COUNTY OF SAN DIEGO BOARD OF SUPERVISORS



STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING

TUESDAY, APRIL 8, 2008, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: – Meeting was called to order at 9:02 a.m.

PRESENT: Supervisors Greg Cox, Chairman; Dianne Jacob, Vice Chairwoman;

Pam Slater-Price; Ron Roberts; Bill Horn; also Thomas J. Pastuszka, Clerk.

Invocation was led by Pastor Art Lyons of Canyon Community Church in Chula Vista.

Pledge of Allegiance was led by Kate So, a Court Appointed Special Advocate (CASA) from Voices for Children.

Approval of Statement of Proceedings/Minutes for Meeting of March 25, 2008.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meeting of March 25, 2008.

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

|Public Safety |1. |REQUEST TO NEGOTIATE AND EXECUTE A CONTRACT TO PROVIDE JUVENILE DEPENDENCY |

| | |REPRESENTATION |

| | |[FUNDING SOURCE(S): CALIFORNIA ADMINISTRATIVE OFFICE OF THE COURTS AND DELINQUENT |

| | |REVENUES COLLECTED BY THE AUDITOR AND CONTROLLER’S OFFICE OF REVENUE AND RECOVERY] |

| | | |

| |2. |SHERIFF’S DEPARTMENT REQUEST FOR OUT-OF-COUNTRY TRAVEL |

| | | |

|Health & Human Services |3. |Ensuring Educational Success for Foster Youth |

| | |[FUNDING SOURCE(S): REVENUE FROM STUART FOUNDATION] |

| | | |

| |4. |MENTAL HEALTH SERVICES - COMPETITIVE PROCUREMENT FOR JUVENILE OFFENDER PROGRAM |

| | |[FUNDING SOURCE(S): FEDERAL FINANCIAL PARTICIPATION, EPSDT, AND STATE MENTAL HEALTH |

| | |REALIGNMENT] |

| | | |

| |5. |PROCUREMENT OF PAROLEE PARTNERSHIP PROGRAM SERVICES |

| | |[FUNDING SOURCE(S): CALIFORNIA DEPARTMENT OF ALCOHOL AND DRUG PROGRAMS] |

| | | |

| |6. |HEALTH AND HUMAN SERVICES AGENCY SUNSET REVIEW OF BOARD POLICIES |

| | | |

|Community Services |7. |NOTICED PUBLIC HEARING: |

| | |COUNTY OPERATIONS CENTER AND ANNEX REDEVELOPMENT - APPROVE DISPOSITION AND |

| | |DEVELOPMENT AGREEMENT WITH LOWE ENTERPRISES, INC. AND ASSOCIATED ACTIONS |

| | |[FUNDING SOURCE(S): GENERAL FUND RESOURCES AND BOND PROCEEDS] |

| | |(4 VOTES) |

|Financial & General Government |8. |NOTICED PUBLIC HEARING: |

| | |THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE COLORADO EDUCATIONAL AND CULTURAL |

| | |FACILITIES AUTHORITY ON BEHALF OF EDUCATIONAL MEDIA FOUNDATION FOR THE KLVJ RADIO |

| | |STATION PROJECT |

| | | |

|Communications Received |9. |COMMUNICATIONS RECEIVED |

| | | |

| |10. |ADMINISTRATIVE ITEM: |

| | |SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENTS TO THE COMPENSATION |

| | |ORDINANCE AND TO THE ADMINISTRATIVE CODE |

| | | |

|Appointments |11. |ADMINISTRATIVE ITEM: |

| | |APPOINTMENTS |

| | | |

|Financial & General Government |12. |ALLOCATION OF COMMUNITY PROJECTS FUNDING (DISTRICT: 4) |

| | | |

|Closed Session |13. |CLOSED SESSION |

| | | |

|Presentations/Awards |14. |Presentations/awards |

| | | |

|Public Communication |15. |PUBLIC COMMUNICATION |

|1. |SUBJECT: |REQUEST TO NEGOTIATE AND EXECUTE A CONTRACT TO PROVIDE JUVENILE DEPENDENCY REPRESENTATION (DISTRICTS: |

| | |ALL) |

| |OVERVIEW: |

| |The Judicial Council of California is responsible for the operation of all Superior Courts in the State of California under the |

| |direction of the Chief Justice. Through the California Administrative Office of the Courts (AOC), the Judicial Council initiated|

| |a program to provide juvenile dependency representation for children and solicited proposals for prospective providers. On |

| |November 30, 2004 (6), your Board approved and authorized the Public Defender, Alternate Public Defender, and the Auditor and |

| |Controller’s Office of Revenue and Recovery to submit proposals to provide dependency representation in San Diego County. |

| | |

| |The Judicial Council of California, through the AOC, found San Diego County as the “preferred bidder” for dependency |

| |representation services. On June 21, 2005 (3), your Board approved a three-year agreement with the AOC, which became effective |

| |on July 1, 2005 and runs through June 30, 2008. This is a request to authorize the Public Defender and Alternate Public |

| |Defender to negotiate a contract extension for the San Diego County Dependency Program and approve and authorize the Clerk of the|

| |Board of Supervisors to execute the Revenue Agreement with the AOC for the Dependency Program. |

| |FISCAL IMPACT: |

| |There is no fiscal impact associated with this request. Funds for this request will be included in the Fiscal Year 2008-10 CAO |

| |Proposed Operational Plan. The funding source is the California Administrative Office of the Courts and delinquent revenues |

| |collected by the Auditor and Controller’s Office of Revenue and Recovery. The Fiscal Year 2007-08 contract amount is |

