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STATEMENT OF PROCEEDINGSCOUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETINGTUESDAY, JANUARY 31, 2006, 9:00 AM

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

MORNING SESSION – Meeting was called to order at 9:03 a.m.

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

Invocation was led by Pastor Roger Friend from Vista Christian Fellowship.

Pledge of Allegiance led by Patty Davis.

Category Agenda No. Subject

Pledge of Allegiance led by Public Safety

1. DISTRICT ATTORNEY – ARCHSTONE FOUNDATION ELDER ABUSE AND NEGLECT INITIATIVE GRANT FUNDING(4 VOTES)

2. ACCEPTANCE OF SAN DIEGO SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE) FUNDS FOR HELICOPTER OPERATIONS[FUNDING SOURCE(S): THE SAN DIEGO SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE) PROGRAM](4 VOTES)

3. GRANT ACCEPTANCE – EARTHQUAKE MITIGATION PILOT PROJECT[FUNDING SOURCE(S): CALIFORNIA EARTHQUAKE AUTHORITY](4 VOTES)

4. SHERIFF’S DEPARTMENT REQUEST FOR THE PROCUREMENT OF BAKERY EQUIPMENT

Health & Human Services

5. PROCUREMENT OF HOTSHOT MEAL DELIVERY VEHICLES[FUNDING SOURCE(S): CALIFORNIA DEPARTMENT OF AGING]

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6. SENIOR HOMELESS PREVENTION TRANSITIONAL HOUSING PROGRAM[FUNDING SOURCE: TOBACCO SETTLEMENT]

Community Services 7. APPROVAL OF CONTRACT FOR ANIMAL CONTROL PATROL SERVICES FOR THE CITY OF LA MESA(4 VOTES)

8. SANTEE LIBRARY – NEW LEASE AGREEMENT AND EXPANSION OF EXISTING PREMISES

Financial & General Government

9. ALLOCATION OF DISTRICT TWO COMMUNITY PROJECT FUNDS[FUNDING SOURCE: FY 05-06 DISTRICT TWO COMMUNITY PROJECTS]

10. CABLE TV GRANT AWARD PROGRAM(4 VOTES)

11. BONSALL UNION SCHOOL DISTRICT GENERAL OLBIGATION BONDS, ELECTION OF 2005, SERIES 2006

12. NOTICED PUBLIC HEARING:ISSUANCE OF TAX-EXEMPT CERTIFICATES OF PARTICIPATION BY THE COUNTY OF SAN DIEGO FOR THE BENEFIT OF BURNHAM INSTITUTE FOR MEDICAL RESEARCH

13. ORDERING AN ELECTION FOR PROPOSED CHARTER AMENDMENTS[FUNDING SOURCE: REGISTRAR OF VOTERS FY 05-06 BUDGET]

14. 2006 LEGISLATIVE PROGRAM

Communications Received

15. COMMUNICATIONS RECEIVED

Appointments 16. ADMINISTRATIVE ITEM:APPOINTMENTS

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Health & Human Services

17. ADMINISTRATIVE ITEM:SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE DUTIES OF THE PUBLIC ADMINISTRATOR/PUBLIC GUARDIAN

Land Use & Environment

18. FEASIBILITY OF OBTAINING PARK LAND IN ALPINE

19. GETTING THE WORD OUT ON UNIVERSAL WASTE

Financial & General Government

20. LOCAL COMMUNITY PROJECTS

21. APPOINTMENT TO FILL THE VACANCY ON THE LOWER SWEETWATER FIRE PROTECTION DISTRICT BOARD OF DIRECTORS

22. ALLOCATION OF COMMUNITY PROJECTS FUNDS

Closed Session 23. CLOSED SESSION

Presentations/Awards 24. PRESENTATIONS/AWARDS

Public Communication 25. PUBLIC COMMUNICATION

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1. SUBJECT: DISTRICT ATTORNEY – ARCHSTONE FOUNDATION ELDER ABUSE AND NEGLECT INITIATIVE GRANT FUNDING (DISTRICT: ALL)

OVERVIEW:This is a request to ratify the submission of the Elder Abuse and Neglect Initiative Full Proposal grant application and to accept the grant award from the Archstone Foundation in the amount of $403,677 for the period February 1, 2006 to December 31, 2007. The funds will be used to establish a comprehensive, wraparound service delivery model for victims of elder abuse and neglect. The Archstone Foundation is a private philanthropic organization, whose mission is to assist in preparing society to meet the needs of an aging population.

FISCAL IMPACT:Funds for this request are not included in the District Attorney’s Office Fiscal Year 2005-06 Adopted Operational Plan. This request if approved will result in current year costs and revenue of $15,455. Fiscal Year 2006-07 costs and revenues of $217,529, and Fiscal Year 2007-08 costs and revenues of $170,694 will be included in the applicable FY 2006-08 Op Plan. At the conclusion of this grant, the District Attorney's Office will be permitted to apply for three years of additional funding from the Archstone Foundation Elder Abuse and Neglect Initiative. Approval of this request will not require the addition of staff.

