect changes to services and funding allocations, subject to approval of the Chief Probation Officer. Waive the advertising requirements of Board Policy A-87.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

20. SUBJECT: SHERIFF’S DEPARTMENT REPORT OF INMATE WELFARE FUND EXPENDITURES FOR FISCAL YEAR 2003-04 (DISTRICT: ALL)

OVERVIEW:Penal Code 4025 provides for the administration of an Inmate Welfare Fund and requires that an itemized report of expenditures be submitted annually to the Board of Supervisors. These expenditures are primarily for the benefit, education, and welfare of the inmates confined within the San Diego County adult detention facilities. The main funding sources for the Inmate Welfare Fund are inmate telephone revenues and excess revenues from the sale of commissary items to the inmates.

FISCAL IMPACT:There is no fiscal impact as a result of this action. There is no net county cost and this action will require the addition of zero staff years.

RECOMMENDATION:SHERIFFNote and file the Fiscal Year 2003-04 Report of Inmate Welfare Fund Expenditures.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

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21. SUBJECT: LOCAL COMMUNITY PROJECTS GRANTS (DISTRICT: 3)

OVERVIEW:Funding for the Community Projects Grant program was included in the fiscal year 2004-2005 adopted budget in order to further public purposes throughout the County.

FISCAL IMPACT:The current year total combined cost of these 13 projects is $170,000. The funding source is the Community Projects Budget (org 0263). This will result in the addition of no staff years and no future year costs.

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

Encinitas – La Costa Rotary for their “Kids in the Community” program(s).

2. Allocate $10,000 from the Community Projects Grant Budget (org 0263) to Mental Health Systems, Inc. for their “Walk for Recovery 2005.”

3. Allocate $5,000 from the Community Projects Grant Budget (org 0263) to Serenity House to help offset costs associated with putting on their annual fundraising event.

4. Allocate $1,000 from the Community Projects Grant Budget (org 0263) to the Veteran’s Memorial Association for costs associated with putting on Veterans programs in the Rancho Bernardo area during holiday events and parades, as well as help purchase flags, plaques, and other necessary materials.

5. Allocate $3,000 from the Community Projects Grant Budget (org 0263) to the Solana Beach Chamber of Commerce for their annual “Fiesta del Sol” event.

6. Allocate $11,000 from the Community Projects Grant Budget (org 0263) to Spirit of the Fourth for Fourth of July parades and related events in the Rancho Bernardo area.

7. Allocate $15,000 from the Community Projects Grant Budget (org 0263) to San Diego EarthWorks for the Rose Creek Watershed Project.

8. Allocate $10,000 from the Community Projects Grant Budget (org 0263) to the San Diego Blood Bank to assist with the purchase of a new van.

9. Allocate $5,000 from the Community Projects Grant Budget (org 0263) to the Rancho Penesquitos Town Council for their annual “Fiesta de los Penesquitos” event.

10. Allocate $10,000 from the Community Projects Grant Budget (org 0263) to Malashock Dance to assist with production and distribution costs associated with “Love and Murder.”

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11. Allocate $10,000 from the Community Projects Grant Budget (org 0263) to the La Jolla Town Council for the Scripps Park Project.

12. Find that the allocation to the Baker Branch of the Boys and Girls Club of Escondido is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15030.

13. Allocate $50,000 from the Community Projects Grant Budget (org 0263) to the YMCA of Escondido for a new outdoor basketball court at their Baker Branch.

14. Allocate $30,000 from the Community Projects Grant Budget (org 0263) to the San Diego Shakespeare Society for the Society’s “Student Shakespeare Festival” and help offset the costs of promotional materials, educational information, and instructional classes associated with the Festival.

15. Authorize the Chief Financial Officer to execute grant agreements with the above-mentioned organizations, establishing terms for receipt of the funds described above.

16. Find that the grants described above have a public purpose.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

21.2 ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board reopened the item for reconsideration.

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

21.3 ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board deleted recommendation number 14 and took action as recommended.