| |$11,696,307. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Approve and authorize the Public Defender to enter into negotiations with the California Administrative Office of the Courts for |

| |a contract extension to provide juvenile dependency representation for children in the Superior Court of San Diego County. |

| |Approve and authorize the Alternate Public Defender to enter into negotiations with the California Administrative Office of the |

| |Courts for a contract extension to provide juvenile dependency representation for parents, guardians, and children when the |

| |Public Defender has a conflict in the Superior Court of San Diego County. |

| |Approve and authorize the Auditor and Controller’s Office of Revenue and Recovery to work with the Public Defender and Alternate |

| |Public Defender to manage accounts receivable, which will include collection and enforcement services. |

| |Approve and authorize the Clerk of the Board of Supervisors to execute a Revenue Agreement with the California Administrative |

| |Office of the Courts for juvenile dependency representation. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent. |

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

| |

| |

|2. |SUBJECT: |SHERIFF’S DEPARTMENT REQUEST FOR OUT-OF-COUNTRY TRAVEL (DISTRICTS: ALL) |

| |OVERVIEW: |

| |Per Board of Supervisors Policy D-7, this is a request for two Criminalists and one Supervising Criminalist assigned to the |

| |Firearms Analysis (Ballistics) Unit at the Sheriff’s Crime Laboratory to travel to Honolulu, Hawaii to attend training on the |

| |subject of the recent advancements in firearms and expert testimony. The training seminar will be given by the Association of |

| |Firearm and Tool Mark Examiners (AFTE), and will be held from May 18 through 23, 2008. Travel for the participants will be paid |

| |with grant funds. Travel dates are from May 17 to May 24, 2008. |

| |FISCAL IMPACT: |

| |Funds for this request are included in the Fiscal Year 2007-08 Adopted Operational Plan. If approved, this request will result |

| |in approximately $7,298 current year costs which will be paid with grant funds. There are 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 and per diem to Honolulu, Hawaii, for two Criminalists and one Supervising Criminalist assigned to the Firearms |

| |Analysis (Ballistics) section of the Sheriff’s Crime Laboratory. The forensic firearms training seminar will be given by the |

| |Association of Firearm and Tool Mark Examiners (AFTE), and will be held from May 18 through 23, 2008. Travel dates are from May |

| |17 to May 24, 2008. |

| |Authorize the Chief Administrative Officer, in consultation with the Sheriff, to select two Criminalists and one Supervising |

| |Criminalist to travel to Honolulu, Hawaii to attend the 2008 Association of Firearm and Tool Mark Examiners Firearms Training |

| |Seminar. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent. |

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

| |

|3. |SUBJECT: |Ensuring Educational Success for Foster Youth (DISTRICTs: All) |

| |OVERVIEW: |

| |The average foster teen can move as many as ten times between 9th and 12th grade. Unfortunately, this makes graduating high |

| |school tremendously difficult for these teens that have already experienced a lifetime of trauma and pain as a result of unstable|

| |childhoods caused by dysfunctional parents. Foster youth are constantly forced to move from home to home and from school to |

| |school. Each move creates overwhelming emotional, social and academic challenges in the child’s life which can often lead to |

| |youth dropping out of school or getting severely delayed. |

| | |

| |“School Success” is a pilot project funded through a generous grant from the Stuart Foundation as well as a collaborative |

| |partnership between the San Diego County Office of Education, Foster Youth Services (SDCOE, FYS) and the County of San Diego. |

| |This innovative project will incorporate education liaison services with social worker placement services to ensure that the |

| |educational needs of foster children are met through communication, collaboration, and access to the full array of academic |

| |support services. Today’s action will accept the Stuart Foundation grant and enable “School Success” to be operational by the |

| |start of the next school year. |

| |FISCAL IMPACT: |

| |Funds for this request are not included in the Fiscal Year 2008-2010 Operational Plan for the Health and Human Services Agency. |

| |If approved, this request will result in current and subsequent year costs and revenue of $150,000. There is no change to the |

| |net General Fund cost and no new staff years. The funding source for this proposal is $150,000 in revenue from Stuart |

| |Foundation. No additional appropriations are needed in the current fiscal year. |

| |RECOMMENDATION: |

| |CHAIRMAN COX |

| |Accept the grant of $150,000 from the Stuart Foundation. |

| | |

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

| | |

| |Authorize the Clerk of the Board to execute, upon receipt, the Stuart Foundation grant revenue agreement, in the amount of |

| |$150,000 for FY 2008-09. |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| |In accordance with Board Policy A-87, Section 2.B., approve the Director, Department of Purchasing and Contracting, to enter into|

| |negotiations with the County Office of Education., and subject to successful negotiations and determination of a fair and |

| |reasonable price, award a contract for Education Support Services from July 1, 2008 through June 30, 2009, authorize the |

| |Director, Department of Purchasing and Contracting to renew the contract for two (2) subsequent years, subject to the |

| |availability of funds; and to amend the contract as required to reflect changes to services and funding allocations, subject to |

| |the approval of the Director, Health and Human Services Agency and Chief Administrative Officer determination of economy and |

| |efficiency. Waive the advertising requirement of Board Policy A-87. |

| | |

| |Authorize the Chairman of the Board of Supervisors to sign a letter of appreciation on the Board’s behalf to the donors. |

| |ACTION: |

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

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

| |

| |

|4. |SUBJECT: |MENTAL HEALTH SERVICES - COMPETITIVE PROCUREMENT FOR JUVENILE OFFENDER PROGRAM (DISTRICTS: ALL) |

| |OVERVIEW: |

| |In recent years, your Board has taken many actions to improve the comprehensive mental health care system for children and |

