STATEMENT OF PROCEEDINGS



STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING

TUESDAY, FEBRUARY 1, 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 9:05 a.m.

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

Invocation was led by Reverend Horst Bruenjes, First Baptist Church of La Jolla.

Pledge of Allegiance was led by Robert Hanlon, St. Augustine High School sophomore.

Approval of Statements of Proceedings/Minutes for the Meetings of January 4, 2005 and January 11, 2005

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors approved the Statements of Proceedings/Minutes for the meetings of January 4, 2005 and January 11, 2005.

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

Public Communication: [No Speakers]

|Financial & General Government |1. |FIRST AMENDMENT TO LEASE/PURCHASE FOR THE ASSESSOR/RECORDER/COUNTY CLERK, |

| | |ENVIRONMENTAL HEALTH AND PLANNING AND LAND USE BUILDINGS, SAN MARCOS |

| | |[FUNDING SOURCE(S): FISCAL YEAR 2003-2004 FUND BALANCE AVAILABLE IN THE FINANCE AND |

| | |GENERAL GOVERNMENT GROUP, AND $ REVENUE AVAILABLE IN THE ASSESSOR/ RECORDER/ COUNTY |

| | |CLERK TRUST FUNDS] |

| | |(4 VOTES) |

| | | |

| |2. |ALLOCATION OF COMMUNITY PROJECTS FUNDS |

| | |[FUNDING SOURCE(S): COMMUNITY PROJECTS BUDGET (15670)] |

| | | |

|Public Safety |3. |SHERIFF’S DEPARTMENT REQUEST FOR APPROVAL OF OUT OF COUNTRY TRAVEL |

| | |[FUNDING SOURCE(S): GENERAL PURPOSE REVENUE] |

| | | |

| |4. |SHERIFF’S DEPARTMENT REQUEST FOR APPROVAL OF OUT OF COUNTRY TRAVEL |

| | |[FUNDING SOURCE(S): GENERAL PURPOSE REVENUE] |

| | | |

|Health & Human Services |5. |HEALTHY EATING, ACTIVE COMMUNITIES GRANT |

| | | |

| |6. |SAN DIEGO HIV PREVENTION COMMUNITY PLANNING BOARD -- AMENDMENTS TO BY-LAWS |

| | | |

|Community Services |7. |SET HEARING FOR 3/22/05 |

| | |INTENTION TO SELL REAL PROPERTY – 9000 BLOCK, LOS COCHES ROAD, LAKESIDE – COUNTY |

| | |PARCEL 2004-0027-A |

| | |(4 VOTES) |

| | | |

|Financial & General Government |8. |AMENDMENTS TO THE COMPENSATION ORDINANCE |

| | | |

|Communications Received |9. |COMMUNICATIONS RECEIVED |

| | | |

|Appointments |10. |ADMINISTRATIVE ITEM: |

| | |APPOINTMENTS |

| | | |

|Closed Session |11. |CLOSED SESSION |

| | | |

|Financial & General Government |12. |ALLOCATION OF COMMUNITY PROJECTS FUNDS |

| | | |

|Public Safety |13. |STRENGTHENING GUIDELINES FOR SEXUALLY VIOLENT PREDATORS RELEASED IN THE COMMUNITY |

| | | |

|Closed Session |14. |Off Docket Item 1 |

| | |CLOSED SESSION |

| | | |

|Presentations/Awards |15. |PRESENTATIONSAWARDS |

| | | |

|1. |SUBJECT: |FIRST AMENDMENT TO LEASE/PURCHASE FOR THE ASSESSOR/RECORDER/COUNTY CLERK, ENVIRONMENTAL HEALTH AND PLANNING AND |

| | |LAND USE BUILDINGS, SAN MARCOS (DISTRICT: 5) |

| |OVERVIEW: |

| |On January 13, 2004 (3), the Board of Supervisors approved a lease/purchase agreement for two 20,400-square-foot build-to-suit office |

| |buildings for the Assessor/Recorder/County Clerk and the Departments of Environmental Health and Planning and Land Use. The lease/purchase|

| |agreement calls for the Lessor to construct two buildings for the County upon County authorization and approval. The guaranteed maximum |