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

22. SUBJECT: LOCAL COMMUNITY PROJECTS (DISTRICT: 1)

OVERVIEW:The County of San Diego is fortunate to have an opportunity to reinvest taxpayer money into our communities for the benefit of the public. This action today will assist several community-based organizations in meeting the needs of individuals and families.

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FISCAL IMPACT:The fiscal impact of the proposed recommendations is $254,600. This action will result in the addition of no staff years and no future costs.

RECOMMENDATION:SUPERVISOR COX:1. Allocate $3,000 from the Community Projects budget (org 15650) to the American Lung

Association of San Diego/Imperial Counties for costs associated with the San Diego Regional Asthma Coalition’s World Asthma Day Community Health Fair in National City.

2. Find that the allocations to the Boys & Girls Club of Inland North County, Friends of Chula Vista Nature Center and People for Trees are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301.

3. Allocate $90,000 from the Community Projects budget (org 15650) to the Boys & Girls Club of Inland North County for the replacement of the gym floor and the completion of a drainage diversion project at the William J. Oakes Club in Logan Heights.

4. Allocate $5,500 from the Community Projects budget (org 15650) to the Bronze Triangle Community Development Corporation to purchase trees for the Tree Planting Day of Service.

5. Allocate $15,000 from the Community Projects budget (org 15650) to the Center for Injury Prevention for costs associated with RaceLegal.com’s 2005 racing events.

6. Allocate $13,200 from the Community Projects budget (org 15650) to the Chula Vista Veterans Home Support Foundation for the purchase of two sling lifters.

7. Allocate $1,400 from the Community Projects budget (org 15650) to Classics for Kids for music purchase and rental, piano rental and tuning, and office supplies for the Arts in Harmony Health Fair in San Ysidro.

8. Allocate $50,000 from the Community Projects budget (org 15650) to the Friends of the Chula Vista Nature Center for costs associated with the renovation of the Discovery Center and its exhibits.

9. Allocate $15,000 from the Community Projects budget (org 15650) to I Love A Clean San Diego for costs associated with the inland cleanup efforts of California Coastal Cleanup Day, San Diego County.

10. Allocate $5,000 from the Community Projects budget (org 15650) to Paradise Valley Hospital for costs associated with the South Bay Partnership’s “Males As Positive Forces 4” Conference.

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11. Allocate $10,000 from the Community Projects budget (org 15650) to People For Trees for energy efficient windows, skylights and lead abatement at the Urban Forestry Resource and Information Center in Ocean Beach.

12. Allocate $5,000 from the Community Projects budget (org 15650) to Point Loma Nazarene University for costs associated with the “Where Do We Go From Here?” Foreign Affairs Conference.

13. Allocate $15,000 from the Community Projects budget (org 15650) to San Diego Baykeeper for costs associated with the beach cleanup efforts of California Coastal Cleanup Day, San Diego County.

14. Allocate $1,500 from the Community Projects budget (org 15650) to the San Diego Dance Theater for costs associated with the “Song of Nyumbani” production at the San Pasqual Academy.

15. Allocate $20,000 from the Community Projects budget (org 15650) to the San Diego/Imperial Counties Chapter of the American Red Cross for their technology upgrade of 15 computer workstations.

16. Allocate $5,000 from the Community Projects budget (org 15650) to the Southwest Wetlands Interpretive Association for costs associated with the Ramsar celebration in the Tijuana River Valley.

17. Authorize the use of $3,500 of FY 2004-2005 Community Enhancement Funds allocated to the Downtown San Diego Partnership Foundation for costs associated with the C Street public art project.

18. Authorize the Chief Financial Officer to execute grant agreements with the organizations listed in recommendations 1 and 3 through 16, establishing terms for the receipt of the funds described above.

19. Authorize the Chief Financial Officer to amend the grant agreement with Downtown San Diego Partnership to allow use of the $3,500 for the C Street public art project.