| |adolescents in San Diego County. On September 19, 2000 (2) and October 17, 2000 (1), the Board approved the Early and Periodic |

| |Screening, Diagnosis and Treatment (EPSDT) plan and the Children’s Mental Health Initiative resulting in increased services for |

| |children and adolescents. On December 3, 2002 (3), the Board approved competitive solicitations in order to continue existing |

| |mental health contracts that contribute to the County’s comprehensive plan. Included among these programs is the Sexual |

| |Treatment Education Program and Services (STEPS) which provides day treatment and outpatient services to emotionally disturbed |

| |juvenile sex offenders. |

| | |

| |The term of the current STEPS contract ends June 30, 2008, with a six-month extension. Today’s item requests authority to issue |

| |a competitive solicitation in order to continue the STEPS program currently serving children, youth and families. Any contract |

| |is contingent upon the availability of funding. |

| |FISCAL IMPACT: |

| |The FY 2007-2009 Operational Plan for Health and Human Services Agency includes costs and revenues of $1,094,710 for this |

| |proposal. The funding sources are federal financial participation, EPSDT, and State Mental Health Realignment. 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 to procure STEPS mental health services, and upon successful negotiations and |

| |determination of a fair and reasonable price, award a contract for a term of two years with four renewal option years, and up to |

| |an additional six months if necessary, pending availability of funds; and to amend the contract as required to reflect changes to|

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

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board of Supervisors withdrew this item at the request of|

| |the Chief Administrative Officer, on Consent. |

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

| |

| |

|5. |SUBJECT: |PROCUREMENT OF PAROLEE PARTNERSHIP PROGRAM SERVICES (DISTRICTS: ALL) |

| |OVERVIEW: |

| |On June 12, 2007 (4), the Board of Supervisors authorized a new three-year revenue agreement with the State of California for |

| |Fiscal Years 2007-08, 2008-09, and 2009-10 to fund the County’s array of alcohol and drug services. The Parolee Partnership |

| |Program is an integral part of these services, and provides assessment, case management, and referral to treatment programs for |

| |parolees from state prison who have a history of drug and/or alcohol abuse. Services also include a Proposition 36 Assessment |

| |Center providing liaison services between parolees and treatment providers. The Parolee Partnership Program contract for services|

| |will expire on June 30, 2008. |

| | |

| |Today’s item requests that the Board of Supervisors authorize the Director of Purchasing and Contracting to issue a competitive |

| |solicitation for Parolee Partnership Program services anticipated to begin July 1, 2008 through June 30, 2009 and for four |

| |additional option years through June 30, 2013 with up to six option months. |

| |FISCAL IMPACT: |

| |Funds for this request are included in the Fiscal Year 2007-2009 Operational Plan for the Health and Human Services Agency. If |

| |approved, this request will result in annual costs and revenue of $1,670,000. The funding source is the California Department of|

| |Alcohol and Drug Programs. There will be no change in net General Fund Costs 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 Parolee Partnership Program Services and upon successful completion of |

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

| |option years, and up to six additional option months, if needed, subject to the availability of funds and a need for the |

| |services; and to amend the contract as required to reflect changes to services and funding allocations, subject to the approval |

| |of the Director, Health and Human Services Agency. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent. |

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

| |

| |

|6. |SUBJECT: |HEALTH AND HUMAN SERVICES AGENCY SUNSET REVIEW OF BOARD POLICIES (DISTRICTS: ALL) |

| |OVERVIEW: |

| |In accordance with Board of Supervisors’ Policy A-76, Sunset Review, the Health and Human Services Agency (HHSA) periodically |

| |reviews certain Board Policies to ensure that obsolete provisions are deleted and remaining provisions reflect current Board |

| |standards and directives. |

| | |

| |Based on the Sunset Review Process, Board approval is requested for recommended revisions to Board Policy (E-10) Comprehensive |

| |Health and Social Service System, and (E-11) The Role and Function of Edgemoor. |

| |FISCAL IMPACT: |

| |There is no fiscal impact as a result of this recommendation. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Accept and approve amendments to Board Policies (E-10) Comprehensive Health and Social Service System, and (E-11) The Role and |

| |Function of Edgemoor. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent. |

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

| |

| |

|7. |SUBJECT: |NOTICED PUBLIC HEARING: |

| | |COUNTY OPERATIONS CENTER AND ANNEX REDEVELOPMENT - APPROVE DISPOSITION AND DEVELOPMENT AGREEMENT WITH |

| | |LOWE ENTERPRISES, INC. AND ASSOCIATED ACTIONS (DISTRICT: 4) |

| |OVERVIEW: |

| |On July 24, 2007 (11), the Board of Supervisors approved the conceptual site plan, phasing, cost estimates for the County |

| |Operations Center (COC) and Annex redevelopment; an amendment of the Exclusive Negotiation Agreement with Lowe Enterprises; |

| |appropriated $4.5 million for environmental review, planning and design, and negotiation of the Disposition and Development |

| |Agreement; and relocation site searches. The Board directed staff to return to the Board for approval of the Disposition and |

| |Development Agreement and the preferred construction phasing, financing plan, and approval of California Environmental Quality |

| |Act (CEQA) documents. |

| | |

| |Lowe Enterprises and County staff have worked diligently to develop a final site plan and project construction phasing that will |

| |achieve the County’s objectives of a consolidated COC, including a new Planning and Permitting Center, to provide one-stop |