| |price for this construction is $9,235,000, which is valid until February 28, 2005. Today's request is to establish the additional |

| |appropriations necessary for the construction of the buildings and to approve the First Amendment to the Lease/Purchase Agreement that |

| |establishes the $9,235,000 guaranteed maximum price amount and authorizes the Lessor to begin construction. If approved, construction will|

| |commence with completion expected by October 2005, and the County will exercise its option to purchase the land and buildings upon |

| |completion. |

| |To optimize the efficient use of resources, the completion of this project will yield an annual lease cost avoidance of $540,000 based on |

| |Fiscal Year 2004-2005 lease costs. The County will also own buildings and land assets in excess of $11 million. The buildings can |

| |accommodate anticipated future growth and maximize the availability of services to citizens in a central location in North County. |

| |FISCAL IMPACT: |

| |This project has existing appropriations of $1,990,882 from the Assessor and Finance and General Government Group Management Reserves, and |

| |Assessor/Recorder/County Clerk Trust Funds. If approved, this request will add $7,244,118 and result in a total current year cost of |

| |$9,235,000. The funding sources for the additional appropriations are $4,557,500 of Fiscal Year 2003-2004 fund balance available in the |

| |Finance and General Government Group, and $2,686,618 of revenue available in the Assessor/Recorder/County Clerk Trust Funds. Operating |

| |costs for each building will be $81,450 in Fiscal Year 2005-2006 and $108,600 for Fiscal Year 2006-2007. The annual lease cost avoidance |

| |is $540,000 based on Fiscal Year 2004-2005 lease costs. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |1. Find, in accordance with the California Environmental Quality Act (CEQA) Guidelines, that the County of San Diego as a responsible |

| |agency under CEQA, has considered the environmental effects of the project as shown in the negative declaration prepared by the lead agency|

| |dated December 21, 2004, has reached its own conclusions on whether and how to approve the project, and concurs with its findings. |

| |2. Establish appropriations of $4,557,500 in Contributions to Capital Outlay Fund (Operating Transfer Out), for construction of the new |

| |Assessor/Recorder/County Clerk and Land Use and Environment Group Buildings in San Marcos, based on Fund Balance available in the Finance |

| |and General Governmental Group. (4 VOTES) |

| | |

| |Establish appropriations of $7,244,118 in the Capital Outlay Fund for Capital Project 1000031, Assessor/Recorder/County Clerk and Land Use |

| |and Environment Group Buildings in San Marcos, based on an Operating Transfer from the General Fund ($4,557,500), and revenue available in |

| |the Recorder-Modernization Trust Fund ($1,074,648), and the Property Tax Administration Trust Fund ($1,611,970).(4 VOTES) |

| |4. Approve and authorize the Clerk of the Board of Supervisors to execute three copies of the First Amendment to Lease/Purchase Agreement. |

| |ACTION: |

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

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

| |

| |

|2. |SUBJECT: |ALLOCATION OF COMMUNITY PROJECTS FUNDS (DISTRICT: 5) |

| |OVERVIEW: |

| |Community Projects Funding assists non-profit organizations in providing essential services to citizens of San Diego County. Reinvesting |

| |taxpayer money in these worthwhile organizations is a benefit to the children and all the communities of North County. |

| |FISCAL IMPACT: |

| |The cost of the proposed recommendation is $7,500.00. The funding source is Community Projects Budget (15670). This action will result in |

| |the addition of no staff years and no future costs. |

| |RECOMMENDATION: |

| |VICE CHAIRMAN HORN: |

| |Allocate $7,500.00 from Community Projects Budget (15670) to the 1st Marine Division Association to assist with the purchase of a flagpole |

| |for the Murray Bridge in Oceanside to honor the late Major General Raymond Murray. |

