COUNTY OF SAN DIEGO BOARD OF SUPERVISORS



STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING

TUESDAY, AUGUST 17, 2004, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

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

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

Invocation led by Pastor Alan Ernst of the Casa De Oro Baptist Church in Spring Valley.

Pledge of Allegiance led by 10th grader Jennifer Barr of Poway.

Approval of Statement of Proceedings/Minutes for the Meeting of August 3, 2004.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meeting of August 3, 2004.

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

Public Communications: [No Speakers]

|Category |Agenda No. |Subject |

|Community Services |1. |SET HEARING FOR 3/15/05 |

| | |PUBLIC HEARING ON FISCAL YEAR 2005-06 STRATEGY FOR COMMUNITY DEVELOPMENT BLOCK GRANT, |

| | |HOME INVESTMENT PARTNERSHIPS, EMERGENCY SHELTER GRANT, AND HOUSING OPPORTUNITIES FOR |

| | |PERSONS WITH AIDS PROGRAM FUNDS |

| | |[FUNDING SOURCE(S): COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, |

| | |EMERGENCY SHELTER GRANT, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAMS] |

| | | |

| |2. |FIRST AMENDMENT TO LEASE FOR THE DEPARTMENT OF PUBLIC WORKS, 5469 KEARNY VILLA ROAD, SAN|

| | |DIEGO |

| | |[FUNDING SOURCE(S): GAS TAX IN THE ROAD FUND AND MISCELLANEOUS REVENUE IN THE INACTIVE |

| | |WASTE SITE MANAGEMENT FUND] |

| | | |

|Health & Human Services |3. |“SOMETHING TO SMILE ABOUT” – A DENTAL HEALTH INITIATIVE FOR CHILDREN |

| | | |

| |4. |MENTAL HEALTH SERVICES - FISCAL YEAR 2004-05 FEDERAL BLOCK GRANT SPENDING PLAN |

| | | |

| |5. |HIV/AIDS-RELATED STATE REVENUE AGREEMENTS: AIDS MASTER GRANT, ADAP AND STD PROGRAMS |

| | |(4 VOTES) |

| | | |

| |6. |GUARDIAN ANGELS COMPETITIVE PROCUREMENT |

| | |[FUNDING SOURCE(S): OLDER AMERICAN ACT] |

| | | |

| |7. |CHILDREN'S MENTAL HEALTH SERVICES, SPECIAL EDUCATION SERVICES |

| | | |

|Public Safety |8. |SHERIFF’S DEPARTMENT ACCEPTANCE OF DONATION FROM HONORARY DEPUTY SHERIFFS’ ASSOCIATION |

| | |[FUNDING SOURCE(S): DONATION FROM THE HONORARY DEPUTY SHERIFFS’ ASSOCIATION] |

| | | |

| |9. |DISTRICT ATTORNEY: FEDERAL SEIZED ASSET FORFEITURE PROGRAM |

| | |[FUNDING SOURCE(S): DISTRICT ATTORNEY FEDERAL SEIZED ASSET FORFEITURE FUND BALANCE] |

| | |(4 VOTES) |

| | | |

| |10. |DISTRICT ATTORNEY – SOLE SOURCE PROCUREMENT OF SECURE COVERED PARKING SPACES FOR COUNTY |

| | |VEHICLES |

| | | |

| |11. |OFFICE OF EMERGENCY SERVICES UPDATE OF FEDERAL AND STATE SIGNATURE AUTHORIZATIONS |

| | | |

|Financial & General Government |12. |RESPONSE TO 2003-2004 GRAND JURY REPORTS |

| | | |

| |13. |SUPPORT FOR PROPOSITION 1A, “PROTECTION OF LOCAL GOVERNMENT REVENUES” |

| | | |

| |14. |LOCAL COMMUNITY PROJECTS |

| | | |

| |15. |APPEAL BY HARRAH’S ENTERTAINMENT, INC. AND HCAL CORPORATION OF THE TREASURER-TAX |

| | |COLLECTOR’S DETERMINATION OF UNIFORM TOURIST TAX DUE |

| | | |

| |16. |SAN YSIDRO SCHOOL DISTRICT GENERAL OBLIGATION BONDS, 1997 ELECTION SERIES C |

| | | |

| |17. |FIXING COUNTY SCHOOL DISTRICT AND SPECIAL DISTRICT TAX RATES AND LEVYING TAXES FOR |

| | |FISCAL YEAR 2004/05 |

| | | |

| |18. |ADOPTION OF FINAL FISCAL YEAR 2004-05 BUDGET FOR THE COUNTY SERVICE AREAS, MAINTENANCE |

| | |DISTRICTS, AND PERMANENT ROAD DIVISIONS |

| | | |

| |19. |CHANGES TO THE PROPOSED BUDGET, COUNTY OF SAN DIEGO FISCAL YEAR 2004-05 FINAL BUDGET |

| | |RESOLUTION, PRIOR YEAR ENCUMBRANCES, AND PENALTY ASSESSMENT RESOLUTION |

| | |(4 VOTES) |

| | | |

| |20. |EMPLOYEE BENEFITS CONTRACTS |

| | | |

| |21. |RESOLUTION ESTABLISHING AMENDED PROCEDURES FOR THE ELECTION OF RETIREMENT BOARD MEMBERS |

| | |-- SEVENTH AND ALTERNATE MEMBERS |

| | | |

|Communications Received |22. |COMMUNICATIONS RECEIVED |

| | | |

|Appointments |23. |ADMINISTRATIVE ITEM: |

| | |APPOINTMENTS |

| | | |

|Closed Session |24. |CLOSED SESSION |

| | | |

|Finance & General Government |25 |LOCAL COMMUNITY PROJECTS GRANTS |

| | | |

| |26 |ALLOCATION OF COMMUNITY PROJECTS FUNDS |

| | | |

|Presentations/Awards |27. |PRESENTATIONS/AWARDS |

| | | |

|1. |SUBJECT: |SET HEARING FOR 3/15/05 |

| | |PUBLIC HEARING ON FISCAL YEAR 2005-06 STRATEGY FOR COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT |

| | |PARTNERSHIPS, EMERGENCY SHELTER GRANT, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS |

| | |(DISTRICT: ALL) |

| |OVERVIEW: |

| |This action will hold the first public hearing to consider and approve the proposed 2005-2006 Annual Funding Plan Strategy that |

| |provides broad direction for the use of Fiscal Year 2005-06 Community Development Block Grant, HOME Investment Partnerships, |

| |Emergency Shelter Grant and Housing Opportunities for Persons with AIDS Program funds. A second public hearing for consideration|

| |of the 2005-2006 Draft Annual Funding Plan and 2005-2010 County Consortium Consolidated Plan is scheduled for March 15, 2005. |

| |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 emergency shelter and persons with HIV/AIDS. The Board of Supervisors’ approval of the attached 2005-2006 Annual Funding Plan|

| |Strategy will guide staff in development of the Annual Funding Plan and is the first major step in the Fiscal Year 2005-06 Annual|