RECOMMENDATION:DISTRICT ATTORNEY1. Waive Board Policy A-91, Mid-Year Budget Changes.

2. Waive Board Policy B-29, Fees, Grants, and Revenue Contracts – Department Responsibility for Cost Recovery, which requires full cost recovery for grants and prior approval of grant applications.

3. Ratify the submission of the Elder Abuse and Neglect Initiative grant application to the Archstone Foundation in the amount of $403,677 for the period February 1, 2006 to December 31, 2007. Authorize the District Attorney to execute the Grant Agreement between the Archstone Foundation and the County of San Diego and other related documents, including any extensions or amendments thereof that do not materially impact or alter the grant program or funding level.

4. Establish appropriations of $15,455 in the District Attorney's Office for services and supplies based on unanticipated revenue from the Elder Abuse and Neglect Initiative grant from the Archstone Foundation. (4 VOTES)

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

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2. SUBJECT: ACCEPTANCE OF SAN DIEGO SERVICE AUTHORITY FOR FREEWAY EMERGENCIES (SAFE) FUNDS FOR HELICOPTER OPERATIONS (DISTRICT: ALL)

OVERVIEW:This is a request to enter into a Memorandum of Understanding (MOU) with the San Diego Service Authority for Freeway Emergencies (SAFE) Program. Entering into an agreement with SAFE will allow the County to be partially reimbursed for the costs of motorist aid-related rescue services provided by the County’s Regional Helicopter Program, up to a maximum of $250,000 annually. SAFE will provide funding on an annual basis from July 1, 2005 through June 30, 2009. The funds will be used for continued operation, maintenance, and fuel for the Bell 205A1 medium-lift fire/rescue helicopters.

FISCAL IMPACT:The funds for this request are not budgeted. The funding source is the San Diego Service Authority for Freeway Emergencies (SAFE) Program. If approved, this request will result in costs and revenue of up to $250,000 annually within the Sheriff’s Department over the four year term of the agreement. This action will require the addition of zero staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Waive Board Policy A-91, Mid Year Budget Changes.

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

3. Approve and authorize the Sheriff to enter into a Memorandum of Understanding with the San Diego Service Authority for Freeway Emergencies (SAFE) Program for an amount not to exceed $250,000 annually for the period July 1, 2005 through June 30, 2009.

4. Establish appropriations of $250,000 in the Sheriff’s Department based on unanticipated revenue from SAFE for the continued operation of the County Regional Helicopter Program. (4 VOTES)



3. SUBJECT: GRANT ACCEPTANCE – EARTHQUAKE MITIGATION PILOT PROJECT (DISTRICT: ALL)

OVERVIEW:The Office of Emergency Services has been awarded the Earthquake Mitigation Pilot Project Grant (RFP #51) from the California Earthquake Authority (CEA) in the amount of $84,917. The purpose of this grant is to educate and motivate the residents of San Diego County to adopt earthquake preparedness plans and implement earthquake mitigation materials in their homes.

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Today’s action requests Board approval to accept and appropriate these funds to be used by the Office of Emergency Services.

FISCAL IMPACT:Funds for this request are not budgeted. The funding source is the California Earthquake Authority. If this request is approved, it will result in $84,917 in costs and revenues for the current fiscal year, no annual cost, and would require the addition of no staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Waive Board Policy B-29, Fees, Grants, and Revenue Contracts – Department

Responsibility for Cost Recovery, which requires prior approval of grant applications.

2. Ratify the submission of the Earthquake Mitigation Pilot grant application to California Earthquake Authority in the amount of $84,917 to fund public presentations in earthquake safety and purchase earthquake mitigation materials to enhance earthquake preparedness within the County of San Diego. Authorize the Director of the Office of Emergency Services to execute the Grant Agreement between the California Earthquake Authority and the County of San Diego and other related documents, including any extensions or amendments thereof that do not materially impact or alter the grant program or funding level.

3. Waive BOS Policy A-91, Mid Year Budget Changes.

4. Establish appropriations of $84,917 in the Office of Emergency Services for earthquake preparedness presentations based on California Earthquake Authority grant revenues. (4 VOTES)



4. SUBJECT: SHERIFF’S DEPARTMENT REQUEST FOR THE PROCUREMENT OF BAKERY EQUIPMENT (DISTRICT: ALL)

OVERVIEW:The Sheriff’s Central Production Center (CPC) operates a Cook/Chill-based system that has been providing quality and cost efficient products and services for the past 14 years. Currently the CPC is producing 41,000 meals per day for inmates at 11 county facilities.

The Benier-Disona Roll and Bread production system is an integral part of this, allowing the department to save money by producing baked goods. The current roll and bread production system is fifteen years old and has reached the end of its useful life.

This request is for approval of sole source procurement of one Benier Moulder MS-500, one Benier Rounder Allround and one Benier Bread and Roll Proofer from the Kaak Group Inc.