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

| |the funds described above. |

| |Find that this grant award has a public purpose |

| |ACTION: |

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

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

| |

| |

|3. |SUBJECT: |SHERIFF’S DEPARTMENT REQUEST FOR APPROVAL OF OUT OF COUNTRY TRAVEL (DISTRICT: ALL) |

| |OVERVIEW: |

| |This is a request for one (1) Sheriff’s Lieutenant and three (3) Deputy Sheriffs to travel to San Salvador, El Salvador, to attend the |

| |International Gang Enforcement Conference given by the National Civil Police of El Salvador to be held from February 21 – 24, 2005. |

| |FISCAL IMPACT: |

| |Funds for this request are budgeted. The funding source is general purpose revenue. If approved, this request will result in |

| |approximately $4,655 current year costs, no annual costs, and will require the addition of zero staff years. No overtime costs will be |

| |incurred as a result of this trip. |

| |RECOMMENDATION: |

| |SHERIFF |

| |Approve travel to San Salvador, El Salvador, for one (1) Sheriff’s Lieutenant and three (3) Deputy Sheriffs to attend the International |

| |Gang Enforcement Conference given by the National Civil Police of El Salvador to be held from February 21 - 24, 2005. |

| |ACTION: |

| |ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board continued this item to February 8, 2005, at the request of the |

| |Chief Administrative Officer, on Consent. |

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

| |

| |

|4. |SUBJECT: |SHERIFF’S DEPARTMENT REQUEST FOR APPROVAL OF OUT OF COUNTRY TRAVEL (DISTRICT: ALL) |

| |OVERVIEW: |

| |This is a request to allow Sheriff’s staff to travel to Calgary, Alberta, Canada, on three separate occasions as part of the acquisition |

| |plan for the Sheriff’s refurbished Bell 205A-1 medium lift helicopters. |

| |The first trip to the Canadian manufacturing facility will be made to attend the first stage of reconstruction between February 1st and |

| |February 15th, 2005. This is to insure that the supporting structure and skin materials being utilized meet our standards. A second |

| |maintenance trip will be made for an inspection prior to the acceptance flights between May 20th and June 15th, 2005. The final acceptance|

| |trip will be made between June 1st and June 15th, 2005 to ferry the new aircraft back to San Diego. In addition, our California Department |

| |of Forestry (CDF) Instructor pilot, Cecil Gill, will conduct the acceptance flight. |

| |FISCAL IMPACT: |

| |Funds for this request are budgeted. The funding source is general purpose revenue. If approved, this request will result in |

| |approximately $5,801 current year costs and no annual costs and will require the addition of zero staff years. No overtime costs will be |

| |incurred as a result of this trip. |

| |RECOMMENDATION: |

| |SHERIFF |

| |Approve travel for one (1) Sheriff’s Supervising Helicopter and Air Mechanic to travel to Calgary, Alberta, Canada, between February 1st |

| |and February 15th, 2005. |

| |Approve travel for one (1) Sheriff’s Supervising Helicopter and Air Mechanic and one (1) Sheriff’s Helicopter and Air Mechanic to travel to|

| |Calgary, Alberta, Canada between May 20th and June 15th, 2005. |

| |Approve travel for one (1) Sheriff’s Lieutenant, one (1) Sheriff’s Sergeant, two (2) Deputy Sheriffs, and one (1) contracted CDF flight |

| |instructor to travel to Calgary, Alberta, Canada between June 1st and June 15th, 2005. |

| |ACTION: |

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

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

| |

| |

|5. |SUBJECT: |HEALTHY EATING, ACTIVE COMMUNITIES GRANT |

| | |(DISTRICT: 1) |

| |OVERVIEW: |

| |Approval of the recommended actions will authorize the Health and Human Services Agency to accept funds, up to $125,000 annually for four |

| |years from The California Endowment foundation to implement a Healthy Eating, Active Communities Initiative. Funds will be used for a |

| |community-based childhood obesity prevention program in the County’s south region, as required by the grant. |

| |FISCAL IMPACT: |

| |Funds for this proposal are not included in the Fiscal Year 2004-05 Operational Plan. If approved, this action will increase current year |

| |costs and revenues by $62,500, three subsequent year’s costs and revenue by $125,000, and the fourth subsequent year by $62,500, for a |

| |total of $500,000. There will be no impact on net General Fund costs or staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Authorize the Health and Human Services Agency to accept funds, up to $125,000 annually for four years from the California Endowment for |

| |its Healthy Eating, Active Communities Grant. |

| |Establish appropriations in the Health and Human Services Agency of $ 62,500 based on revenue from the California Endowment. |