| |Funding Plan schedule. |

| |FISCAL IMPACT: |

| |Funds for this request will be included in the Housing and Community Development 2005-2006 Multi-year Projects Budget. The |

| |funding sources are Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant, and Housing |

| |Opportunities for Persons with AIDS Programs. If approved, this request will result in no current year cost, no annual cost, and|

| |no additional staff years. |

| |BUSINESS IMPACT STATEMENT: |

| |The request will have a positive impact on the business community, as the recommended Strategy will guide the development of the |

| |2005-2006 Annual Funding Plan, including funds for construction of housing and public improvements. The funded projects will be |

| |implemented by private construction firms selected through a competitive bid process. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Hold the first public hearing to consider the 2005-2006 Annual Funding Plan Strategy that provides broad direction for the use of|

| |Fiscal Year 2005-06 Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant, and Housing |

| |Opportunities for Persons with AIDS Program funds. |

| |Approve the proposed 2005-2006 Annual Funding Plan Strategy. |

| | |

| |Direct staff to prepare, and return to the Board, a proposed 2005-2006 Draft Annual Funding Plan, and 2005-2010 Draft County |

| |Consortium Consolidated Plan, for the Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant |

| |and Housing Opportunities for Persons with AIDS Programs. |

| |Set a Board of Supervisors public hearing on March 15, 2005 to consider the 2005-2006 Draft Annual Funding Plan and 2005-2010 |

| |Draft County Consortium Consolidated Plan for use of Community Development Block Grant, HOME Investment Partnerships, Emergency |

| |Shelter Grant, and Housing Opportunities for Persons with AIDS Program funds. |

| |Authorize the Clerk of the Board of Supervisors to adjust this hearing date, if required, to comply with the 2005 Board of |

| |Supervisors meeting schedule. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, |

| |setting hearing for March 15, 2005, at 9:00 a.m. |

| | |

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

| |

| |

|2. |SUBJECT: |FIRST AMENDMENT TO LEASE FOR THE DEPARTMENT OF PUBLIC WORKS, 5469 KEARNY VILLA ROAD, SAN DIEGO |

| | |(DISTRICT: 4) |

| |OVERVIEW: |

| |On June 29, 1999 (22), the Board approved a five-year lease for 6,810 square feet of office space with two five-year options to |

| |extend the term at the current fair market rental rate. On January 30, 2004, the County exercised its option to extend the term |

| |for five years, beginning on August 1, 2004. The fair market rent for the extended term is $1.80 per square foot per month, full|

| |service. |

| | |

| |Today's request is to approve a First Amendment to Lease, which will delete 1,943 square feet from the third floor premises and |

| |reduce the monthly rent from $12,258 to $8,761. Departmental operating efficiency and customer service will not be affected by |

| |the reduction of this office space. |

| |FISCAL IMPACT: |

| |Funds for this request are budgeted. The funding source is 75% gas tax in the Road Fund and 25% miscellaneous revenue in the |

| |Inactive Waste Site Management fund. If approved, this request will result in $108,629 current year cost, $107,805 annual cost |

| |and will require the addition of no staff years. There is no General Fund cost. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |1. Find, in accordance with Article 19, Section 15301 (Existing Facilities) of the California Environmental Quality Act |

| |Guidelines, that this project is categorically exempt from the provisions of the Act, as it involves a reduction of space. |

| |2. Approve and authorize the Clerk of the Board of Supervisors to execute five copies of the First Amendment to Lease for the |

| |space located at 5469 Kearny Villa Road, San Diego, County Contract No. 37325-E. |

| |ACTION: |

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

| | |

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

| |

| |

|3. |SUBJECT: |“SOMETHING TO SMILE ABOUT” – A DENTAL HEALTH INITIATIVE FOR CHILDREN (DISTRICT: ALL) |

| |OVERVIEW: |

| |Tooth decay is the most common chronic disease of children age 5 to 17 years – and it is preventable. According to a report of |

| |the surgeon general on oral health, 79% of 17 year olds will have suffered from tooth decay and an unbelievable 51 million school|

| |hours are lost each year due to dental-related illness. Unfortunately, San Diego County is not exempt from this dental health |

| |crisis. In 1999, a screening of local students between grades 2 and 5 revealed that 30% of them had untreated cavities and 74% |

| |had active gum disease. Tooth decay is the most common “well-child” diagnosis in the San Diego County Child Health and Disability|

| |Prevention program. Like the national and state statistics, San Diego County children in low-income households are far more |

| |likely to have poor oral health and far less likely to obtain treatment. |

| | |

| |To address the dental health crisis in San Diego County, the “Something to Smile About” dental health initiative will create a |

| |partnership between the County of San Diego’s “Share the Care” dental program and local community partners to establish a dental |

| |health promotion pilot site in Escondido. This pilot program will target low income children who are least likely to have access |

| |to preventative dental services and who are most likely to experience dental health disease. The program will provide |

| |preventative education, screenings and sealant/fluoride varnish treatments clinics. |

| | |

| |Let’s give San Diego County children “something to smile about.” |

| |FISCAL IMPACT: |

| |None |

| |RECOMMENDATION: |

| |VICE CHAIRWOMAN SLATER-PRICE: |

| |Direct the Chief Administrative Officer to work with the North County Dental Task Force (NCDTF) and other community-based |

| |organizations to develop a collaborative program with the county’s Share the Care dental program to promote dental health and |

| |access to dental healthcare. |

| |Direct the CAO to work with the NCDTF to leverage $10,000 of District 3 community projects funds given on June 22nd for dental |

| |services to set up a pilot program in Escondido to provide dental health screenings, sealants and preventative services to |

| |underserved children. |

| |Direct the CAO to help the NCDTF and other community-based organizations seek grants to support this initiative and to expand it |

| |countywide. |

| |Direct the CAO to return to the board in 180 days with an update on the pilot program and, based on grant funding, the |

| |feasibility of expanding the program countywide. |

| |ACTION: |

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

| | |

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

| |

| |

|4. |SUBJECT: |MENTAL HEALTH SERVICES - FISCAL YEAR 2004-05 FEDERAL BLOCK GRANT SPENDING PLAN |

| | |(DISTRICT: ALL) |

| |OVERVIEW: |

| |The Health and Human Services Agency (HHSA) annually receives funding from a Federal Block Grant source, Substance Abuse and |

| |Mental Health Services Administration (SAMHSA). SAMHSA funds must be used for services to mentally ill adults, children, and |

| |adolescents. To comply with California Department of Mental Health requirements, a spending plan for the use of these funds must|

| |be developed annually. The Board ratified the Fiscal Year 2003-04 SAMHSA spending plan on October 7, 2003 (4). Today’s action |

| |will ratify the FY 2004-05 plan, which has been submitted to the State in accordance with State procedures. In accordance with |

| |previous Board direction, this action also seeks authorization for the Director, Health and Human Services Agency, to approve the|

| |revised mid-year FY 2004-05 spending plan. |

| |FISCAL IMPACT: |

| |Funds are included in the FY 2004-05 Operational Plan. If approved, this request will result in FY 2004-05 cost and revenue of |

| |$3,214,053 and subsequent year cost and revenue of $3,214,053. The revenue source is Substance Abuse and Mental Health Services |

| |Administration grant funding of $3,214,053. There will be no change in net General Fund cost and no additional staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