| |convenience for County customers. Other departments now located at the Annex, will also be relocated to offsite locations. The |

| |overall plan will include the construction of six 150,000-square-foot office buildings, two multi-level parking structures, a new|

| |central plant, and a conference center with food services. The total project cost is $531.1 million, consisting of COC |

| |development costs and relocation costs. The total development cost for the new facilities at the COC is $458.3 million. In |

| |addition, the relocation capital costs for offices that are currently at the COC or Annex that will not be part of the new campus|

| |($56 million), and estimated one-time move-in costs for those departments ($16.8 million) will be incurred. The project is |

| |proposed to be constructed in two phases to minimize disruption and moves of County employees currently working on-site and to |

| |maintain financial flexibility. The project will be financed with a combination of debt and General Fund resources. |

| | |

| |Phase 1 development will include the central plant, utility infrastructure, four 150,000-square-foot buildings, conference |

| |center, two multi-level parking structures, and offsite improvements to mitigate traffic impacts. Phase 1 is proposed to |

| |commence construction in the fall of 2008. The total cost of Phase 1 is $377.5 million ($308.3 million in COC development costs,|

| |$56 million in relocation capital costs, and $13.2 million in estimated one-time move-in costs). At the end of Phase 1 in 2012, |

| |the Annex will be vacated and the property sold to Lowe Enterprises Real Estate Group-West, Inc. in accordance with the terms of |

| |the proposed Purchase and Sale Agreement and Joint Escrow Instructions. |

| | |

| |The recommendations below, if approved will allow the project to continue moving forward towards an estimated construction start |

| |date of October 2008. |

| |FISCAL IMPACT: |

| |These actions will approve an estimated total project cost of $531.1 million, consisting of County Operations Center (COC) |

| |development costs of $458.3 million, relocation capital costs of $56 million, and relocation move-in costs of $16.8 million. If |

| |approved, the appropriations of $308.3 million for Phase 1 (A and B) and relocation capital costs of new facilities for Annex and|

| |COC tenants who will not be moving into the new COC ($56 million) will be included in the Fiscal Year 2008-10 Operational Plan, |

| |for a total of $364.3 million. The source of funding is General Fund resources of $75 million and bond proceeds of $289.3 |

| |million. The estimated Phase 1 one-time move-in costs of $13.2 million will be funded by Group and general county resources. In|

| |the current year, funding of $2.1 million is requested based on Fiscal Year 2006-07 general county fund balance to continue site |

| |planning, building design, and project administration until the Disposition and Development Agreement is operative. Phase 2 |

| |development costs of $150 million are not recommended to be funded until Fiscal Year 2010-11. Phase 2 estimated one-time move-in|

| |costs of $3.6 million will be funded by Group and general county resources. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Certify that the Final Environmental Report (FEIR) for the County Operations Center and Annex Redevelopment Project (CSH. No. |

| |2007071142) dated January 7, 2008, on file with the Clerk of the Board, has been completed in compliance with the California|

| |Environmental Quality Act (CEQA), reflects the Board of Supervisors’ independent judgment and analysis, and was presented to the |

| |Board and the Board has reviewed and considered the information contained in the FEIR prior to approving the project. |

| | |

| |Pursuant to Public Resources Code Section 21081 and Section 15091 of the State CEQA Guidelines, the Board hereby makes and adopts|

| |the “Findings Regarding Significant Effects.” (Attachment A) |

| | |

| |Pursuant to Section 15097 of the State CEQA Guidelines, the Board hereby approves and adopts the “Mitigation Monitoring and |

| |Reporting Program.” (Attachment B) |

| | |

| |Pursuant to Public Resources Code Section 21081 and Section 15093 of the State CEQA Guidelines, the Board hereby makes and adopts|

| |the “Statement of Overriding Considerations.” (Attachment C) |

| | |

| | |

| |Approve the final site plan and phasing for the County Operations Center and Annex Redevelopment project. (Attachment D) |

| | |

| |Approve the County Operations Center and Annex Redevelopment total project cost of $531.1 million. |

| | |

| |Direct the Chief Administrative Officer to include funding for Phase 1 of the County Operations Center and Annex Redevelopment |

| |project in the Fiscal Year 2008-10 Proposed Operational Plan. |

| | |

| |Direct the Chief Financial Officer to seek long-term financing through the San Diego Regional Building Authority. |

| | |

| |Establish appropriations of $2,100,000 in Contributions to Capital Outlay Fund (Operating Transfer Out), for the County |

| |Operations Center project, based on Fiscal Year 2006-07 General Fund Balance available. (4 VOTES) |

| | |

| |Establish appropriations of $2,100,000 in the Capital Outlay Fund for Capital Project 1011214, County Operations Center, based on|

| |an Operating Transfer from the General Fund, for interim site planning, design, and project administration.  (4 VOTES) |

| | |

| |Find that the Board has reviewed and accepted the provisions of the Disposition and Development Agreement with Lowe Enterprises, |

| |Inc. (Attachment E) to develop the County Operations Center and Annex properties and authorizes execution by the Director, |

| |Department of General Services subject to the following conditions: (1) approval of financing by the San Diego Regional Building |

| |Authority and the County of San Diego, (2) approval and execution of the Disposition and Development Agreement (DDA) by the San |

| |Diego Regional Building Authority in substantially the form presented to this Board, and (3) appropriations for the project being|

| |included in the Fiscal Year 2008-10 Adopted Operational Plan. |

| | |

| |Authorize the execution of a Construction Inspection and Administration Agreement between the San Diego Regional Building |

| |Authority and the County of San Diego to oversee the construction at the County Operations Center. |