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

| |Approve and authorize the Clerk of the Board to execute, upon receipt, a revenue agreement with the California Endowment for the Healthy |

| |Eating, Active Communities Grant in the amount of $62,500 for FY 2004-05 and $125,000 for subsequent years, and to execute any extensions, |

| |amendments, or revisions that do not materially impact or alter either the grant terms, program or funding levels. |

| |ACTION: |

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

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

| |

| |

|6. |SUBJECT: |SAN DIEGO HIV PREVENTION COMMUNITY PLANNING BOARD -- AMENDMENTS TO BY-LAWS (DISTRICT: ALL) |

| |OVERVIEW: |

| |The Board of Supervisors adopted a Resolution on May 9, 1995 (1) establishing the HIV Prevention Community Planning Board. This planning |

| |board is a requirement to ensure the County of San Diego may receive HIV education and prevention funds from the State Office of AIDS, part|

| |of the California Department of Health Services. |

| |Today’s action requests adoption of amendments to the By-Laws of the HIV Prevention Community Planning Board to reflect changes in members’|

| |attendance policy. |

| |FISCAL IMPACT: |

| |There is no fiscal impact associated with the recommended actions. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Adopt the amended by-laws entitled “By-Laws of the County San Diego HIV Prevention Community Planning Board.” |

| |ACTION: |

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

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

| |

| |

|7. |SUBJECT: |SET HEARING FOR 3/22/05 |

| | |INTENTION TO SELL REAL PROPERTY – 9000 BLOCK, LOS COCHES ROAD, LAKESIDE – COUNTY PARCEL 2004-0027-A (DISTRICT: 2) |

| |OVERVIEW: |

| |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. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the proposed sale is not subject to the environmental assessment process as it is categorically exempt under Article 19, Section |

| |15312 of the State of California Environmental Quality Act Guidelines, as it is a sale of surplus government property. |

| |Declare County Parcel 2004-0027-A surplus to County needs. |

| |Direct the Clerk of the Board to advertise the County’s Notice of Intention to Sell in accordance with Government Code Section 6063. |

| |4. Approve and adopt the attached Resolution of Intention to Sell Real Property and Notice Inviting Bids. (4 VOTES) |

| |On March 22, 2005, conduct the bid opening and approve the sale of County Parcel 2004-0027-A to the highest bidder. |

| |Authorize the Director, Department of General Services, to perform all necessary actions to complete the sale, including the execution of |

| |escrow instructions and a Grant Deed. |

| |ACTION: |

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

| |Hearing for March 22, 2005, at 9:00 a.m; 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). |

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

| |

| |

|8. |SUBJECT: |AMENDMENTS TO THE COMPENSATION ORDINANCE (DISTRICT: ALL) |

| |OVERVIEW: |

| |The proposed amendments to the San Diego County Compensation Ordinance are part of the ongoing effort to manage and maintain a skilled and |

| |competitive workforce dedicated to sustaining operational excellence and serving the public. This amendment establishes two new |

| |classifications/job codes for the department of Parks and Recreation. |

| |FISCAL IMPACT: |

| |Funds for these recommendations are included in the 2004-2005 budget. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Approve introduction (first reading) of ordinances; read title and waive further reading of ordinances (MAJORITY VOTE): |

| | |

| |AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE AND ESTABLISHING COMPENSATION. |

| | |

| |Submit ordinances for further Board consideration and adoption (second reading) on February 8, 2005. |

| |ACTION: |

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

| |Ordinance for further Board consideration and adoption on February 8, 2005. |

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

| |

| |

|9. |SUBJECT: |COMMUNICATIONS RECEIVED (DISTRICT: ALL) |

| |OVERVIEW: |

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

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

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

| |Clerk of the Board. |

| |FISCAL IMPACT: |

| |Not Applicable. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER: |

| |Note and file. |

| |ACTION: |

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

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

| |

| |

|10. |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,|

| |Board Policy A-77, Appointments to Fill Vacancies and Cancellation of Election where Insufficient Nominations Filed Prior to Uniform |