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

| |Accept the Substance Abuse and Mental Health Services Administration (SAMHSA) Federal Block Grant funds of $3,180,691 for FY |

| |2004-05 and $33,362 in additional funding for FY 2003-04, for a total of $3,214,053. |

| |Ratify the proposed SAMHSA spending plan for FY 2004-05 for $2,301,839 in ongoing annual base funding, $878,852 in dual diagnosis|

| |set-aside, and $33,362 for increased FY 2003-04 base funding, and authorize the Director, Health and Human Services Agency, to |

| |approve the revised mid-year FY 2004-05 spending plan. |

| |ACTION: |

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

| | |

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

| |

| |

|5. |SUBJECT: |HIV/AIDS-RELATED STATE REVENUE AGREEMENTS: AIDS MASTER GRANT, ADAP AND STD PROGRAMS (DISTRICT: ALL) |

| |OVERVIEW: |

| |For ten years, the Board has approved the California Department of Health Services, (State) AIDS Master Grant Agreement to |

| |provide county-wide HIV/AIDS prevention and surveillance services to reduce the transmission of HIV/AIDS in San Diego County. |

| |The Board most recently authorized amendments for the agreement on September 16, 2003 (3). The State AIDS Master Grant has an |

| |array of HIV/AIDS prevention and surveillance service components. The State allocates a portion of the funding directly to |

| |county governments, but also requires a competitive grant application process from the County of San Diego to determine other |

| |parts of the funding awards. On February 24, 2004 (14) your Board authorized the Director, Health and Human Services Agency, to |

| | |

| | |

| | |

| |seek state grants to further develop and expand the HIV High Risk and other Education and Prevention Initiatives. This proposal |

| |seeks Board approval to execute an agreement for the FY 2004-05 AIDS Master Grant, for $4,247,538, including those funds awarded |

| |through the application process. |

| | |

| |In addition, the County receives funding from the State Office of AIDS, to coordinate the AIDS Drug Assistance Program (ADAP) |

| |enrollment services for the San Diego County area. The County is also receiving new, one-time funding from the State Sexually |

| |Transmitted Disease (STD) Control Branch to address STDs among a targeted at-risk population. Authorization is also requested to|

| |execute State revenue agreements for the ADAP funding of $108,000 and for the STD funding of $105,000 and to increase |

| |appropriations, due to an increase in funds from the amount currently included in the FY 2004-2006 Operational Plan. |

| | |

| |A portion of the allocation from two of the State programs currently funds a contract for organizational support services for HIV|

| |Education and Prevention and ADAP enrollment coordination. The existing contract, which expires June 30, 2005, is a result of |

| |sole source authority approved by your Board on February 12, 2000 (12). Authority to conduct a competitive solicitation for |

| |these services is also requested. A new contract would be effective July 1, 2005. |

| |FISCAL IMPACT: |

| |The FY 2004-2006 Operational Plan includes costs and revenues of $4,289,919 based on the California Department of Health |

| |Services, State Office of AIDS, AIDS Master Grant Agreement, $102,757 based on the California Department of Health Services, |

| |State Office of AIDS, AIDS Drug Assistance Program and $30,000 based on the California Department of Health Service, STD Control |

| |Branch. If approved this request will result in an increase of $15,676 in current year costs and revenues. This proposal will |

| |not require the addition of staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

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

| |Ratify and authorize the Clerk of the Board to execute, upon receipt, the State AIDS Master Grant revenue agreement in the |

| |approximate amount of $4,247,538, with the California Department of Health Services to provide HIV/AIDS related services for the |

| |period of July 1, 2004, through June 30, 2005, and to execute subsequent amendments, extensions and renewals of the State revenue|

| |contract that do not materially impact or alter the program or funding level. |

| | |

| | |

| | |

| | |

| |Ratify and authorize the Clerk of the Board to execute, upon receipt, the agreement with the California Department of Health |

| |Services for AIDS Drug Assistance Program services in the approximate amount of $108,000 for the period of July 1, 2004, through |

| |June 30, 2005, and to execute subsequent amendments, extensions and renewals of the State revenue contract that do not materially|

| |impact or alter the program or funding level. |

| |Ratify and authorize the Clerk of the Board to execute upon receipt a Revenue Agreement with California Department of Health |

| |Services, STD Control Branch in the amount of $105,000 effective May 1, 2004 to December 31, 2005, and to execute subsequent |

| |amendments, extensions and renewals of the State revenue contract that do not materially impact or alter the program or funding |

| |level. |

| |Establish appropriations of $15,676 in Health and Human Services Agency, Public Health Services, for HIV/AIDS related prevention |

| |services, based on unanticipated revenues from the California Department of Health Services Office of AIDS and STD Control |

| |Branch. |

| |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 state-funded organizational support services for HIV/AIDS education and |

| |prevention programs and the coordination of the AIDS Drug Assistance Program (ADAP) enrollment services, and upon successful |

| |negotiations and determination of a fair and reasonable price, award a contract for a term of one year with four renewal option |

| |years, and up to an additional six months if necessary pending availability of funds, and to amend the contracts as needed to |

| |reflect changes in services and funding, subject to the approval of the Director, Health and Human Services Agency. |

| |ACTION: |

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

| | |

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

| |

| |

|6. |SUBJECT: |GUARDIAN ANGELS COMPETITIVE PROCUREMENT (DISTRICT: ALL) |

| |OVERVIEW: |

| |The Guardian Angels program was initiated by the Board in 1998 at the recommendation of Supervisors Jacob and Slater-Price. |

| |Through the Guardian Angels program, volunteers provide companionship and contact for residents of skilled nursing facilities and|

| |isolated older persons who live at home. |

| | |

| | |

| | |

| | |

| |The program is administered by the Health and Human Services Agency’s Aging & Independence Services (AIS) division under a |

| |contract with the George G. Glenner Alzheimer’s Family Center. The contract resulted from a competitive procurement authorized |

| |by the Board in April 2000, and is scheduled to end on March 30, 2005. |

| | |

| |Today’s item requests Board authorization for a new competitive procurement to continue the Guardian Angels program. |

| |FISCAL IMPACT: |

| |Funds for this request are included in the Health and Human Services Agency Fiscal Year 2004-05 Operational Plan. If approved, |

| |this request will result in estimated FY 2004-05 and subsequent years costs of $56,862 and revenues of $50,000. The funding |

| |source is the Older American Act. The $6,828 unreimbursed cost is for Aging & Independence Services’ indirect costs to administer|

| |the program; this net General Fund cost is included in the Operational Plan. There will be no change in net General Fund cost |

| |and no additional staff years. |

| |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 the Guardian Angels program, and upon successful negotiations and |

| |determination of a fair and reasonable price, award a contract for up to a four year period, from the date of the award, 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 of the Health and Human Services Agency. |