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FISCAL IMPACT:Funds for this request are budgeted. The funding source is general purpose revenue allocation in the Sheriff’s Fiscal Year 2005-06 Adopted Operational Plan. If approved, this request will result in expenditures of $179,835 and requires the addition of zero staff years.

RECOMMENDATION:SHERIFF1. Waive the advertising and competitive procurement requirements of Board Policy A-

87.

2. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Purchasing and Contracting Director to enter into negotiations with the Kaak Group Inc. and, subject to successful negotiations and determination of a fair and reasonable price, award a contract for one Benier Moulder MS-500, one Benier Rounder Allround and one Benier Bread and Roll Proofer.



5. SUBJECT: PROCUREMENT OF HOTSHOT MEAL DELIVERY VEHICLES (DISTRICT: ALL)

OVERVIEW:The Health and Human Services Agency’s Aging & Independence Services (AIS) division administers a variety of programs serving seniors and the disabled. These services include administration of contracts to provide home-delivered meals to eligible seniors. AIS currently administers 20 senior nutrition contracts, with a fleet of 36 vehicles.

Meal delivery vehicles called Hotshots are essential to the provision of these home-delivered meals. This item requests authorization to purchase up to four Hotshot meal delivery vehicles per year from Delivery Concepts, Inc., subject to availability of funds from the State Department of Aging.

FISCAL IMPACT:Funds for this request are included in the Health and Human Services Agency Fiscal Year 2005-06 Operational Plan. The funding source is the California Department of Aging. If approved, this request will result in FY 2005-06 estimated costs and revenue of $115,000, and estimated costs and revenue of $150,000 per year in subsequent fiscal years. There will be no change in net General Fund cost and no additional staff years.

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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERIn accordance with Board Policy A-87, authorize the Director, Department of Purchasing and Contracting, to enter into negotiations, on a sole source basis, with Delivery Concepts, Inc. for the purchase of up to four Hotshot meal delivery vehicles per year, subject to available funds from the State Department of Aging, and approve this exception for a multi-year period ending June 30, 2011, subject to approval of the Director, Health and Human Services Agency. Waive the advertising requirement of A-87.



6. SUBJECT: SENIOR HOMELESS PREVENTION TRANSITIONAL HOUSING PROGRAM (DISTRICT: 1 & 4)

OVERVIEW:The Health and Human Services Agency, Aging & Independence Services, administers programs that benefit seniors and disabled persons. On December 9, 2003 (17), the Board approved continuation of a contract with Senior Community Centers for supportive case management, counseling, and other services focused on obtaining permanent housing for homeless adults 60 years of age or older and to continue participation in the Senior Homeless Prevention Transitional Housing Program.

Board authorization is requested for the Department of Purchasing and Contracting to negotiate and award a new contract with Senior Community Centers, effective July 1, 2006, to continue to serve homeless seniors through this transitional housing program. The program is a collaborative effort of the City of San Diego Housing Commission, Senior Community Centers, and the Health and Human Services Agency.

FISCAL IMPACT:Funds for this request are included in the FY 2005-2007 Operational Plan. If approved, this request will result in no FY 2005-2006 costs or revenue, and FY 2006-07 and FY 07-08 costs and revenue of $100,000 per year. The funding source is Tobacco Settlement. There will be no change in net General Fund cost and no additional staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERIn accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Purchasing and Contracting, to enter into negotiations with Senior Community Centers; and upon successful negotiations and determination of a fair and reasonable price, award a contract for the period July 1, 2006 through June 30, 2007, with three option years and up to an additional six months if necessary, and to amend the contract as required to reflect changes in funding or service requirements, subject to the approval of the Director, Health and Human Services Agency.

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7. SUBJECT: APPROVAL OF CONTRACT FOR ANIMAL CONTROL PATROL SERVICES FOR THE CITY OF LA MESA (DISTRICT: 2)

OVERVIEW:The City of La Mesa has requested the County to provide interim animal control patrol services through the County Department of Animal Services to ensure that animal control services are available when the city’s animal control officer is on leave or when that position is vacant.

FISCAL IMPACT:All services will be provided on a full cost recovery basis pursuant to Board of Supervisors Policy B-29, Fees, Grants, Revenue Contracts - Department Responsibility for Cost Recovery. The fiscal impact of this request in FY 2005-06 will depend on the demand for County animal control patrol services by the City of La Mesa. The demand will be monitored and fee revenue included at an appropriate level in next year’s Operational Plan. The services to be provided are expected to result in less than $10,000 in revenue annually and will require no additional staff years.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERApprove the proposed “Agreement Between the County of San Diego and City of La Mesa for Animal Control Patrol Services,” and authorize the Director of the Department of Animal Services to execute the agreement.