| |District Elections and Citizen Participation. |

| |FISCAL IMPACT: |

| |N/A |

| |RECOMMENDATION: |

| |CHAIRWOMAN SLATER-PRICE: |

| |Appoint Carl Hilliard to Seat No. 6 of the Cable Television Review Commission, for a term to expire February 1, 2008. |

| |Appoint Rob Wilder to the Fish and Wildlife Commission, for a term to expire January 5, 2009. |

| |Appoint Theresa Bartz to the Fish and Wildlife Commission, for a term to expire January 5, 2009. |

| |Re-appoint Joey Ramirez to the Aging and Independence Advisory Council, for a term to expire January 5, 2009. |

| |Re-appoint Dr. Peter Frank to the Alcohol and Drug Advisory Board, for a term to expire January 5, 2009. |

| |Re-appoint Michael C. Kaine to the Alcohol and Drug Advisory Board, for a term to expire January 5, 2009. |

| |Re-appoint Martin Garrick to Seat No. 3 of the Cable Television Review Commission, for a term to expire January 5, 2009. |

| |Re-appoint Jeanette Day to the Commission on Children, Youth and Families, for a term to expire January 5, 2009. |

| |Re-appoint Francesca Krauel to the Civil Service Commission, for a full term beginning January 3, 2005 and expiring on January 3, 2011. |

| |Re-appoint Arthur Ecker to the County Hearing Officers Board, for a term to expire January 5, 2009. |

| |Waive Board Policy A-74, Citizen Participation in County Programs and Policies and re-appoint Sandy Arledge to the Fly Abatement and |

| |Appeals Board, for an additional term to expire December 31, 2007. |

| |Waive Board Policy A-74, Citizen Participation in County Programs and Policies and re-appoint Dr. James Norton to the Health Services |

| |Advisory Board, for an additional term to expire January 5, 2009. |

| |Re-appoint Dennis Holz to the Health Services Advisory Board, for a term to expire January 5, 2009. |

| |Re-appoint Paul Davis to the Parks Advisory Board, for a term to expire January 5, 2009. |

| |Re-appoint Douglas Goad to the Parks Advisory Board, for a term to expire January 5, 2009. |

| |Re-appoint John Campbell to the Committee for Persons with Disabilities, for a term to expire January 5, 2009. |

| |Re-appoint Matthew J. Sparks to the Committee for Persons with Disabilities, for a term to expire January 5, 2009. |

| |Waive Board Policy A-74, Citizen Participation in County Programs and Policies and re-appoint David Kreitzer to the Planning Commission, |

| |for an additional term to expire January 5, 2009. |

| |Re-appoint Lawrence Richman to the Regional Security Commission, for a term to expire January 5, 2009. |

| |Re-appoint Jeff Kane to the San Diego Capital Asset Leasing Corporation, for a term to expire January 5, 2009. |

| |Re-appoint Janice Cedano to the Social Services Advisory Board, for a term to expire January 5, 2009. |

| |Re-appoint Philip Thalheimer to the Social Services Advisory Board, for a term to expire January 5, 2009. |

| |Re-appoint Olivia Puentes-Reynolds to the Commission on the Status of Women, for a term to expire January 5, 2009. |

| |VICE-CHAIRMAN HORN: |

| |Appoint Molly Henry to the HIV Health Services Planning Council, to replace Barbara Mannino, for a term to expire December 31, 2006. |

| |Re-appoint Robert C. Gates to the Palomar Airport Advisory Committee, for a term to expire January 8, 2007. |

| |Re-appoint Timothy M. Hutter to the Palomar Airport Advisory Committee, for a term to expire January 8, 2007. |

| |SUPERVISOR COX: |

| |Re-appoint Clay Hinkle to the Air Pollution Control District Advisory Committee, for a term to expire January 5, 2009. |

| |Re-appoint Ruth Vilmarie Rodriguez to the Air Pollution Control District Hearing Board, for a term to expire October 13, 2007. |

| |Re-appoint Jack Bransford, Jr. to the Fish and Wildlife Advisory Committee, for a term to expire January 5, 2009. |

| |SUPERVISOR JACOB: |

| |Re-appoint Joe Hutchinson to the Lake Cuyamaca Recreation and Park District for a term beginning February 1, 2005 and expiring on February |