| |ACTION: |

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

| | |

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

| |

| |

|7. |SUBJECT: |CHILDREN'S MENTAL HEALTH SERVICES, SPECIAL EDUCATION SERVICES (DISTRICT: ALL) |

| |OVERVIEW: |

| |On February 3, 2004, San Diego County filed a lawsuit to be relieved of its obligation to provide AB2726/AB3632 mental health |

| |services to special education students, unless the State fully funded this mandated program. To date, the County is owed $29 |

| |million from the State for the provision of services during the past four years. The County has had to divert funding from other|

| |programs and reduce other mental health services to fund this mandated program, due to the State’s failure to provide adequate |

| |funding. On June 1, 2004, the court ruled in favor of the County, stating the County need not provide AB2726 services absent |

| |adequate funding from the State. |

| | |

| |The Health and Human Services Agency (HHSA), Children’s Mental Health Services, is responsible for providing the AB2726 services |

| |with 38 current budgeted positions. The elimination of the special education services will result in the elimination of these |

| |positions. The Agency, in conjunction with Department of Human Resources, is providing workforce support services to assist |

| |individuals with alternate employment options within and outside the County. |

| | |

| |This action is necessitated due to the State’s on-going failure to provide funding for these mandated services. Although the |

| |court ruled that the County is no longer required to perform these services because the State has not complied with the law to |

| |reimburse the County, the law requires that the State, in conjunction with the schools, must provide the services. The County |

| |has been in discussion with the State Health and Human Services Agency, the State Department of Mental Health and the State |

| |Department of Finance, and at the local level with the County Office of Education, San Diego Unified School District, and other |

| |school superintendents, in an effort to secure full funding, or alternatively, to arrange for a smooth transition of these |

| |services to the schools. Depending upon the outcome of these efforts, the provision of these services could continue by the |

| |County, or would be provided by the schools. |

| |FISCAL IMPACT: |

| |If approved, the proposed action reduces the federal and State revenue reimbursement to the Health and Human Services Agency FY |

| |2004-05 Operational Plan. Absent adequate funding, 38 positions and the related salary and benefit costs for these positions |

| |will also be reduced in the Operational Plan. If approved, this proposal would reduce current year costs and revenue. This |

| |fiscal impact applies to costs associated with salaries, benefits, services and supplies. Following negotiations for transition |

| |of these services, staff will return to the Board of Supervisors to cancel appropriations. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Approve the reduction of 38 budgeted positions in the Health and Human Services Agency and adopt the resolution making the |

| |determination, pursuant to Section 14.1.1 of the Civil Service Rules, that such action is necessary due to a lack of funds and/or|

| |a lack of work, to reduce the number of staff in the Health and Human Services Agency. Not all of the deleted positions are |

| |vacant and therefore, approval of this proposal may result in layoffs which would be effective September 30, 2004. |

| |ACTION: |

| |ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, and with the |

| |exception of the trust fund requirement approved the terms of an agreement, as laid out in Exhibit 1 (a letter dated August 13, |

| |2004, sent by the Director of Health and Human Services Agency, to School District Superintendents of San Diego Unified, Poway |

| |Unified and the County Superintendent of Schools); and adopted Resolution No. 04-162 entitled: A RESOLUTION OF THE BOARD OF |

| |SUPERVISORS OF THE COUNTY OF SAN DIEGO DETERMINING THE NECESSITY FOR A REDUCTION IN THE NUMBER OF STAFF IN THE HEALTH AND HUMAN |

| |SERVICES AGENCY. |

| | |

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

| |

| |

|8. |SUBJECT: |SHERIFF’S DEPARTMENT ACCEPTANCE OF DONATION FROM HONORARY DEPUTY SHERIFFS’ ASSOCIATION (DISTRICT: ALL) |

| |OVERVIEW: |

| |Section 66 of the Administrative Code of the County of San Diego and Board of Supervisors Policy A-112 permits the acceptance of |

| |gifts by the administrative head of each department in the County, subject to ratification by the Board of Supervisors. This |

| |board letter requests approval of acceptance of one (1) Direct Link Crisis Communication System to be used by the Sheriff’s |

| |Crisis Negotiation Team. Total value of this donation is estimated to be $16,161. |

| |FISCAL IMPACT: |

| |Funds for this request are not budgeted. The funding source for the equipment is a donation from the Honorary Deputy Sheriffs’ |

| |Association. If approved, the cost for current year and future year maintenance for the Direct Link Crisis Communication System |

| |will be covered by a two year warranty. Subsequent years’ costs will be paid from the Sheriff’s Crisis Negotiating Team’s |

| |operating budget. This request will not require the addition of any staff years. |

| |RECOMMENDATION: |

| |SHERIFF |

| |Authorize the acceptance of the donation of one (1) Direct Link Crisis Communication System, valued at $16,161, from |

| |the Honorary Deputy Sheriffs’ Association. |

| |Authorize the Chair of the Board of Supervisors to sign a letter of thanks to the Honorary Deputy Sheriffs’ Association for the |

| |donation. |

| |ACTION: |

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

| | |

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

| |

| |

|9. |SUBJECT: |DISTRICT ATTORNEY: FEDERAL SEIZED ASSET FORFEITURE PROGRAM (DISTRICTS: ALL) |

| |OVERVIEW: |

| |In accordance with Board of Supervisors Policy D-7, this is a request to appropriate $6,000 from the District Attorney’s Federal |

| |Seized Asset Forfeiture Fund to pay for one-time travel and training costs for six people to participate in the National |

| |Conference on Offender Reentry, sponsored by the United States Department of Justice Reentry Initiative. The Training Conference|

| |is scheduled to be held from September 19 through 22 in Cleveland, Ohio. |

| |FISCAL IMPACT: |

| |Funds for this request are not included in the District Attorney’s Fiscal Year 2004-05 Adopted Operational Plan. If approved, |

| |this request will result in direct costs and revenue of $6,000 in Fiscal Year 2004-05 and will not require the addition of staff |

| |years. The funding source for this proposal is District Attorney Federal Seized Asset Forfeiture Fund Balance. |

| |RECOMMENDATION: |

| |DISTRICT ATTORNEY |

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

| |Establish appropriations of $6,000 in the District Attorney’s General Fund for services and supplies based upon an operating |

| |transfer from the District Attorney’s Federal Seized Asset Forfeiture Fund. (4 votes) |

| |Establish appropriations of $6,000 in the District Attorney’s Federal Seized Asset Forfeiture Fund, Operating Transfer Out, to |

| |reimburse the District Attorney’s General Fund for incurred travel and training costs based upon available Federal Seized Asset |

| |Forfeiture Fund Balance. (4 votes) |

| |ACTION: |

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

| | |

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

| |

| |

|10. |SUBJECT: |DISTRICT ATTORNEY – SOLE SOURCE PROCUREMENT OF SECURE COVERED PARKING SPACES FOR COUNTY VEHICLES |

| | |(DISTRICT: ALL) |

| |OVERVIEW: |

| |Over the past few years the landscape of downtown San Diego has transformed from a predominantly business-oriented region to an |

| |area of economic revitalization burgeoning with construction of retail and residential space. As a result, the economic |

| |revitalization downtown has created a shortage of affordable covered and secure parking facilities for County vehicles and safety|