| | |

| |Authorize the Director, Department of General Services, to execute an Amendment to the Exclusive Negotiation Agreement (ENA) with|

| |Lowe Enterprises, Inc. to extend the termination date of the ENA to December 31, 2008 and provide up to $10.9 million in |

| |additional reimbursement to Lowe Enterprises for building design and project administration until the DDA is operative. |

| | |

| | |

| | |

| | |

| | |

| |Adopt the following Ordinance after holding a public hearing as required by Government Code Section 25515.2. (4 VOTES) |

| | |

| |AN ORDINANCE AUTHORIZING A CONTRACT AGREEMENT ENTITLED “PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS” RELATING TO THE SAN |

| |DIEGO COUNTY OPERATIONS CENTER ANNEX PROPERTY |

| | |

| |Authorize the Director, Department of General Services to execute four copies of the Purchase and Sale Agreement with Lowe |

| |Enterprises Real Estate Group-West, Inc. 30 days after adoption of the Ordinance. |

| | |

| |Authorize the Director, Department of General Services to perform all necessary actions under the Purchase and Sale Agreement on |

| |behalf of the County, including the execution of real estate conveyance documents made in conformance with the terms of the |

| |Purchase and Sale Agreement. |

| | |

| |In accordance with Board of Supervisors Policy F-40, Procuring Architectural, Engineering and Related Professional Services, |

| |authorize the Director, Department Purchasing and Contracting, to enter into negotiations with Project Management Advisors, Inc. |

| |and, subject to negotiations and determination of a fair and reasonable price, execute a contract in an amount not to exceed |

| |$3,900,000 for construction management services, subject to the approval of the Director of General Services and contingent upon |

| |(1) approval of financing by the San Diego Regional Building Authority and the County of San Diego, (2) approval and execution of|

| |the DDA by the San Diego Regional Building Authority in substantially the form presented to this Board, and (3) appropriations |

| |for the project being included in the Fiscal Year 2008-10 Adopted Operational Plan. |

| | |

| |In accordance with Board Policy A-87, authorize the Director, Department of Purchasing and Contracting, to amend contract no. |

| |511240 with Keyser Marston Associates, and, subject to successful negotiations and determination of fair and reasonable pricing, |

| |increase the contract amount by $200,000 to provide disposition and entitlement consulting services. Designate the Director, |

| |Department of General Services as contract administrator. Waive the advertising requirement of Board Policy A-87. |

| |ACTION: |

| |ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board closed the Hearing and took action as recommended, |

| |adopting Ordinance No. 9931 (N.S.) entitled: AN ORDINANCE AUTHORIZING A CONTRACT AGREEMENT ENTITLED “PURCHASE AND SALE AND JOINT|

| |ESCROW INSTRUCTIONS” RELATING TO THE SAN DIEGO COUNTY OPERATIONS CENTER ANNEX PROPERTY. |

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

| |

|8. |SUBJECT: |NOTICED PUBLIC HEARING: |

| | |THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS BY THE COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHORITY ON |

| | |BEHALF OF EDUCATIONAL MEDIA FOUNDATION FOR THE KLVJ RADIO STATION PROJECT (DISTRICT: 2) |

| |OVERVIEW: |

| |The County has received a request from the Colorado Educational and Cultural Facilities Authority (“CECFA”) to conduct a public |

| |hearing as required by the Internal Revenue Code in order to issue tax-exempt obligations (the “Obligations”), in an aggregate |

| |amount not to exceed $52,000,000, on behalf of Educational Media Foundation (“EMF”), a California nonprofit corporation (the |

| |“Borrower”). The Borrower will use the proceeds of the Obligations to finance and refinance certain Federal Communications |

| |Commission (“FCC”) non-commercial licenses throughout the United States and, with respect to the County of San Diego (the |

| |“County”), refinance the cost of acquiring a FCC non-commercial license to operate a radio station (KLVJ) assigned to the Town of|

| |Julian (the “Project”). Approximately $1,600,000 of the proceeds will be used for refinancing the FCC license for the KLVJ |

| |station. The remaining proceeds of the Obligations will be used for financing or refinancing various licenses and certain |

| |broadcasting equipment in other states, including but not limited to Oregon, Maine, New York, Washington, Tennessee, Arkansas and|

| |Missouri. |

| | |

| |CECFA is an independent public body politic and corporate of the State of Colorado that provides financing for cultural and |

| |educational institutions. CECFA is empowered to issue the Obligations for the Project pursuant to the Colorado Educational and |

| |Cultural Facilities Authority Act, Colorado Revised Statutes 23-15-101 et seq. (2004) (the “Act”) and is specifically empowered |

| |under 23-15-103 (7)(b) of the Act to issue the Obligations for the benefit of an educational institution, even for projects |

| |located outside the state, as long as EMF operates educational facilities (as defined in the Act) in the state of Colorado. |

| |Because EMF is an educational institution (within the meaning of the Act) that operates several Colorado radio stations, CECFA |

| |may finance a project located outside of Colorado. CECFA, therefore, has the power to issue the Obligations for the Project |

| |located within the unincorporated area of the County. |

| | |

| |In order for CECFA to issue such Obligation, a public hearing must be conducted, under the Tax and Equity Fiscal Responsibility |

| |Act of 1982 (TEFRA), in the local jurisdiction where the Project is located, as well as a TEFRA hearing by CECFA in Colorado. |

| |After such hearing, the elected body of such jurisdiction must approve the issuance of the tax-exempt obligations. Thus, in |