8. SUBJECT: SANTEE LIBRARY – NEW LEASE AGREEMENT AND EXPANSION OF EXISTING PREMISES (DISTRICT: 2)

OVERVIEW:On May 14, 1985 (13), the County entered into a lease for 5,250 square feet for the Santee Library. On June 27, 1995 (40), the Board approved a First Amendment to Lease, which extended the Lease until June 14, 2005, and increased the space to 7,500 square feet. Staff has negotiated a new, five-year lease, which includes expansion space of 1,800 square feet, for a total of 9,300 square feet.

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Today’s request is to approve the new lease and expansion space, for a five-year term, with two five-year options to extend.

FISCAL IMPACT:Funds for this request are budgeted in the Fiscal Years 2005-06 and 2006-07 Adopted Operational Plan for the County Library. If approved, this request will result in a current year cost of $170,352 and a cost of $204,128 in Fiscal Year 2006-07. Thereafter the cost will increase by 3% to 7% depending upon the annual change in the Consumer Price Index. The funding source is general revenues of the County Library Fund. This action will require no additional staff years.

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

Quality Act Guidelines (CEQA), that this project is categorically exempt from the provisions of CEQA, as it involves negligible or no expansion of the existing use.

2. Approve the additional 1,800 square foot expansion space for the library.

3. Authorize the Director of the Department of General Services to execute three copies of the lease, upon receipt, and to exercise the option(s) to extend the lease, prior to expiration, if appropriate.



9. SUBJECT: ALLOCATION OF DISTRICT TWO COMMUNITY PROJECT FUNDS (DISTRICT: 2)

OVERVIEW:Several communities in East County have demonstrated a need for improvements to their recreational facilities, and have shown that they are prepared to work together with other jurisdictions and community members to provide their children with opportunities to play and stay healthy. This action will provide funds to several communities to improve recreational facilities in East County.

FISCAL IMPACT:The fiscal impact of these recommendations is $78,000. The funding source is FY 05-06 District Two Community Projects. This action will result in the addition of no new staff years and no future costs.

RECOMMENDATION:SUPERVISOR JACOB:1. Find that the allocations to the Jamul Little League and Mt. Woodson Elementary

Parent Teacher Association are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301.

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2. Allocate $75,000 from the District Two Community Projects fund (Org. 0262) to Jamul Little League to improve the existing access road leading to the ball fields, install six solar powered safety lights along the access road and to pay for the outstanding portion of the costs to install the sod on the Cap’s and T-ball fields ($14,245) and to convert the existing well to an “on-demand” system that allows the schools to water all fields on an as needed basis ($12,019.50).

3. Allocate $3,000 from the District Two Community Projects fund (Org. 0262) to the Mt. Woodson Elementary Parent Teacher Association to complete the restoration of the vernal pool on the Mt. Woodson Elementary School campus by constructing a redwood deck and benches around the pool to create an outdoor classroom.

4. Authorize the Chief Financial Officer to execute a grant agreement with the organizations listed above, establishing terms for the receipt of the funds described above.

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



10. SUBJECT: CABLE TV GRANT AWARD PROGRAM (DISTRICT: ALL)

OVERVIEW:The County of San Diego Cable Television & Telecommunications Review Commission proudly recommends for consideration by the Board of Supervisors results of the annual Cable TV Grant Award Program. The Commission sponsors this annual competition to encourage the development of cable programs that highlight the County's Strategic Initiatives: children, environment, and safe and livable communities. The Commission also seeks to fund projects that reflect the cultural diversity of San Diego County.Approval of these recommendations will award five cable television grants of $10,000 each to nonprofit organizations willing to partner with County departments or agencies to produce professional, half-hour video programs to be shown on the County Television Network (CTN). The five programs all support one or more of the County's three Strategic Initiatives: Kids, the Environment, Safe and Livable Communities.

FISCAL IMPACT:Appropriations for the five awards must be established and funds transferred from the CATV Interest Fund (No. 12850). If approved, the request will result in $50,000 current year cost and require no staff years.

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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Approve the award of a $10,000 grant to fund each of the following five programs:

a. Meth Addiction: A Family's Story, Health & Human Services Agency (HHSA), Meth Strike Force and the San Diego Prevention Coalition;

b. Domestic Violence: Breaking the Cycle, Housing & Community Development and YWCA of San Diego County;

c. Art Goes Wild: Inspiring Kids and Saving Nature, Department of Parks & Recreation, HHSA, and PicArt;

d. Song of San Diego: AIDS Prevention through Dance, HHSA, UCSD-TV and San Diego Dance Theatre;

e. San Diego County Canyonlands, Parks & Recreation and Citizens Coordinate for Century Three (C-3).