| |equipment. This is a request to authorize the Director of Purchasing and Contracting to negotiate and enter into a three to |

| |five-year parking agreement for up to 110 covered and secure parking spaces with Ace Parking Incorporated and Five Star Parking |

| |on behalf of the District Attorney. |

| |FISCAL IMPACT: |

| |Funds for this request are included in the Fiscal Year 2004-05 Operational Plan. If approved this request will result in direct |

| |costs of approximately $217,800, which will partially be offset through $27,840 in grant funds. No additional staff years are |

| |requested. |

| |RECOMMENDATION: |

| |DISTRICT ATTORNEY |

| |In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director of Purchasing and Contracting |

| |to enter into negotiations with Ace Parking Incorporated and, subject to successful negotiations and determination of a fair and |

| |reasonable price, award contracts for up to 70 covered and secure parking spaces within a five-block radius of the Hall of |

| |Justice for three years and two option years through June 30, 2009 and an additional six months, if needed, and to amend the |

| |contracts as needed to reflect changes to services and funding, subject to the approval of the District Attorney. |

| |In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director of Purchasing and Contracting |

| |to enter into negotiations with Five Star Parking and, subject to successful negotiations and determination of a fair and |

| |reasonable price, award contracts for up to 40 covered and secure parking spaces within a five-block radius of the Hall of |

| |Justice for three years and two option years through June 30, 2009 and an additional six months, if needed, and to amend the |

| |contracts as needed to reflect changes to services and funding, subject to the approval of the District Attorney. |

| |Waive the advertising requirement of Board Policy A-87, Competitive Procurement. |

| |ACTION: |

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

| | |

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

| |

| |

|11. |SUBJECT: |OFFICE OF EMERGENCY SERVICES UPDATE OF FEDERAL AND STATE SIGNATURE AUTHORIZATIONS (DISTRICT: ALL) |

| |OVERVIEW: |

| |The Office of Emergency Services receives federal financial assistance funds annually for planning, operations and disaster |

| |response. These funds are now provided by the federal Department of Homeland Security and sub-granted through the State of |

| |California. With the creation of the Department of Homeland Security, it is necessary to update the signature authority form of |

| |authorized agents. |

| |FISCAL IMPACT: |

| |There is no fiscal impact associated with this resolution. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Adopt a resolution authorizing the Deputy Chief Administrative Officer, Public Safety Group, the Director and Assistant Director |

| |of the Office of Emergency Services to sign applications for Federal and State emergency management financial assistance. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, |

| |adopting Resolution No. 04-163 entitled: GOVERNING BODY RESOLUTION. |

| | |

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

| |

| |

|12. |SUBJECT: |RESPONSE TO 2003-2004 GRAND JURY REPORTS (DISTRICT: ALL) |

| |OVERVIEW: |

| |Between March 10 and June 29, 2004, the 2003-2004 San Diego County Grand Jury released 10 reports that contain recommendations |

| |relating to the operation of County programs and departments. On May 18, 2004 (5), July 13, 2004 (22) and August 10, 2004, your |

| |Board approved responses to nine of these reports. |

| | |

| |This a request for your Board to review the draft response prepared by the Chief Administrative Officer that responds to the |

| |findings and recommendations contained in the remaining report and to authorize the Chief Administrative Officer to transmit your|

| |Board’s response to the Grand Jury, via the Superior Court Presiding Judge. This response addresses the report titled “San |

| |Diego County Emergency Operations Center: Seeking Better Communications.” |

| |FISCAL IMPACT: |

| |There is no fiscal impact with this action. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Authorize the Chief Administrative Officer to transmit this response to the Grand Jury via the Superior Court Presiding Judge. |

| |ACTION: |

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

| | |

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

| |

| |

|13. |SUBJECT: |SUPPORT FOR PROPOSITION 1A, “PROTECTION OF LOCAL GOVERNMENT REVENUES” (DISTRICTS: ALL) |

| |OVERVIEW: |

| |The passage of the California State Budget for FY 2004-2005 included a payment of $1.3 billion of local government property taxes|

| |to the state each year for two years in exchange for the Governor and the Legislature’s agreement on a package of bills that |

| |provide unprecedented protection for local government services in the future. The passage of Senate Constitutional Amendment |

| |(SCA) 4 offers cities, counties and special districts the hope of long-term protection of local government funds from continued |

| |state raids. |

| | |

| |This long sought after agreement among Republicans, Democrats, local government leaders, public safety officials, healthcare, |

| |business and labor advocates, taxpayers and community leaders places SCA 4 on the November 2, 2004 ballot for California voters |

| |as Proposition 1A, “Protection of Local Government Revenues.” If approved by the voters, Proposition 1A would enact sweeping |

| |changes to the state/local fiscal relationship and restore predictability and stability to local finances. |

| | |

| |The passage of Proposition 1A would prevent the State Legislature from taking and using local government funds that the County of|

| |San Diego relies on to provide the most critical services that our residents depend on, including public safety, public health, |

| |environmental protection, public assistance, parks and libraries. |

| |FISCAL IMPACT: |

| |There is no fiscal impact associated with approving these recommendations. However, the passage of Proposition 1A would mean |

| |significant positive changes for the County of San Diego’s finances in the form of additional long-term stability in revenue. |

| |RECOMMENDATION: |

| |SUPERVISOR COX AND SUPERVISOR HORN: |

| |Adopt a resolution in support of Proposition 1A, “Protection of Local Government Revenues” on the November 2, 2004 ballot. |

| | |

| |Direct the Chief Administrative Officer to express this Board of Supervisors’ support for Proposition 1A, “Protection of Local |

| |Government Revenues” to San Diego County’s legislative representative in Sacramento. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, |

| |adopting Resolution No. 04-164 entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO IN SUPPORT OF |

| |PROPOSITION 1A. |

| | |

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

| |

| |

|14. |SUBJECT: |LOCAL COMMUNITY PROJECTS (DISTRICTS 1 AND 4) |

| |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 a community-based organization in meeting the needs of homeless youth. |

| |FISCAL IMPACT: |

| |The fiscal impact of the proposed recommendations is $40,000. This action will result in the addition of no staff years and no |

| |future costs. |

| |RECOMMENDATION: |

| |SUPERVISOR COX AND SUPERVISOR ROBERTS: |

| |Find that the allocation to the Monarch School is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA |

| |Guidelines section 15301. |

| |Allocate $20,000 from the Community Projects budget (0261) and $20,000 from the Community Projects budget (0264) to the Monarch |

| |School for campus renovations, including the construction of a Learning Center. |

| |Authorize the Chief Financial Officer to execute a grant agreement with the organization listed, establishing terms for receipt |

| |of the funds described above. |

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

| |ACTION: |

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

| | |

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

| |

| |

|15. |SUBJECT: |APPEAL BY HARRAH’S ENTERTAINMENT, INC. AND HCAL CORPORATION OF THE TREASURER-TAX COLLECTOR’S |

| | |DETERMINATION OF UNIFORM TOURIST TAX DUE (DISTRICT: ALL) |

| |OVERVIEW: |

| |In August 2002, the Treasurer-Tax Collector informed Harrah’s Rincon Casino and Resort of the County’s Uniform Tourist Tax |