| |connection with this multi-state financing, the County must (1) conduct a TEFRA public hearing allowing members of the public to |

| |comment on the proposed Project, and (2) approve CECFA’s issuance of the Obligations. |

| |FISCAL IMPACT: |

| |Funds for this request are not included in the Chief Administrative Office’s Fiscal Year 2007-2008 Operational Plan. If |

| |approved, this proposal will result in $1,000 of unanticipated revenue to be used to reimburse the County for costs associated |

| |with this non-County financing. |

| | |

| |EMF shall be responsible for the payment of all present and future costs in connection with the issuance of the Bonds. The |

| |County will incur no obligation of indebtedness as a result of these actions. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER AND DEBT ADVISORY COMMITTEE |

| |Pursuant to Section 147(f) of the Internal Revenue Code, hold a public hearing regarding the financing of the Project. |

| | |

| |Adopt the resolution approving the CECFA’s issuance of not to exceed $52,000,000 of tax-exempt obligations on behalf of |

| |Educational Media Foundation, of which approximately $1,600,000 will be used to refinance the FCC license to operate the KLVJ |

| |radio station located in the Town of Julian. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board closed the Hearing and took action as recommended, |

| |on Consent, adopting Resolution No. 08-063 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO |

| |APPROVING A TAX-EXEMPT FINANCING TO BE ISSUED BY THE COLORADO EDUCATIONAL AND CULTURAL FACILITIES AUTHORITY FOR THE BENEFIT OF |

| |THE EDUCATIONAL MEDIA FOUNDATION. |

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

| |

| |

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

| |OVERVIEW: |

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

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

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

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

| |FISCAL IMPACT: |

| |Not Applicable. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Note and file. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent. |

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

| |

| |

|10. |SUBJECT: |ADMINISTRATIVE ITEM: |

| | |SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENTS TO THE COMPENSATION ORDINANCE AND TO THE |

| | |ADMINISTRATIVE CODE (DISTRICTS: ALL) |

| |OVERVIEW: |

| |On March 25, 2008 (12), the Board of Supervisors introduced Ordinances for further Board consideration and adoption on April 8, |

| |2008. |

| | |

| |On August 17, 2006 Federal Legislation was enacted that exempts a distribution made to a qualified public safety employee after |

| |separation of service after attainment of age 50 (currently 55) from the imposition of a tax for early distribution from |

| |qualified retirement plans. This action amends the San Diego County Compensation Ordinance by amending the Terminal Pay Plan |

| |under the Vacation and Sick leave provisions to comply with the new Federal Law reducing the eligibility age from 55 to 50 for |

| |employees in the Deputy Sheriff (DS) and Sheriffs Management (SM) units. |

| | |

| |The San Diego County Administrative Code is being amended to update the Automobile Allowance code for Chief Information Officer |

| |from “D” to “C”. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Adopt Ordinances entitled: |

| | |

| |AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE AMENDING THE TERMINAL PAY PLAN UNDER THE VACATION AND SICK LEAVE PROVISION TO |

| |COMPLY WITH THE NEW FEDERAL LAW |

| | |

| |AN ORDINANCE AMENDING SAN DIEGO COUNTY ADMINISTRATIVE CODE SECTION 496 RELATING TO THE AUTOMOBILE ALLOWANCE |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting |

| |Ordinance No. 9932 (N.S.) entitled: AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE AMENDMENTS TO THE COMPENSATION ORDINANCE |

| |RELATING TO THE TERMINAL PAY PLAN UNDER THE VACATION AND SICK LEAVE PROVISIONS TO COMPLY WITH THE NEW FEDERAL LAW, and Ordinance |

| |No. 9933 (N.S.) entitled: AN ORDINANCE AMENDING SAN DIEGO COUNTY ADMINISTRATIVE CODE SECTION 496 RELATING TO THE AUTOMOBILE |

| |ALLOWANCE. |

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

| |

| |

|11. |SUBJECT: |ADMINISTRATIVE ITEM: |

| | |APPOINTMENTS (DISTRICTS: ALL) |

| |OVERVIEW: |

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

| |Committees, Board Policy I–1, Planning and Sponsor Group Policies and Procedures and Policy A-77, Appointments to Fill Vacancies |

| |and Cancellation of Election where Insufficient Nominations Filed Prior to Uniform District Election and Citizen Planning Group |

| |Election. |

| |FISCAL IMPACT: |

| |N/A |

| |RECOMMENDATION: |

| |VICE CHAIRWOMAN JACOB |

| |Appoint Gerald S. Mulder as a County Hearing Officer, for a term to expire January 5, 2009. |

| | |

| |Appoint Jeff Wilson to fill the Seat No. 8 vacated by Dan Skiles on the Spring Valley Community Planning Group for a term ending |

| |January 3, 2011. |

| | |

| |Appoint Richard Saldano Jr. to fill the Seat #10 vacated by Dr. Jane Fitz on the Alpine Community Planning Group, for a term |

| |ending January 3, 2011. |

| | |

| |SUPERVISOR ROBERTS |

| |Appoint Rob Hutsel to the San Diego County Parks Advisory Committee, for a term to expire January 3, 2011. |

| | |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Waive Board Policy A – 74, Citizen Participation in County Boards, Commissions, and Committees and re-appoint Dr. Christopher C. |

| |Glembotski for an additional term on the San Diego County Science Advisory Board, for a term to expire March 10, 2011. |

| | |

| |Waive Board Policy A – 74, Citizen Participation in County Boards, Commissions, and Committees and re-appoint Dr. Paul F. Linden |

| |for an additional term on the San Diego County Science Advisory Board, for a term to expire March 10, 2011. |

| | |

| |Waive Board Policy A – 74, Citizen Participation in County Boards, Commissions, and Committees and re-appoint Dr. Stanford Penner|

| |for an additional term on the San Diego County Science Advisory Board, for a term to expire March 10, 2011. |

| | |

| |Waive Board Policy A – 74, Citizen Participation in County Boards, Commissions, and Committees and re-appoint Dr. David R. |

| |Schubert for an additional term on the San Diego County Science Advisory Board, for a term to expire March 10, 2011. |

| | |

| |Re-appoint Dr. Mark Thayer to the San Diego County Science Advisory Board, for a term to expire March 10, 2011. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent. |