2. Approve and authorize the Clerk of the Board of Supervisors to execute the necessary Grant Award Agreements.

3. Establish appropriations of $50,000 in the CATV Interest Fund for an operating transfer to Media and Public Relations, based on fund balance available. (4 VOTES)

4. Establish appropriations of $50,000 in Media and Public Relations for the Grant Awards Program, based on an operating transfer from the CATV Interest Fund. (4 VOTES)



11. SUBJECT: BONSALL UNION SCHOOL DISTRICT GENERAL OLBIGATION BONDS, ELECTION OF 2005, SERIES 2006 (DISTRICT: 5)

OVERVIEW:On November 8, 2005, an election was held in the Bonsall Union School District, San Diego County, California (the “District”), whereby at least 55 percent of the voters of the District approved the issuance of $17 million in general obligation bonds (the Authorization”). Proceeds from the sale of the bonds will be used to finance the repair and rehabilitation of schools and the construction and acquisition of new classrooms and school facilities.

At this time, the governing board of the District requests the County Board of Supervisors to issue the first series of bonds in an aggregate principal amount of not to exceed $9 million, designated as the “Bonsall Union School District General Obligation Bonds, Election of 2005, Series 2006 (the ”Bonds”). After the issuance of the Bonds, there will remain $8 million of the Authorization unissued.

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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.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER AND DEBT ADVISORY COMMITTEEAdopt the resolution authorizing the issuance and sale of the Bonsall Union School District General Obligation Bonds, Election of 2005, Series 2006 in the amount not to exceed $9 million.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 06-005 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING THE ISSUANCE AND SALE OF BONDS OF THE BONSALL UNION SCHOOL DISTRICT, ELECTION OF 2005, SERIES 2006.


12. SUBJECT: NOTICED PUBLIC HEARING:ISSUANCE OF TAX-EXEMPT CERTIFICATES OF PARTICIPATION BY THE COUNTY OF SAN DIEGO FOR THE BENEFIT OF BURNHAM INSTITUTE FOR MEDICAL RESEARCH (DISTRICT: 3)

OVERVIEW:The Burnham Institute for Medical Research (the “Institute”) is an independent nonprofit biomedical research institute located on Torrey Pines Research Mesa. The Institute submitted an application to the County of San Diego (the “County”) requesting that the County issue not to exceed $65 million of certificates of participation (the “Certificates”) on behalf of the Institute. The proceeds would be used to refund the 1999 tax-exempt certificates of participation issued by the County and to finance approximately $7 million in equipment and new capital improvements.

The actions being requested today include the approval of the financing for the purposes of satisfying the public approval required under Section 147(f) of the Internal Revenue Code, as well as the approval of the financing documents.

FISCAL IMPACT:If approved, this proposal will result in a one-time application fee of $1,500 and approximately $32,500 as an annual administrative fee. The actual amount of the annual fee is based on .05% of the annual principal amount outstanding. These monies will be deposited into the County’s Investor Relation Program as approved by the County Board of Supervisors in the County’s Debt Management Policy (B-65). No additional staff years will be required.

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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER AND DEBT ADVISORY COMMITTEE1. Pursuant to section 147 (f) of the Internal Revenue Code, hold a public hearing regarding

the financing of the project.

2. Adopt the resolution authorizing the issuance and sale of the not to exceed $65 million of certificates of participation by the County of San Diego on behalf of the Burnham Institute for Medical Research and the related financing documents.

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. 06-006 entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING THE ISSUANCE, EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT WITH A PRICE NOT TO EXCEED $65,000,000 (AND THE EXECUTION, DELIVERY AND SALE OF CERTIFICATES OF PARTICIPATION WITH RESPECT THERETO) AND CERTAIN OTHER FINANCING DOCUMENTS TO FINANCE AND REFINANCE THE ACQUISITION, CONSTRUCTION, REHABILITATION, REMODELING AND EQUIPPING OF CAPITAL PROJECTS WITH RESPECT TO CERTAIN RESEARCH FACILITIES OWNED AND OPERATED BY THE BURNHAM INSTITUTE FOR MEDICAL RESEARCH AND OTHER MATTERS RELATING THERETO.


13. SUBJECT: ORDERING AN ELECTION FOR PROPOSED CHARTER AMENDMENTS (DISTRICTS: ALL)

OVERVIEW:On January 24, 2006, your Board considered directing the Chief Administrative Officer and County Counsel (Agenda Item No. 10) to prepare the necessary documents to place proposed County Charter amendments on the June 6, 2006 ballot. An ordinance and two resolutions have been prepared for approval by the Board of Supervisors to include the proposed amendments on the June 2006 ballot.

FISCAL IMPACT:Funds for this request are budgeted. The funding source is the Registrar of Voters FY 05-06 budget. If approved, this request will result in $700,000 one-time cost in FY 05-06.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL1. Adopt the two Resolutions, which will place on the June 6, 2006 ballot the proposed

Charter amendments for the “Clean-Up” and the “Write-In” Candidate changes; and designate the “Clean-Up” measure as Proposition A, and the “Write-In” Candidate measure as Proposition B.