| |Ordinance. The County Ordinance requires hotel operators to register with the County and to pay to the County a tax of nine |

| |percent of the rental receipts charged by the hotel operator. The County determined that Harrah’s Entertainment, Inc. (Harrah’s)|

| |was the operator of Harrah’s Rincon Casino and Resort pursuant to Section 22.202 of the County Ordinance. The County uniform |

| |tourist tax (TOT) applies to hotel operations and not to casino operations. |

| | |

| | |

| |The Treasurer-Tax Collector’s communications of August 2002, December 2002 and January 2003, to Harrah’s concerning its |

| |responsibility to register with the County and to pay the TOT went unanswered. Thus, pursuant to Section 22.209 of the |

| |Ordinance, the Treasurer-Tax Collector estimated tax due from Harrah’s based on the information and facts available, since |

| |Harrah’s refused to report rental receipt amounts as required by the County Ordinance. The Notice of Tax Determination, dated |

| |March 9, 2004, concluded that Harrah’s owed the County $1,582.349.05, including penalties and interest. |

| | |

| |On March 22, 2004, counsel for Harrah’s and HCAL Corporation (HCAL), a subsidiary of Harrah’s, requested a hearing to challenge |

| |the Treasurer-Tax Collector’s tax determination. At this hearing, held June 11, 2004, the hearing officer upheld the |

| |Treasurer-Tax Collector’s tax determination after Harrah’s and HCAL declined to present any evidence to dispute the County’s |

| |assessment of tax, interest and penalties. The amount owed to the County has increased to $2,170,200.37. This includes TOT |

| |through June 30, 2004 and interest and penalties through August 31, 2004. Harrah’s and HCAL now appeal the hearing’s officer’s |

| |determination to the County Board of Supervisors pursuant to Section 22.210 of the County Ordinance. The Board of Supervisors’ |

| |determination shall be final and conclusive. |

| |FISCAL IMPACT: |

| |Funds for this request are not budgeted. If upheld, this assessment may result in $0 current year costs and estimated one time |

| |TOT payment of up to $2,170,200.37, including penalties and interest. This payment covers the period of June 30, 2002 thru August|

| |31, 2004 and will require the addition of 0 staff years. This estimated revenue may decrease in the event that Harrah’s and HCAL |

| |provide rental receipts reflecting actual room rentals. Ongoing revenues for future years will be calculated based on rental |

| |receipts reflecting actual room rentals. |

| |RECOMMENDATION: |

| |TREASURER-TAX COLLECTOR |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Receive presentations of Treasurer-Tax Collector and appellants HCAL Corporation and Harrah’s Entertainment, Inc., under section |

| |22.209 of the County Ordinance and continue the Board hearing to a later date in order to allow Treasurer-Tax Collector staff to |

| |review appellant’s presentation and supporting information; and |

| | |

| |At a later adjourned hearing date, review the Treasurer-Tax Collector’s and appellant’s positions on the correct amount of tax |

| |and determine the final amount under the County Ordinance. |

| |ACTION: |

| |Revising Recommendations to read: |

| |Receive the materials of the Treasurer-Tax Collector and appellants, HCAL Corporation and Harrah’s Entertainment, Inc., in |

| |connection with an appeal filed by the appellants under County Code of Regulatory Ordinances Section 22.209. |

| |Following a sufficient period of time to allow for the review of the materials, direct that the Treasurer-Tax Collector establish|

| |a date for the Board of Supervisors to hear this appeal, with notice to appellants, for the purpose of the Board determining the |

| |final amount of transient occupancy tax that is owed pursuant to Ordinance Section 22.209. |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action on the revised recommendations, on|

| |Consent. |

| | |

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

| |

|16. |SUBJECT: |SAN YSIDRO SCHOOL DISTRICT GENERAL OBLIGATION BONDS, 1997 ELECTION SERIES C (DISTRICT: ALL) |

| |OVERVIEW: |

| |The San Ysidro School District is requesting that the County Board of Supervisors of San Diego issue the San Ysidro School |

| |District General Obligation Bonds, 1997 Election, Series C (the "Bonds"), in the aggregate principal amount of $15,875,000 on its|

| |behalf. The Bonds were authorized at a special election of the registered voters of the District held on March 4, 1997, which |

| |authorized the issuance of $250,000,000 principal amount of general obligation bonds for the purpose of acquiring and improving |

| |real property for school purposes. |

| |The District has previously authorized the issuance of, and did issue its San Ysidro District General Obligation Bond, 1997 |

| |Election, Series A, in the total principal amount of $10,590,000 and Series B in the total principal amount of $9,885,000, |

| |leaving bonds in the principal amount of $213,650,000 unsold. |

| |The San Ysidro School District's representatives request this matter appear on the Board of Supervisors agenda, August 17, 2004. |

| |The District will consider the matter on August 9, 2004, and will take up at that time the resolution requesting the County of |

| |San Diego to issue the proposed Bonds. |

| |FISCAL IMPACT: |

| |These bonds are general obligations of the District to be paid from ad valorem property taxes and do not constitute an obligation|

| |of the County of San Diego. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Adopt a resolution authorizing the issuance of the San Ysidro School District General Obligation Bonds election of 1997, Series |

| |C, in an aggregate principal amount of not to exceed $15,875,000. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, |

| |adopting Resolution No. 04-165 entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY AUTHORIZING THE ISSUANCE AND|

| |SALE OF THE SAN YSIDRO SCHOOL DISTRICT GENERAL OBLIGATION BONDS, 1997 ELECTION, SERIES C, IN A PRINCIPAL AMOUNT NOT TO EXCEED |

| |$15,875,000. |

| | |

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

| |

| |

|17. |SUBJECT: |FIXING COUNTY SCHOOL DISTRICT AND SPECIAL DISTRICT TAX RATES AND LEVYING TAXES FOR FISCAL YEAR 2004/05 |

| | |(DISTRICTS: ALL) |

| |OVERVIEW: |

| |This is a request to set the annual tax rates for voter-approved debt for all taxing agencies in the County of San Diego and the |

| |1% full value countywide tax rate. |

| | |

| |The Board, pursuant to Government Code Section 29100, is to fix the rates of taxes on the Secured Property Tax Roll. Government |

| |Code Section 29101 requires that as an integral part of fixing the tax rates, the Board shall levy the taxes upon the taxable |

| |property of the County. |

| |FISCAL IMPACT: |

| |This action will provide tax rates for the agencies to produce property tax revenue to satisfy legally incurred debt |

| |requirements. |

| | |

| |The attached property tax rates are essential to the provision of a considerable portion of the revenue required in the operation|

| |of the County and other local governmental agencies for the Fiscal Year 2004/05. |

| |BUSINESS IMPACT STATEMENT: |

| |This proposal will not have an impact on the business community. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Adopt the final form of resolution incorporating the various rates as computed by the Auditor and Controller for Fiscal Year |