20. Find that the grant awards described above have a public purpose.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

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23. SUBJECT: RESOLUTION AND ORDINANCE TO ESTABLISH, INCREASE, OR REPEAL ASSEESOR/RECORDER/COUNTYCLERK FEES. (DISTRICT: ALL)

OVERVIEW:Each year the Assessor/Recorder/County Clerk reviews certain fees to determine if the fee continues to recover costs as required under Board Policy B-29 “Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery” and as authorized under various State statutes. Also, from time to time, the department finds it appropriate to establish new fees for services or products. Submitted for your Board’s consideration is a resolution establishing a new fee for Transfer Tax Refunds, increasing fees for customized images, deleting the fee for pre-sorted images, and decreasing the annual fee for subscription services for images. Also submitted for your Board’s consideration is a proposed Ordinance authorizing the establishment of a fee for filing a Fictitious Business Name (FBN) and the fee for an FBN additional name or partner in excess of the amount prescribed by statute.

FISCAL IMPACT:If approved, this request will result in additional revenues that better reflect the cost of providing existing services. In total, the new and adjusted fees are expected to generate approximately $24,000 in additional revenue for the remainder of Fiscal Year 2004-05 and $144,000 in FY 2005-06 and subsequent years. No additional staff years are required.

BUSINESS IMPACT STATEMENT:The proposed new and adjusted fees are considered too small to have a measurable impact on the local business community.

RECOMMENDATION:ASSESSOR/RECORDER/COUNTY CLERK AND CHIEF ADMINISTRATIVE OFFICER:1. Waive Board Policy B-29, “Fees, Grants & Revenue Contracts – Department

Responsibility for Cost Recovery”, to allow the proposed Assessor/Recorder/County Clerk fee for Transfer Tax Refunds to be adopted by resolution and to allow a fee that charges less than full cost recovery.

2. Adopt the RESOLUTION TO ESTABLISH, INCREASE, AND REPEAL FEES FOR IMAGING SERVICES AND ADOPT A FEE FOR TRANSFER TAX REFUNDS

3. Approve the introduction of the Ordinance (first reading) read title:

AN ORDINANCE ADDING SECTION 86.1 TO THE SAN DIEGO COUNTY ADMINISTRATIVE CODE, RELATING TO ESTABLISHMENT OF A FEE FOR FILING A FICTITIOUS BUSINESS NAME (FBN) AND A FEE FOR AN FBN ADDITIONAL NAME OR PARTNER.

Submit the Ordinance for further Board consideration and adoption (second reading) on April 12, 2005.

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ACTION:ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Resolution No. 05-26, entitled: RESOLUTION SETTING FEES FOR THE ASSESSOR/RECORDER/COUNTY CLERK IN THE COUNTY OF SAN DIEGO; and introducing Ordinance for further Board consideration and adoption on April 12, 2005.

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

24. SUBJECT: REQUEST FOR APPROVAL OF FUNDING FOR AN AUTOMATED ACCOUNTS RECEIVABLE SYSTEM (DISTRICT: ALL)

OVERVIEW:On August 11, 1998 (31), the Board approved a managed competition for the Auditor and Controller’s accounts receivable management and collections operations. A recommendation from that Source Selection Committee included replacing the Office of Revenue and Recovery’s accounts receivable system, the System Managed Accounts Receivable and Trust (SMART) System, with a sophisticated, state-of-the-art accounts receivable and collections management system.

On June 10, 2003 (20), the Board authorized the Director, Department of Purchasing and Contracting, to issue a Competitive Solicitation for the acquisition, ongoing maintenance, and upgrades of an automated accounts receivable and trust accounting system (the “System”). Additionally, the Board authorized the Director, Department of Purchasing and Contracting, to negotiate and determine a fair and reasonable price, and to award a contract, subject to the approval of the Auditor and Controller and the approval of funds by your Board. The County issued a Request for Proposals (RFP) in May 2004. The County received three responses to the RFP, and upon the recommendation made by the Source Selection Committee and the subsequent approval of the Auditor and Controller, a fair and reasonable price was negotiated with Columbia Ultimate, Inc. This request is for approval of funding for the new accounts receivable and collections management system.

FISCAL IMPACT:If approved, this request will result in an increase in appropriations of $2,100,000, based on the Finance and General Government Group Fiscal Year 2003-04 available fund balance. No additional staff years are required. The annual maintenance costs are estimated to be $300,000, which is approximately $682,000 less than current annual maintenance costs. The annual maintenance costs will be included in the Fiscal Year 2005-06 CAO Proposed Operational Plan.