| |1, 2009. |

| |Re-appoint Steve Vandewall to the Lake Cuyamaca Recreation and Park District for a term beginning February 1, 2005 and expiring on February|

| |1, 2009. |

| |Re-appoint Race H. Paddock to the Lake Cuyamaca Recreation and Park District for a term beginning February 1, 2005 and expiring on February|

| |1, 2009. |

| |Re-appoint Thomas Ruzich to the Lake Cuyamaca Recreation and Park District for a term beginning January 3, 2005 and expiring on January 3, |

| |2009. |

| |Re-appoint Thomas H. Chapman to the Lake Cuyamaca Recreation and Park District for a term beginning October 11, 2004 and expiring on |

| |October 11, 2009. |

| |Re-appoint Marilyn Wilkinson to the Parks Advisory Committee, for a term to expire January 5, 2009. |

| |Re-appoint John Degenfelder to the Parks Advisory Committee, for a term to expire January 5, 2009. |

| |SUPERVISOR ROBERTS: |

| |Appoint Douglas Baker to the Mental Health Board as a Consumer Representative, for a term to expire December 31, 2007. |

| |CHIEF ADMINISTRATIVE OFFICER: |

| |Confirm the appointment of Maggie Houlihan to replace Jerome Stocks, as the primary representative from the City of Encinitas to the County|

| |Service Area No. 17 - San Dieguito EMS District Advisory Committee. In accordance with the Committee Bylaws, “the term of office shall be |

| |at the discretion of the appointing organization.” |

| |Confirm the re-appointment of Dan Dalager, as the alternate representative from the City of Encinitas to the County Service Area No. 17 - |

| |San Dieguito EMS District Advisory Committee. In accordance with the Committee Bylaws, “the term of office shall be at the discretion of |

| |the appointing organization.” |

| |Confirm the appointment of Jerry Finnell to replace David Druker, as the primary representative from the City of Del Mar to the County |

| |Service Area No. 17 – San Dieguito EMS District Advisory Committee. In accordance with the Committee Bylaws, “the term of office shall be |

| |at the discretion of the appointing organization.” |

| | |

| |Confirm the appointment of Crystal Crawford, to replace Richard Earnest, as the alternate representative from the City of Del Mar to the |

| |County Service Area No. 17 – San Dieguito EMS District Advisory Committee. In accordance with the Committee Bylaws, “the term of office |

| |shall be at the discretion of the appointing organization.” |

| |ACTION: |

| |Correcting Chairwoman Slater-Price appointment to the Fish and Wildlife Commission of Theresa Bartz to read Theresa Barth, ON MOTION of |

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

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

| |

|11. |SUBJECT: |CLOSED SESSION (DISTRICT: ALL) |

| |OVERVIEW: |

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

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

| |Renee Alford v. San Diego County Board of Supervisors, et al.; San Diego County Superior Court No. GIC 841583 |

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

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

| |2667 Partners, et al. v. County of San Diego, et al.; San Diego County Superior court No. GIC 836551 |

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

| |Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: (Number of Potential Cases – 1) |

| |D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION |

| |Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9: (Number of Cases – 1) |

| |Off Docket Item 1 (see Agenda Item 14) |

| |E. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION |

| |(Initiation of litigation pursuant to subdivision (c) of Government Code § 54956.9 – 1 matter) |

| |ACTION: |

| |Any reportable matters will be announced on Wednesday, February 2, 2005, prior to the Board of Supervisors Planning and Land Use Meeting. |

| | |

| |

|12. |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 a project of great benefit to San Diego County be funded using Community Projects Funds. |

| |FISCAL IMPACT: |

| |The total combined cost of the proposed recommendation is $205,000. 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: |

| |Find that the Mitigated Negative Declaration (MND) on file with the City of San Diego (LDR Number 41-0249) was prepared and adopted in |

| |compliance with the California Environmental Quality Act (CEQA); and find that there are no changes in the project or in the circumstances |

| |under which it is undertaken which involve significant new environmental impacts which were not considered in the previously adopted MND, |

| |or a substantial increase in the severity of previously identified significant effects, and that no new information of substantial |

| |importance has become available since the MND was prepared. |

| |Find that the County of San Diego, as a responsible agency under CEQA, has considered the environmental impacts of the project as shown in |

| |the Mitigated Negative Declaration prepared by the lead agency (No. 41-0249) and has reached its own conclusion on whether and how to |

| |approve the project. |

| |Allocate $205,000 from the Community Projects Budget unit (0264) to the Toby Wells YMCA to construct a soccer field. |