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2. Approve the introduction of the Ordinance (first reading), read title, and waive further reading of the Ordinance:

AN ORDINANCE CALLING A SPECIAL ELECTION AND ORDERING CONSOLIDATION WITH THE STATEWIDE PRIMARY ELECTION FOR THE PURPOSE OF SUBMITTING COUNTY CHARTER AMENDMENTS TO THE COUNTY VOTERS RELATING TO PROPOSED “CLEAN-UP“ AND “WRITE-IN” CANDIDATE REVISIONS TO THE CHARTER

Submit the Ordinance for further Board consideration and adoption (second reading) on February 28, 2006.

3. Authorize up to two (2) members of the Board to file a ballot argument (and any rebuttal) on behalf of the Board in support of the proposed amendments to the San Diego County Charter, and further authorize the designated Board member(s) to determine which other voters or associations may join in signing the argument/rebuttal.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board at the request of County Counsel continued recommendations 1 and 3 to February 28, 2006 and took action as recommended on recommendation 2, introducing Ordinance for further consideration and adoption on February 28, 2006, on Consent.


14. SUBJECT: 2006 LEGISLATIVE PROGRAM (DISTRICT: ALL)

OVERVIEW:This is a request for Board direction to the intergovernmental staff and the County’s Sacramento and Washington representatives regarding the Board’s 2006 Legislative Program.

FISCAL IMPACT:There is no fiscal impact associated with this item.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Authorize staff to pursue the legislative proposals summarized in 2006 Legislative

Sponsorship Program (Attachment A).

2. Authorize staff to support the proposals summarized in 2006 Legislative Program Support Proposals (Attachment B).

3. Authorize staff to pursue State legislative efforts as detailed in Priority State Issues – 2006 (Attachment C).

4. Authorize staff to pursue Federal legislative efforts as detailed in Priority Federal Issues – 2006 (Attachment D).

5. Continue the Legislative Policy Guidelines as adopted for 2005.

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15. 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.



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

OVERVIEW:This appointment is in accordance with applicable Board Policy A–74, Citizen Participation in County Boards, Commissions and Committees.

FISCAL IMPACT:N/A

RECOMMENDATION:CHAIRMAN HORN:Appoint Claudie D. Matlock to Seat No. 2 on the Hidden Meadows Sponsor Group for a term to expire January 8, 2007.

Appoint Jack D. Cox to Seat No. 7 on the Hidden Meadows Sponsor Group for a term to expire January 5, 2009.

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Appoint Terry A. Van Koughnett to fill Seat No. 14 on the Valley Center Planning Group for a term to expire January 8, 2007.

Appoint John Coulombe to Seat No. 4 on the Valley Center Planning Group for a term to expire January 8, 2007.

SUPERVISOR COX:Appoint Lynn Pankhurst to fill a Member-at-Large seat on the Aging and Independence Advisory Council for a term to expire January 5, 2009.

SUPERVISOR JACOB:Reappoint Jerry Hollingsworth to the Gillespie Field Development Council for a term to expire June 9, 2008.

Appoint Jim Easterling to fill Seat No. 4 on the Alpine Community Planning Group for a term to expire January 8, 2007.



17. SUBJECT: ADMINISTRATIVE ITEM:SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE DUTIES OF THE PUBLIC ADMINISTRATOR/PUBLIC GUARDIAN (DISTRICT: ALL)

OVERVIEW:On January 24, 2006 (9), the Board of Supervisors took action as recommended, introducing Ordinance for further Board consideration and adoption (second reading) on January 31, 2006.

The Office of the Public Administrator/Public Guardian plays a vital role in serving some of San Diego County’s most vulnerable citizens. Pursuant to State law, the Public Administrator investigates and administers the estates of persons who die with no will or without an appropriate person to act as an administrator. The Public Guardian serves as the legally appointed conservator for persons found by the Courts to be unable to take care of themselves. State law also permits the Public Administrator/Public Guardian to act as trustee in certain trust cases. Based on a review of the operations and mission of the Public Administrator/Public Guardian, staff recommends revising the County Administrative Code to more specifically describe and define the duties and responsibilities of the guardianship, estate and trust functions of the Office of the Public Administrator/Public Guardian. Approval of today’s recommended ordinance will accomplish this.

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RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERAdopt the following Ordinance:

AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE DUTIES OF THE PUBLIC ADMINISTRATOR/ PUBLIC GUARDIAN

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Ordinance No. 9754 (N.S.) entitled: AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE DUTIES OF THE PUBLIC ADMINISTRATOR/PUBLIC GUARDIAN.


18. SUBJECT: FEASIBILITY OF OBTAINING PARK LAND IN ALPINE (DISTRICT: 2)

OVERVIEW:The Community of Alpine has no shortage of first-class recreational organizations, but it does have a shortage of park land. Youth sports team enrollments are constantly on the rise, and it is increasingly difficult to find enough hours in a day or enough facilities in the area to accommodate the demand.