BUSINESS IMPACT STATEMENT:The implementation of the System will enable the Office of Revenue and Recovery to manage accounts receivable and debts owed to the County of San Diego using technology that delivers public services efficiently and cost-effectively.

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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICEREstablish appropriations of $2,100,000 in the Auditor and Controller Department for funding of the new System, based on the Finance and General Government Group Fiscal Year 2003-04 available fund balance. (4 VOTES)

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

25. SUBJECT: DO-IT-BETTER-BY-SUGGESTION (D.I.B.B.S.) PROGRAM MONETARY AWARD (DISTRICT: ALL)

OVERVIEW:The recommended action authorizes the payment of $20,000 to Terry Bangayan for a Do-It-Better-By-Suggestion (D.I.B.B.S) program submittal that resulted in $630,697 additional revenue to the Probation Department. Ms. Bangayan took the initiative outside the scope of her normal duties, to identify an alternative federal funding source, Title IV-E, which would reimburse the County at a higher level for Probation Department activities. Her recommendation maximized the Department’s Title IV-E revenue and concurrently simplified and protected the integrity of the reimbursement claiming process.

FISCAL IMPACT:Funds for this recommendation are available in the Probation Department’s budget. If approved, this request will result in a one-time cost of $20,000. The funding source is General Purpose Revenues. There will be no future year costs and no impact on staffing.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERAdopt a resolution approving D.I.B.B.S. monetary award of $20,000 for Suggestion Number 0402-6939.

ACTION:ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Resolution No. 05-27 entitled: RESOLUTION OF THE BOARD OF SUPERVISORS DECLARING THE APPROVAL OF D.I.B.B.S. SUGGESTION NO. 0402-6939.

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

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26. SUBJECT: NOTICED PUBLIC HEARING:CONFLICT OF INTEREST CODE: VARIOUS AGENCIES (DISTRICT: ALL)

OVERVIEW:The Board of Supervisors serves as the Code Reviewing Body for any Local Government Agency, other than Cities, with jurisdiction wholly within the county per Government Code Section 82011.

FISCAL IMPACT:The funding source is the Fiscal Year 2004/2005 Adopted Budget. These reviews require minor current year costs, which may be recoverable from the State of California.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERApprove the adopted Conflict of Interest Codes submitted by the following agencies:

Coronado Unified School District

Fallbrook Public Utility District

ACTION:ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board closed the Hearing and took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

27. SUBJECT: COMMUNICATIONS RECEIVED (DISTRICT: ALL)

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

FISCAL IMPACT:Not Applicable.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER:Note and file.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

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

OVERVIEW:On March 1, 2005 (11), the Board of Supervisors introduced Ordinance for further Board consideration and adoption on March 22, 2005.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERAdopt Ordinance entitled:

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE AND ESTABLISHING COMPENSATION.

ACTION:ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Ordinance No. 9708 (N.S) entitled: AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE AND ESTABLISHING COMPENSATION

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

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

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

FISCAL IMPACT:N/A

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RECOMMENDATION:

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CHAIRWOMAN SLATER-PRICE:Appoint Morgan McDaniel to the Commission on the Status of Women, for a term to expire January 5, 2009.Appoint Terrell Solomon to the Integrated Pest Management Committee, Toxicologist position, for a term to expire March 22, 2007.Appoint Richard Streeper to the Integrated Pest Management Committee, Environmental Law position, for a term to expire March 22, 2007.Appoint David Kellum to the Integrated Pest Management Committee, Entomologist position, for a term to expire March 22, 2007.Appoint Scott Murray to the Integrated Pest Management Committee, Organic Growing Specialist position, for a term to expire March 22, 2007.Appoint Maureen Philips to the Integrated Pest Management Committee, Public Representative position, for a term to expire March 22, 2007.Appoint Herb Field to the Integrated Pest Management Committee, Licensed Structural Pest Control Operator position, for a term to expire March 22, 2007.