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

| |the funds described above. |

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

| |ACTION: |

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

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

| |

| |

|13. |SUBJECT: |STRENGTHENING GUIDELINES FOR SEXUALLY VIOLENT PREDATORS RELEASED IN THE COMMUNITY (DISTRICTS: ALL) |

| |OVERVIEW: |

| |Today’s action will provide direction on advocating changes to State laws that govern the Sexually Violent Predator Conditional Release |

| |Program and the public notification process of their release into the community. |

| |FISCAL IMPACT: |

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

| |RECOMMENDATION: |

| |SUPERVISOR ROBERTS AND SUPERVISOR JACOB: |

| |Direct the Chief Administrative Officer to do the following: |

| |Work with our local State delegation to amend the State’s Sexually Violent Predator Conditional Release Program and the community |

| |notification guidelines. The changes should include, but not be limited to: |

| |Ensure that sexually violent predators are not placed in the county where their victim or victims reside. |

| |Establish residential placement guidelines for conditionally released sexually violent predators. |

| |Prohibit the state contracting agency responsible for monitoring sexually violent predators from unilaterally waiving conditions of release|

| |without some form of public input and/or notice. |

| |Allow a minimum of 45-days for public comment on proposed residential placement of sexually violent predators. |

| |License and regulate “Alcohol and Drug Free Housing” and include guidelines for minimum distance from child based services, and proximity |

| |to other similar facilities. |

| |Add these items to the County’s 2005 Legislative Program. |

| |Monitor any proposals by the Governor or Legislature to restructure the treatment, custody, supervision or residential placement of Sexual |

| |Violent Predators in the community. |

| |ACTION: |

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

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

| |

| |

|14. |SUBJECT: |Off Docket Item 1 |

| | |CLOSED SESSION (DISTRICT: ALL) |

| |OVERVIEW: |

| |Subsequent to the posting of the Agenda, there arose facts and circumstances, which support the need to take action at this time, and which|

| |support the conclusion that initiation of litigation may be necessary. |

| |RECOMMENDATION: |

| |Find this item conforms to provisions of the California Government Code Section 54954.2 (b), authorizing your Board, as the legislative |

| |body of the County of San Diego, to take action on an item not appearing on the posted Agenda. |

| |ACTION: |

| |Finding that the need arose after posting the agenda, ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board of Supervisors|

| |took action to place the following item on the Closed Session Agenda (see Item 11.E): Initiation of litigation pursuant to subdivision (c)|

| |of Government Code § 54956.9 – 1 matter |

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

| |

| |

|15. |SUBJECT: |PRESENTATIONS/AWARDS |

| |ACTION: |

| |Chairwoman Pam Slater-Price presented the 2004 San Diego Excellence in Energy Award to the Board of Supervisors. |

| | |

| |Chairwoman Pam Slater-Price presented a proclamation declaring February 1, 2005 as County Employees Charitable Contribution United Way day |

| |throughout San Diego County. |

| | |

| |Chairwoman Pam Slater-Price presented a proclamation declaring February 1, 2005 as the North County Dental Task Force day throughout San |

| |Diego County. |

| | |

| |Vice-Chairman Bill Horn presented a proclamation honoring Robert Wall and Gabe Robidart as Volunteers of the Month. |

| | |

| |Supervisor Greg Cox and Supervisor Dianne Jacob presented a proclamation honoring the Men and Women of the Rescue Task Force. |

| |

There being no further business, the Board adjourned at 11:29 a.m. in memory of Danny Allen Bourroughs; Emma Doris Foster; Marian Brown Wilson; Morris Sankary; and Bettie June Reed.

THOMAS J. PASTUSZKA

Clerk of the Board of Supervisors

County of San Diego, State of California

Consent: Francia

Discussion: 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.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download