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

| |

| |

|12. |SUBJECT: |ALLOCATION OF COMMUNITY PROJECTS FUNDING (DISTRICT: 4) |

| |OVERVIEW: |

| |The County’s fiscal condition has enabled it to reinvest taxpayer money in our communities for the benefit of the public. The |

| |recommended actions below propose that these projects of great benefit to San Diego County be funded using Community Projects |

| |Funds. |

| |FISCAL IMPACT: |

| |The total combined cost of the proposed recommendations is $403,808.00. Appropriations are available in the Community Projects |

| |Budget (15665). This action will result in the addition of no staff years and no future costs. |

| |RECOMMENDATION: |

| |SUPERVISOR ROBERTS |

| |Rescind the October 26, 2004 (17) allocation of $50,000.00 from Community Projects budget (15665) to the Supreme Council Somali |

| |Community to acquire property for the East African Community Cultural Center, so the funds can be reallocated to other projects. |

| | |

| |Establish appropriations of $10,000.00 in the Community Projects budget (15665) based on the return of the unused October 10, |

| |2000 (14) allocation of $10,000.00 to the UCSD Foundation to contribute to the University of California Regents for the Baby Be |

| |Safe Project, so the funds can be reallocated to other projects. |

| |Rescind the February 27, 2007 (18) allocation of $20,000.00 from Community Projects budget (15665) to the Asian Pacific Speech |

| |and Hearing Foundation for costs associated with Asian Heritage Month events in May 2007, so the funds can be reallocated to |

| |other projects. |

| | |

| |Reduce the February 26, 2008 (18) allocation of $20,000.00 from Community Projects budget (15665) to the Starlight Starbright |

| |Children’s Foundation from $20,000.00 to $17,000.00 to purchase and install four Nintendo Wii fun centers at Kaiser Hospital. |

| | |

| |Allocate $14,000.00 from Community Projects Budget (15665) to the Greater San Diego After-School All-Stars to create marketing |

| |materials including DVDs, brochures and newsletters for their new location at 2590 Truxtun Road, Suite 202. |

| | |

| |Allocate $10,000.00 from Community Projects Budget (15665) to the Camp Pendleton Armed Services YMCA to purchase a ping pong |

| |table, pool table, television, PlayStation 3, Game Cube, Xbox 360 and various electronic games for the School of Infantry |

| |Recreation Center at Camp Pendleton. |

| | |

| |Allocate $35,000.00 from Community Projects Budget (15665) to the Barnes Family Junior Tennis Center to purchase desks, chairs, |

| |bookcases, computers, art equipment and other classroom items for their homework assistance room located at 4490 W. Point Loma |

| |Boulevard. |

| | |

| |Allocate $25,000.00 from Community Projects Budget (15665) to BIOCOM for advertising, printing and promotional costs associated |

| |with the 2008 BIO International Convention, which will be held in San Diego from June 17, 2008 through June 20, 2008. |

| | |

| |Find that the allocations to the Hillcrest Community Foundation, Mission Hills Main Street Foundation, Mission Valley Rotary, San|

| |Diego Automotive Museum, Tecolote Youth Baseball and the San Diego Air and Space Museum are exempt from the California |

| |Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301. |

| | |

| |Allocate $15,000.00 from Community Projects Budget (15665) to the Hillcrest Community Foundation to purchase and install 10 trash|

| |containers which will be placed in the Hillcrest Business District. |

| | |

| |Allocate $3,558.00 from Community Projects Budget (15665) to the International Rescue Committee to purchase a software package, |

| |desk and computer for their office located at 5348 University Avenue, Suite 205. |

| | |

| |Allocate $10,000.00 from Community Projects Budget (15665) to Kaiser Permanente to purchase bike and all-purpose helmets, which |

| |will be distributed to children in the Fourth District. |

| |Allocate $16,000.00 from Community Projects Budget (15665) to the Little Italy Association of San Diego for costs associated with|

| |painting 15 utility boxes on India Street and to purchase tables, chairs, umbrellas, a sound system and a projector. |

| | |

| |Allocate $60,000.00 from Community Projects Budget (15665) to the Mission Hills Main Street Foundation for costs associated with |

| |upgrading the children’s playground at Pioneer Park, subject to the Foundation raising funds in the amount of $52,053.05. |

| | |

| |Allocate $5,000.00 from Community Projects Budget (15665) to the Mission Valley Rotary to purchase and install benches, plants, |

| |edging, fencing and landscape blocks that will be installed at the Mission Valley Preserve Garden for their annual “Rotarians at |

| |Work Day,” which will be held on April 26, 2008. |

| | |

| |Allocate $80,000.00 from Community Projects Budget (15665) to the San Diego Air and Space Museum (SDASM) for costs associated |

| |with refurbishing, transporting and installing the Atlas 2E booster and mercury capsule from Gillespie Field to its permanent |