VICE-CHAIRMAN HORN:Appoint Alvin Small to the Rainbow Community Planning Group, Seat No. 9, replacing James Beebe, for a term to expire January 5, 2009.Appoint Judy Haldeman to the Borrego Springs Sponsor Group, Seat No. 9, replacing Alex Nagy, for a term to expire January 5, 2009.Appoint Kerin M. Shugart to the Borrego Springs Sponsor Group, Seat No. 2, replacing Arsenios Coolik Fr., for a term to expire January 8, 2007.

SUPERVISOR JACOB:Appoint Ned Holmes to the Alpine Community Planning Group, Seat No. 13, for a term to expire January 5, 2009.Appoint Vaunae Hansel to the Commission on the Status of Women for a term to expire January 5, 2009.Re-appoint Dan Manley to the Julian Historic District Architectural Review Board, Seat No.1, for a term to expire January 5, 2009.Appoint Cameron Holeman, III to the Julian Historic District Architectural Review Board, Seat No. 5, for a term to expire January 5, 2009.

CHIEF ADMINISTRATIVE OFFICER:Re-appoint Dr. Ruth Heifetz, M.D. to the Environmental Health Advisory Board for a term to expire June 30, 2007.

Re-appoint Malcolm Vinje, G.E. to the Environmental Health Advisory Board for a term to expire June 30, 2007.

Appoint Dr. Lee Cantrell, Pharm. D., to the Environmental Health Advisory Board for a

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term to expire March 22, 2008.

Appoint Victoria B. Tobiason to the San Diego County Solid Waste Hearing Panel for a term to expire March 22, 2007.

Appoint Louis Wolfsheimer to the San Diego County Citizens’ Law Enforcement Review Board, for a term to expire June 30, 2007.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

30. SUBJECT: WAGING THE FIGHT AGAINST EAST COUNTY GANGS (DISTRICT: 2)

OVERVIEW:Gang activity is on the rise in East County communities. Many residents are living in fear and law enforcement is being stretched to the limit. East County neighborhood gangs, such as the Murder Crew, the Dukes, Spring Valley Locos, Dego Wrecking Crew and Santee Originals, are not only actively recruiting new members, the crimes they commit are becoming increasingly violent. In 2004 alone, there were 13 gang related homicides in East County communities. The current level of East County gang enforcement staffing in the Sheriff’s Department, the Probation Department and the District Attorney’s Office is being worn thin and faces the overwhelming challenge of handling the magnitude of the problem. Today’s action will direct the Chief Administrative Officer to identify the necessary staffing and funding that will allow the Sheriff’s Department, the Probation Department and the District Attorney’s Office to adequately handle the increased level of gang activity in East County, and report back to the Board within 60 days.

FISCAL IMPACT:No fiscal impact as a result of this action.

RECOMMENDATION:SUPERVISOR JACOB:1. Direct the Chief Administrative Officer, while working with the Sheriff’s Department

and the Probation Department, to identify the staffing level and funding needed for establishing an East County Gang Task Force, modeled after the North County Gang Task Force, and report back to the Board within 60 days.

2. Direct the Chief Administrative Officer, while working with the District Attorney’s Office, to identify the staffing level and funding needed to effectively investigate and prosecute the growing number of gang related cases in East County, and report back to the Board within 60 days.

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

31. SUBJECT: ALLOCATION OF COMMUNITY PROJECTS FUNDS (DISTRICT: 4)

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

FISCAL IMPACT:The total combined cost of the proposed recommendation is $210,000. Appropriations are available in the Community Projects budget (15665). This request will also result in an increase in appropriations of $15,938.82 that will be offset by revenue from the BOS Special Events Trust Fund. This action will result in the addition of no staff years and no future costs.

RECOMMENDATION:SUPERVISOR ROBERTS:1. Establish appropriations of $7,560.80 in the Community Projects budget (15665) based

on the return of the unused portion of the June 22, 2004 (Item 19) allocation of $20,000 to the Board of Supervisors Special Events Trust Fund for a solar energy conference, so the funds can be reallocated to current year projects.