| |2004/05. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, |

| |adopting Resolution No. 04-166 entitled: RESOLUTION REGARDING THE FIXING AND LEVYING OF THE TAX RATES FOR THE FISCAL YEAR |

| |COMMENCING JULY 1, 2004. |

| | |

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

| |

| |

|18. |SUBJECT: |ADOPTION OF FINAL FISCAL YEAR 2004-05 BUDGET FOR THE COUNTY SERVICE AREAS, MAINTENANCE DISTRICTS, AND |

| | |PERMANENT ROAD DIVISIONS (DISTRICTS: ALL) |

| |OVERVIEW: |

| |Pursuant to California Government Code Section 29088, this request proposes the adoption of the final budget for the County |

| |Service Areas, Maintenance Districts, and Permanent Road Divisions. |

| |FISCAL IMPACT: |

| |The recommended action provides spending authority of $9,333,414 for the Service Areas, $3,547,200 for the Districts, and |

| |$6,962,094 for the Divisions for Fiscal Year 2004-05. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Approve a resolution adopting the final budget and funding for Fiscal Year 2004-05 for the County Service Areas, Maintenance |

| |Districts, and Permanent Road Divisions. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, |

| |adopting Resolution No. 04-167 entitled: ADOPTION OF THE FINAL BUDGET FOR CERTAIN MAINTENANCE DISTRICTS, COUNTY SERVICE AREAS, |

| |PERMANENT ROAD DIVISIONS, AND LIGHTING MAINTENANCE DISTRICTS OF THE COUNTY OF SAN DIEGO FOR THE FISCAL YEAR COMMENCING JULY 1, |

| |2004. |

| | |

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

| |

|19. |SUBJECT: |CHANGES TO THE PROPOSED BUDGET, COUNTY OF SAN DIEGO FISCAL YEAR 2004-05 FINAL BUDGET RESOLUTION, PRIOR |

| | |YEAR ENCUMBRANCES, AND PENALTY ASSESSMENT RESOLUTION (DISTRICTS: ALL) |

| |OVERVIEW: |

| |On June 28, 2004, your Board approved the Operational Plan for Fiscal Years 2004-05 and 2005-06. Two additional increases are |

| |requested to be included in the Adopted Operational Plan. Pursuant to California Government Section 29088, a resolution is |

| |submitted for formal adoption of the final budgets and funding for Fiscal Year 2005-06. Authority is requested to carry forward |

| |prior year encumbrances and related funding. Finally, a second resolution is submitted to allocate penalty assessment revenues |

| |for Fiscal Year 2004-05. |

| |FISCAL IMPACT: |

| |Recommendations 1 and 2 authorize the inclusion in the FY 04-05 Adopted Budget of proposals that were not considered during |

| |budget deliberations. Recommendation 1 establishes appropriations of $8,048,000 and the reinstatement of 121 staff years in the |

| |Department of Child Support Services based on revenue from the federal government and charges for services. Recommendation 2 |

| |establishes appropriations of $213,522 and the reinstatement of 3 staff years in the Facilities Management Internal Service Fund |

| |based on charges in the General Fund. |

| | |

| |Recommendation 3 provides spending authority of $3,691,778,171 for the County Family of Funds for Fiscal Year 2004-2005 and |

| |approves reserve designation increases of $2,600,000 in various County operations. Recommendation 3 also provides spending |

| |authority of $17,132,149 for the Enterprise Funds and $295,364,639, including reserve designation increases of $2,000,000, for |

| |the Internal Service Funds. Recommendation 4 authorizes the Auditor to carryover appropriations and any related revenues for |

| |prior year encumbrances. Recommendation 5 allocates Penalty Assessment Revenue to two funds: the County Emergency Medical |

| |Services Fund ($3,128,950) and the County Justice Facilities Construction Fund ($8,320,000). |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Authorize the inclusion in the Adopted Budget for Fiscal Year 2004-05 and the Approved Budget for Fiscal Year 2005-06 of |

| |appropriations of $8,048,000 and the reinstatement of 121 staff years in the Department of Child Support Services based on |

| |federal revenues and charges for services. (4 votes) |

| |Authorize the inclusion in the Adopted Spending Plan for Fiscal Year 2004-05 and in the Approved Spending Plan for 2005-06 of |

| |appropriations of $213,522 and $220,098, respectively, and the reinstatement of 3 staff years in the Facilities Management |

| |Internal Service Fund based on charges received from the General Fund. (4 votes) |

| |Approve a resolution adopting the final budget for the County Family of Funds for Fiscal Year 2004-05 and the Spending Plans for |

| |Fiscal Year 2004-05 for the Enterprise and Internal Service Funds. |

| |Authorize the Auditor and Controller to carry over appropriations and applicable estimated revenue for prior year encumbrances in|

| |all County funds. |

| |Approve a resolution adopting the allocation of penalty assessment revenues expected to be received in Fiscal Year 2004-05. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, |

| |adopting Resolution No. 04-168 entitled: ADOPTION OF THE FINAL BUDGET FOR THE COUNTY OF SAN DIEGO INCLUDING THE COUNTY LIBRARY |

| |FOR THE FISCAL YEAR COMMENCING JULY 1, 2004, and |

| |Resolution No. 04-169 entitled: RESOLUTION FOR ALLOCATION OF ADDITIONAL PENALTIES AUTHORIZED BY GOVERNMENT CODE SECTION 76000. |

| | |

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

| |

| |

|20. |SUBJECT: |EMPLOYEE BENEFITS CONTRACTS (DISTRICT: ALL) |

| |OVERVIEW: |

| |The County of San Diego provides its employees with innovative health benefit programs that ensure high quality services at the |

| |lowest rates. The Department of Human Resources continuously monitors the marketplace for competitive insurance rates. The |

| |proposed contract amendments are consistent with Memorandums of Understanding between the County of San Diego and labor |

| |organizations representing employees. |

| |Your Board is being requested to authorize the execution of negotiated contract renewals and contract renewal amendments with the|

| |following vendors for the period beginning October 1, 2004 through September 30, 2005: PacifiCare of California; Kaiser |

| |Permanente; PacifiCare Dental Plan; SafeGuard Dental Plan: Aetna Flexible Spending Administration and Vision Service Plan, and |

| |further authorize the execution of any subsequent amendments to these contracts and contract amendments that do not materially |

| |alter the contract terms. |

| |FISCAL IMPACT: |

| |This action will not require additional appropriations. The funding for employee benefits is included in all departmental |

| |budgets for Fiscal Year 2004-2005. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Authorize the Purchasing and Contracting Director, in accordance with County Administrative Code Article XXIII, Section 401 et |

| |seq, to execute negotiated contract renewals and contract renewal amendments with PacifiCare of California; Kaiser Permanente; |

| |PacifiCare Dental; SafeGuard Dental; Aetna Flexible Spending Administration and Vision Service Plan, subject to the approval of |

| |the Director of the Department of Human Resources. |

| |ACTION: |

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

| | |

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

| |

| |

|21. |SUBJECT: |RESOLUTION ESTABLISHING AMENDED PROCEDURES FOR THE ELECTION OF RETIREMENT BOARD MEMBERS -- SEVENTH AND |

| | |ALTERNATE MEMBERS |

| | |(DISTRICT: ALL) |

| |OVERVIEW: |

| |This is a request for your Board to adopt a resolution changing the election procedure to include an Alternate position for the |