| |home at the San Diego Air and Space Museum in Balboa Park, subject to the SDASM raising funds in the amount of $24,000.00. |

| | |

| |Allocate $10,000.00 from Community Projects Budget (15665) to the San Diego Automotive Museum to purchase and install a slot car |

| |track, a race car simulator and upgrade the children’s area, which will include purchasing and installing new carpet, a wall |

| |mural and signage at their museum in Balboa Park. |

| | |

| |Allocate $14,550.00 from Community Projects Budget (15665) to the Farm Bureau of San Diego County for advertising, office |

| |supplies, translation material, EBT supplies and various costs associated with the start-up of the City Heights Open-Air Market. |

| | |

| |Allocate $5,000.00 from Community Projects Budget (15665) to the San Diego River Park Foundation for costs associated with |

| |marketing and advertising for the “2008 San Diego River Days,” which will target clean-up efforts in the Mission Valley |

| |community. |

| | |

| |Allocate $17,000.00 from Community Projects Budget (15665) to the Starlight Starbright Children’s Foundation to purchase and |

| |install four Wii fun centers at Children’s Hospital. |

| | |

| |Allocate $20,000.00 from Community Projects Budget (15665) to Star/Pal to purchase baseball equipment for the summer baseball |

| |league and costs associated with carpeting the facility at 4110 54th Street. |

| | |

| | |

| | |

| | |

| |Allocate $10,000.00 from Community Projects Budget (15665) to the Southern Sudanese Community Center of San Diego for costs |

| |associated with sealing the roof, replacing windows and other classroom improvements to their 4077 Fairmount Avenue location. |

| | |

| |Allocate $25,000.00 from Community Projects Budget (15665) to Tecolote Youth Baseball to purchase and install artificial turf at |

| |the mustang field located at 4675 Tecolote Road. |

| | |

| |Allocate $18,700.00 from Community Projects Budget (15665) to the Uptown Partnership to develop the Streetscape Design Guidelines|

| |for the Bankers Hill neighborhood, which will help create consistency in regards to landscaping, street furnishings, identity |

| |signage and pedestrian friendly improvements. |

| | |

| |Allocate $10,000.00 from Community Projects Budget (15665) to the Wounded Marine Careers Foundation to purchase and install |

| |audio-visual equipment for the editorial suite at their 4705 Ruffin Road location. |

| | |

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

| |the funds described above and to make minor amendments to the agreements that are consistent with the general purpose of the |

| |grant but do not increase the grant. |

| | |

| |Find that these grant awards have a public purpose. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent. |

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

| |

| |

|13. |SUBJECT: |CLOSED SESSION (DISTRICTS: ALL) |

| |OVERVIEW: |

| |CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

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

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

| | |

| |CONFERENCE WITH REAL PROPERTY NEGOTIATORS |

| |(Government Code section 54956.8) |

| |Property: 500 Third Avenue, Chula Vista 91910; 250 E. Main Street, El Cajon, CA 92020; 325 S. Melrose, Vista, CA 92083; 1406 |

| |Montecito Road, Ramona, CA 92065; 8950 Clairemont Mesa Blvd., San Diego, CA 92123; 1501-1555 6th Avenue, San Diego, CA 92101; |

| |2851 Meadowlark, San Diego, CA 92123; 220 E. Broadway, San Diego, CA 92101; 330 West Broadway, San Diego, CA 92101; 1409 4th |

| |Avenue, San Diego, CA 92101; 5354 Banks Street, Suite C, San Diego CA 92101; Block bounded by Union, B, State and C Streets, San |

| |Diego, CA 92101 |

| | |

| |Negotiating Parties: |

| | |

| |County: Harold Tuck, April Heinze |

| | |

| |Judicial Council: Ron Overholt, Kim Davis, Clifford Ham, Administrative Office of the Courts, Office of Court Construction and |

| |Management |

| | |

| |Under Negotiation: Price and Terms |

| |ACTION: |

| |Any other reportable matters will be announced on Wednesday, April 9, 2008, prior to the Board of Supervisors Planning and Land |

| |Use meeting. |

| |

| |

|14. |SUBJECT: |PRESENTATIONS/AWARDS |

| |OVERVIEW: |

| |Chairman Greg Cox presented a proclamation declaring this day, the 8th of April, 2008, Voices For Children Day throughout the |

| |County of San Diego. |

| | |

| |Supervisor Pam Slater-Price and Supervisor Bill Horn presented a proclamation declaring the 20th of April, 2008, Sober & |

| |Drug-Free Life Choices Day throughout the County of San Diego. |

| | |

| |Supervisor Ron Roberts presented a proclamation declaring today, The Mission Hills 100th Anniversary Day throughout the County of|

| |San Diego. |

| |

| |

|15. |SUBJECT: |PUBLIC COMMUNICATION |

| |OVERVIEW: |

| |Catherine “Kate” Martinez, Suhur Guled, Gerry Deibart, Mila Coombs, Shelly Truesdale, Maria Alexander Buck, |

| |Thanh Pham, and Gerald “Brooks” Ashby spoke to the Board concerning In-Home Support Services Homecare Workers. |

| |ACTION: |

| |Heard, referred to the Chief Administrative Officer. |

There being no further business, the Board adjourned at 12:05 a.m. in memory of Alexander Harold Miller, Vernon Wright, Kim Goetz, Leonard Morris, Ralph Anderson, Joseph Telford, and James Fink.

THOMAS J. PASTUSZKA

Clerk of the Board of Supervisors

County of San Diego, State of California

Consent: Santos

Discussion: Mazyck

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

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