2. Establish appropriations of $8,378.02 in the Community Projects budget (15665) based on the return of the unused portion of the August 18, 2004 (Item 19) allocation of $10,000 to the Board of Supervisors Special Events Trust Fund for the 2004 Fuel Cell Vehicle Road Rally, so the funds can be reallocated to current year projects.

3. Allocate $5,000 from the Community Projects budget (15665) to the La Jolla Music Society for costs associated with the United States debut tour of the China Philharmonic.

4. Allocate $50,000 from the Community Projects budget (15665) to the San Diego Youth & Community Services to upgrade administrative equipment and technological support systems.

5. Allocate $10,000 from the Community Projects budget (15665) to the Friends of SDSU Journalism for printing, marketing, expenses of special events and other program needs.

6. Allocate $5,000 from the Community Projects budget (15665) to the Kyoto Laureate Symposium to provide funding for the 2005 event.

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7. Allocate $75,000 from the Community Projects budget (15665) to Star/Pal for capital improvements to Star/Pal’s new facility.

8. Allocate $25,000 from the Community Projects budget (15665) to Mama’s Kitchen to purchase food for Mama’s Pantry.

9. Allocate $25,000 from the Community Projects budget (15665) to the San Diego Zoological Society for a reforestation project at the zoo.

10. Allocate $15,000 from the Community Projects budget (15665) to the Filipino-American Humanitarian Foundation to purchase a monument of Dr. Jose Rizal, a Philippine hero, Philippine banners, a wrought iron gate, a painting for the Archive Center’s entrance and for costs associated with the Archive Center’s open house.

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

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

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

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

32. SUBJECT: CLOSED SESSION (DISTRICT: ALL)

OVERVIEW:A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Subdivision (a) of Government Code section 54956.9)Manufactured Home Communities, Inc. v. County of San Diego; United States District Court No. 03-CV-2342 J (BLM)

ACTION:Any reportable matters will be announced on Wednesday, March 23, 2005, prior to the Board of Supervisors Planning and Land Use meeting.

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33. SUBJECT: SUPPORT FOR FEDERAL LEGISLATION AUTHORITY BY U.S. SENATOR MEL MARTINEZ AND CONGRESSMAN DAVE WELDON (DISTRICTS: 3, 5)

OVERVIEW:The life of Terri Schindler Schiavo hangs in the balance due to a legal battle between her husband – who wants to remove her feeding tube – and her parents who want her to remain on support. Under HR 1151 and S 539, Mrs. Terri Schindler Schiavo would be granted a chance at federal habeas corpus review, typically only used to review death-row cases before an execution. In short, the legislation would allow federal courts – in limited cases such as Mrs. Schiavo’s – to expand habeas corpus protection to incapacitated people who are the subject of a family dispute, have no previous written directive and are the subject of a lower court order to stop their food and water. Under this protection her parents can appeal to a higher court to protect her life. Otherwise, as ordered by a Florida Judge her feeding tube will be removed on March 18, 2005.

FISCAL IMPACT:N/A

RECOMMENDATION:SUPERVISOR SLATER-PRICE AND VICE-CHAIRMAN HORN:Support S. 539 by Senator Mel Martinez and H.R. 1151 by Congressman Dave Weldon both of Florida, which gives extension of habeas protections to certain persons subject to court orders.

ACTION:ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board withdrew this item, on Consent.

AYES: Cox, Jacob, Slater-Price, Horn, Roberts

34. SUBJECT: PRESENTATIONS/AWARDS

OVERVIEWVice-Chairman Bill Horn presented a proclamation declaring March 2005 America in Bloom month throughout the County of San Diego.

Supervisor Greg Cox presented a proclamation declaring March 22, 2005 Maruta Gardner day throughout the County of San Diego.

35. SUBJECT: PUBLIC COMMUNICATION

OVERVIEWJohn VanDoorn addressed the Board regarding County agencies.

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ACTIONHeard; referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 11:56 a.m. in memory of Tyler James Rainville, Virginia Burnham Hickey, Clarke O. Dennison, John W. Curtis, and Frank D. Drdek.

THOMAS J. PASTUSZKAClerk of the Board of Supervisors

County of San Diego, State of California

Consent: FranciaDiscussion: Randolph

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

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