Today’s action will direct the Chief Administrative Officer to investigate the feasibility of obtaining a 40-acre parcel of land north of the Crown Hills community, a 10-acre parcel located on Tavern Road, and any other potential sites for active and/or passive park purposes in Alpine. This action will also direct the Chief Administrative Officer to explore ingress/egress and lighting issues on the 40-acre site, and seek funding opportunities for these and any other potential sites for park land acquisition purposes in Alpine. Today’s action will also direct the Chief Administrative Officer to investigate the feasibility of splitting off a small portion of either parcel for private use as well investigate possible maintenance and operation entities.

FISCAL IMPACT:There is no fiscal impact.

RECOMMENDATION:SUPERVISOR JACOB:1. The proposed projects are exempt from the California Environmental Quality Act

(CEQA) pursuant to CEQA Guidelines section 15262.

2. Direct the Chief Administrative Officer to investigate the feasibility of obtaining a 40-acre parcel of land north of the Crown Hills community, a 10-acre parcel located on Tavern Road, and any other potential sites for the development of active and/or passive parks in Alpine.

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3. Direct the Chief Administrative Officer to explore ingress/egress and lighting issues on the 40-acre parcel of land.

4. Direct the Chief Administrative Officer to seek funding opportunities for the acquisition of a 10-acre parcel of land located on Tavern Road as well as for any other future potential sites for park land acquisition purposes in Alpine.

5. Direct the Chief Administrative Officer to investigate the possibility of splitting off a small portion of either parcel for private use.

6. Direct the Chief Administrative Officer to investigate possible maintenance and operations entities for each parcel, as well as for any other potential park site in Alpine.



19. SUBJECT: GETTING THE WORD OUT ON UNIVERSAL WASTE (DISTRICT: ALL)

OVERVIEW:Most people do not realize that a fluorescent light bulb in a dumpster at work or an old digital alarm clock or batteries in the trash at home could be against the law. In fact, as of February 9, 2006 both of these are violations of California’s universal waste law and disposing of large quantities of them in this manner can result in large fines and in some instances, criminal prosecution. Fluorescent light bulbs, alarm clocks and batteries are examples of universal wastes that are regulated under California’s Universal Waste Rule.

As the local jurisdiction charged by the State with enforcing its universal waste laws, the County must work diligently to ensure that citizens are aware that the law has changed. In addition the County and the cities within the County need to expand their cooperative efforts directed toward other forms of household hazardous wastes to include universal wastes generated by households. Today’s action directs the Chief Administrative Officer to work with the cities in the county and the private sector to create a regional public outreach campaign to educate San Diego County residents on the methods to properly dispose of, or recycle, universal waste.

FISCAL IMPACT:Funds for this request are included in the Fiscal Year 2005-2007 Operational Plan. If approved, this action will result in the addition of no new staff years.

RECOMMENDATION:SUPERVISOR COX:1. Direct the Chief Administrative Officer to work with all cities administering household

hazardous waste programs in San Diego County and private industry to develop and implement a regional public outreach campaign educating San Diego County residents on the methods to properly dispose of or recycle previously exempt universal waste.

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2. Direct the Chief Administrative Officer to report back to the Board of Supervisors in 90 days on the status of the public outreach campaign.

3. Transfer $28,000 from the Community Projects budget (org 15650) to the Department of Environmental Health Org 44400, Account 52370 to support future Household Hazardous Waste collection events.

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


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

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

FISCAL IMPACT:The fiscal impact of the proposed recommendations is $28,500.00. These actions will result in the addition of no staff years and no future costs.

RECOMMENDATION:SUPERVISOR COX:1. Allocate $3,500 from the Community Projects budget (org 15650) to the African

American Music Foundation for brochures, printing costs and supplies for the Spirituals Festival 2006.

2. Allocate $10,000 from the Community Projects budget (org 15650) to Jewish Family Service of San Diego for the 2006 Children Are More Protected (CHAMP) Program.

3. Allocate $15,000 from the Community Projects budget (org 15650) to the San Diego County Office of Education for the San Pasqual Academy’s equipment and transportation costs for the 2006-2007 San Pasqual Academy athletics programs.

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

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



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21. SUBJECT: APPOINTMENT TO FILL THE VACANCY ON THE LOWER SWEETWATER FIRE PROTECTION DISTRICT BOARD OF DIRECTORS (DISTRICT: 1)

OVERVIEW:Two vacancies were recently created on the Lower Sweetwater Fire Protection District. One vacancy was created by the resignation of Doyle S. Morrison, effective November 21, 2005. The second vacancy was created by the death of Louise Callan on December 10, 2005. The remaining member of the Lower Sweetwater Fire Protection District board, pursuant to California Government Code Section 1780, has requested that the Board of Supervisors fill one of the vacancies. Once the appointment is made the Board of Directors will have a quorum and will be able to fill the remaining vacancy on its own. The purpose of this action is to make this appointment pursuant to the district’s request and California Government Code.

FISCAL IMPACT:There are no fiscal impacts associated with today’s action.

RECOMMENDATION:SUPERVISOR COX:Appoint Yolanda Escamilla to fill the vacancy created by the resignation of Doyle S. Morrison on the Lower Sweetwater Fire Protection District.