| |Seventh Member (Safety) of the Board of Retirement of the San Diego County Employees Retirement Association. |

| |FISCAL IMPACT: |

| |None |

| |RECOMMENDATION: |

| |CHIEF EXECUTIVE OFFICER SAN DIEGO COUNTY EMPLOYEES RETIREMENT ASSOCIATION: |

| |Adopt a resolution establishing amended procedures for the election of the Seventh and Alternate Safety Members of the Board of |

| |Retirement for the San Diego County Employees Retirement Association. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, |

| |adopting Resolution No. 04-170 entitled: RESOLUTION ESTABLISHING THE PROCEDURE FOR THE ELECTION OF SEVENTH AND ALTERNATE MEMBER |

| |OF THE BOARD OF RETIREMENT. |

| | |

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

| |

| |

|22. |SUBJECT: |COMMUNICATIONS RECEIVED (DISTRICT: ALL) |

| |OVERVIEW: |

| |Board Policy A-72, Board of Supervisors Agenda and Related Process, authorizes the Clerk of the Board to prepare a Communications|

| |Received for Board of Supervisors' Official Records. Routine informational reports, which need to be brought to the attention of|

| |the Board of Supervisors yet not requiring action, are listed on this document. Communications Received documents are on file in|

| |the Office of the Clerk of the Board. |

| |FISCAL IMPACT: |

| |Not Applicable. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER: |

| |Note and file. |

| |ACTION: |

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

| | |

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

| |

| |

|23. |SUBJECT: |ADMINISTRATIVE ITEM: |

| | |APPOINTMENTS (DISTRICT: ALL) |

| |OVERVIEW: |

| |These appointments are in accordance with applicable Board Policy A–74, Citizen Participation in County Boards, Commissions and |

| |Committees |

| |FISCAL IMPACT: |

| |N/A |

| |RECOMMENDATION: |

| |CHAIRWOMAN JACOB: |

| |Re-appoint Dr. Roger Farr to the San Diego Mental Health Board for a term to expire August 21, 2007. |

| |Re-appoint Judith Yates to the San Diego Mental Health Board for a term to expire March 28, 2006. |

| |Re-appoint John A. Smith to the Veterans Advisory Board, as a Member-at-Large, for a term beginning September 13, 2004, to expire|

| |September 16, 2008. |

| |Appoint Chris Anderson to fill Seat No. 9 on the Ramona Design Review Board, as the Planning Group Representative, for a term to |

| |expire August 17, 2007. |

| | |

| |Appoint Josepha Hegan to fill Seat No. 4 on the Ramona Design Review Board, as the Chamber of Commerce Representative, for a term|

| |to expire August 17, 2007. |

| |Re-appoint Rob LeWallen to fill Seat No. 1 on the Ramona Design Review Board, as the Community-At-Large Representative, for a |

| |term to expire August 17, 2007. |

| |SUPERVISOR HORN: |

| |Appoint Roger Levkulics to fill Seat No. 1, vacated by the resignation of Leon Swartz on the Valley Center Design Review Board, |

| |for a term to expire April 29, 2008. |

| |Appoint Robson L. Splane to fill Seat No. 3, vacated by the resignation of Robert Hancock on the Valley Center Design Review |

| |Board, for a term to expire June 13, 2005. |

| |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent. |

| | |

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

| |

| |

|24. |SUBJECT: |CLOSED SESSION (DISTRICT: ALL) |

| |A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

| |(Subdivision (a) of Government Code section 54956.9) |

| |John Paul Starting v. County of San Diego, et al.; San Diego County Superior Court No. GIE 022170 |

| | |

| |B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

| |(Subdivision (a) of Government Code section 54956.9) |

| |Gregory Wayne Davis v. County of San Diego, et al.; San Diego County Superior Court No. GIC 808454 |

| | |

| |C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

| |(Subdivision (a) of Government Code section 54956.9) |

| |County of San Diego v. State of California; Sacramento County Superior Court No. 04AS00371 |

| | |

| |D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION |

| |Title: County Counsel |

| |ACTION: |

| |Continued Closed Session to Wednesday, August 18, 2004. |

| |

| |

|25. |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 three projects is $23,250. 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: |

| |VICE CHAIRWOMAN SLATER-PRICE: |

| |Allocate $10,000 from the Community Projects Grant Budget (org 0263) to the Escondido Chamber of Commerce to assist with costs |

| |associated with printing brochures and other promotional materials. |

| |Allocate $8,250 from the Community Projects Grant Budget (org 0263) to the La Jolla Music Society for their SummerFest 2004 Gala |

| |and benefit. |

| |Allocate $5,000 from the Community Projects Grant Budget (org 0263) to the University of California San Diego Foundation for the |

| |San Diego Cardiovascular Center’s production costs associated with the “All Hearts on Deck!” event. |

| |Authorize the Chief Financial Officer to execute grant agreements with these organizations establishing terms for receipt of the |

| |funds described above. |

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

| |ACTION: |

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

| | |

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

| |

| |

|26. |SUBJECT: |ALLOCATION OF COMMUNITY PROJECTS FUNDS (DISTRICT: 4) |

| |OVERVIEW: |

| |The County’s fiscal condition has enabled it to reinvest taxpayer money back into 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 $65,000. Appropriations are available in the Community Projects Budget|

| |unit (0264). This action will result in the addition of no staff years and no future costs. |

| |RECOMMENDATION: |

| |SUPERVISOR ROBERTS: |

| |Allocate $10,000 from the Community Projects Budget unit (0264) to SummerQuest for educational costs for the SummerQuest |

| |Pediatric HIV/AIDS Benefit Concert and Symposium. |

| | |

| |Allocate $5,000 from the Community Projects Budget unit (0264) to the Veteran Museum and Memorial Center for the Veteran’s Day |

| |Parade. |

| | |

| |Allocate $50,000 from the Community Projects Budget unit (0264) to Family Health Centers of San Diego to assist in the |

| |replacement of the Barrio Logan clinic with an expanded facility. |

| | |

| |Authorize the Chief Financial Officer to execute grant agreements with the organizations listed above establishing the terms for |

| |receipt of the funds described above. |

| | |

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

| |ACTION: |

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

| | |

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

| |

| |

|27. |SUBJECT: |PRESENTATIONS/AWARDS |

| |Chairwoman Jacob presented a proclamation honoring the grand prize winners of the Library Friends of San Diego County “My |

| |Favorite Library Book” Essay Contest. |

| | |

| |Supervisor Horn presented a proclamation honoring U.S. Constitution Observance 2004 and declaring September 17, 2004 through |

| |September 21, 2004 as U.S. Constitution Week throughout the County of San Diego. |

There being no further business, the Board adjourned at 12:12 p.m.

THOMAS J. PASTUSZKA

Clerk of the Board of Supervisors

County of San Diego, State of California

Consent: Randolph

Discussion: Gomez

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

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