22. 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. The recommended action proposes 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 $203,500. 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:VICE CHAIRMAN ROBERTS:1. Find that the allocation to People for Trees and the Japanese Friendship Garden are

exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15303.

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2. Allocate $15,000 from the Community Projects Budget unit (0264) to People for Trees for tree plantings within the Fourth District.

3. Allocate $55,000 from the Community Projects Budget unit (0264) to Senior Community Centers to purchase a steam-jacketed kettle.

4. Allocate $5,000 from the Community Projects Budget unit (0264) to the Vietnamese Federation of San Diego to purchase computers, desks, and chairs.

5. Allocate $10,000 from the Community Projects Budget unit (0264) to the Century Club of San Diego to offset the cost of military appreciation activities.

6. Allocate $15,000 from the Community Projects Budget unit (0264) to the Fourth District Seniors Resource Center to purchase a public address system, audio and visual equipment, computers, a piano, and an organ.

7. Allocate $20,000 from the Community Projects Budget unit (0264) to La Maestra Community Health Centers to purchase dental equipment.

8. Allocate $25,000 from the Community Projects Budget unit (0264) to the San Diego Natural History Museum for the Fossil Mysteries Caracharocles megaladon display, a permanent exhibition.

9. Allocate $15,000 from the Community Projects Budget unit (0264) to the Japanese Friendship Garden to construct a donor wall.

10. Transfer $3,500 from the Community Projects Budget unit (0264) to Finance General Government Group the Clerk of the Board Project Org (19550), account number (52222) for historical painting restoration and framing in the County Administration Building.

11. Allocate $15,000 from the Community Projects Budget unit (0264) to the County Office of Education to purchase athletic equipment for the San Pasqual Academy 2006-2007 athletic programs.

12. Allocate $10,000 from the Community Projects Budget unit (0264) to the San Diego Sun Yet Sen Chinese School to purchase computers, printers, a copy machine, and audio/video equipment.

13. Allocate $15,000 from the Community Projects Budget unit (0264) to the Friends of the Malcolm X Library to purchase computers and software to help bridge the digital divide.

14. Authorize the Chief Financial Officer to execute a grant agreement with the organizations listed in Recommendations 2 through 9 and 11 through 13 establishing the terms for receipt of the funds described above.

15. Authorize Tecolote Youth Baseball to use the original September 20, 2005 (30) allocation of $20,000 to install artificial turf infields instead of installing lights and a new scoreboard.

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16. Authorize the Chief Financial Officer to amend the grant agreement between the County of San Diego and Tecolote Youth Baseball to reflect these changes.

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



23. SUBJECT: CLOSED SESSION

OVERVIEW:A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

(Subdivision (a) of Government Code section 54956.9)In Re Vallas; United States Bankruptcy Court, Southern District of California, No. 94-10345-MII

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)County of San Diego v. State of California, et al.; San Diego County Superior Court No. GIC 825109

C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)Marie de Villers v. County of San Diego, et al.; San Diego County Superior Court No. GIC 778123

D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)Sharp Healthcare, et al. v. County of San Diego, et al.; San Diego County Superior Court No. GIC 834455

E. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATIONInitiation of litigation pursuant to subdivision (c) of Government Code section 54956.9: (Number of Cases – 1)

F. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)Felie Taggart v. County; San Diego County Superior Court No. GIC 854247 / Valenzuela v. County of San Diego, et al.; San Diego County Superior Court No. GIC 859567

G. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATIONSignificant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: (Number of Potential Cases – 1)

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H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)County of San Diego v. State of California, et al.; United States District Court No. 06-cv-0130 WQH (JMA)

ACTION:Any reportable matters will be announced on Wednesday, February 1 2006, prior to the Board of Supervisors Planning and Land Use meeting.

24. SUBJECT: PRESENTATIONS/AWARDS

OVERVIEW:Vice-Chairman Ron Roberts presented a proclamation declaring the month of February 2006, Black History Month throughout the County of San Diego.

Supervisor Greg Cox presented a proclamation declaring today, former Chula Vista councilmember Patty Davis Day throughout the County of San Diego.

Supervisor Pam Slater-Price presented a proclamation declaring Friday, February 3, 2006, “Wear Red Day for Women” throughout the County of San Diego.

25. SUBJECT: PUBLIC COMMUNICATION

OVERVIEW:Tom Kelleher spoke to the Board concerning North County Transit Development.

Doris Cintron spoke to the Board concerning Section 8.

Rodolfo Reyes spoke to the Board concerning medical marijuana.

ACTION:Heard, referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 11:55 a.m. in memory of Coretta Scott King, Arthur Hamilton Marston, Jr., (Jessie) Jo Boswell, James Dyer, Wenetta Grybas Childs and Allison Jenine Kirkbride Dewart.

THOMAS J. PASTUSZKAClerk of the Board of Supervisors

County of San Diego, State of California

Consent: KelloggDiscussion: Hall

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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