STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING

TUESDAY, JUNE 17, 2003, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order at 9:05 a.m.

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

Invocation by Rabbi Rafael Goldstein.

Pledge of Allegiance to the Flag led by Hiram Sarabaki.

Category / Agenda No. / Subject
Land Use & Environment / 1. / CREATING CONSUMER AWARENESS ABOUT SCANNER ACCURACY
Community Services / 2. / BONITA-SUNNYSIDE LIBRARY AND MUSEUM
3. / CEDAR/KETTNER PROJECT – FUNDING AUTHORIZATION INCREASE FOR KEYSER MARSTON ASSOCIATES CONSULTATION CONTRACT
Public Safety / 4. / ACCEPTANCE OF DONATION FOR THE NORTH COUNTY COMMUNITY SERVICES ADULT EX-OFFENDER RE-ENTRY PROGRAM
5. / NOTICED PUBLIC HEARING:
CONSIDERATION OF AN ORDINANCE IMPOSING LIABILITY ON SOCIAL HOSTS WHO ALLOW MINORS TO OBTAIN, POSSESS, OR CONSUME ALCOHOLIC BEVERAGES AT PARTIES
6. / NOTICED PUBLIC HEARING:
CONSIDERATION OF AN ORDINANCE ADDING SECTION 365 TO THE SAN DIEGO COUNTY ADMINISTRATIVE CODE ESTABLISHING DISTRICT ATTORNEY FEES AND CHARGES
7. / DISTRICT ATTORNEY DOMESTIC VIOLENCE STALKING GRANT – SIXTH YEAR
[FUNDING SOURCE(S): THE GOVERNOR’S OFFICE OF CRIMINAL JUSTICE PLANNING ($138,812) AND A REQUIRED MATCH SUPPORTED BY PRIOR YEAR DISTRICT ATTORNEY FUND BALANCE ($46,271)]
8. / DISTRICT ATTORNEY – VICTIM SERVICES CONTRACTS WITH THE STATE OF CALIFORNIA VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD
9. / DISTRICT ATTORNEY REVENUE CONTRACT WITH UNITED STATES OFFICE OF PERSONNEL MANAGEMENT CONCERNING CRIMINAL HISTORY REQUESTS
[FUNDING SOURCE(S): UNITED STATES OFFICE OF PERSONNEL MANAGEMENT]
10. / MEMORANDUM OF UNDERSTANDING BETWEEN THE SUPERIOR COURT AND THE COUNTY OF SAN DIEGO REGARDING THE PROVISION OF SERVICES AND PAYMENT OF COSTS
11. / SHERIFF’S DEPARTMENT’S PROCUREMENT OF INMATE IDENTIFICATION WRISTBANDS
[FUNDING SOURCE(S): SHERIFF’S DEPARTMENT FY 2003/2005 PROPOSED OPERATIONAL PLAN]
12. / SHERIFF 800 MHZ REGIONAL COMMUNICATIONS SYSTEM (RCS) CUSTOMER AGENCIES AGREEMENTS; CITY OF DEL MAR, RCS COUNTY SERVICE AREA (CSA) 135 APPROPRIATIONS
(4 VOTES)
13. / PROBATION CASE MANAGEMENT SYSTEM SERVICE CONTRACT
[FUNDING SOURCE(S): GENERAL FUND]
Health & Human Services / 14. / BIOTERRORISM PREPAREDNESS TRAINING AND INFORMATION TECHNOLOGY PROJECT
15. / SENIOR SERVICES REVENUE AGREEMENTS FOR FISCAL YEAR 2003-2004
[FUNDING SOURCE(S): THE STATE GENERAL FUND ($817,947), TITLES III, VII OF THE OLDER AMERICANS ACT AND THE UNITED STATES DEPARTMENT OF AGRICULTURE ($8,362,976), TITLE V OF THE OLDER AMERICANS ACT ($629,637), TITLE XIX MEDICAID ($2,167,092), TITLE IIA CORPORATION FOR NATIONAL SERVICE ($122,777), AND THE CITY OF SAN DIEGO ($358,314)]
16. / RESOLUTION AND ORDINANCE FOR COUNTY OF SAN DIEGO IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY TO ACCESS DEPARTMENT OF JUSTICE CRIMINAL HISTORY INFORMATION
[FUNDING SOURCE(S): SOCIAL SERVICES REALIGNMENT ($66, 652) AND FEDERAL MATCH ($33,727)]
17. / HIV/AIDS-RELATED RYAN WHITE CARE ACT -- REVENUES AND SERVICES
(4 VOTES)
18. / PHARMACEUTICAL PURCHASING GROUP
[FUNDING SOURCE(S): REALIGNMENT AND SHORT DOYLE MEDI-CAL]
19. / PROCUREMENT OF PUBLIC HEALTH LABORATORY SUPPLIES
[FUNDING SOURCE(S): GENERAL PURPOSE REVENUE]
20. / MENTAL HEALTH SERVICES PERFORMANCE CONTRACT, AND STATE HOSPITAL BED PURCHASE AND USAGE AGREEMENT
[FUNDING SOURCE(S): MEDI-CAL, EPSDT, MAA/TCM MEDICAID, MENTAL HEALTH MANAGED CARE, STATE GRANTS, FEDERAL GRANTS, SB90, MINOR CONSENT, TOBACCO, REALIGNMENT, AND INSTITUTIONAL CARE HOSPITAL]
21. / ADVERTISING AND AWARD OF CONSTRUCTION CONTRACTS FOR FINAL ENHANCEMENT TO GYMNASIUM (KK2992) AND CONSTRUCTION OF THE HEALTH AND WELLNESS CENTER (KK3430) AT SAN PASQUAL ACADEMY
[FUNDING SOURCE(S): CAPITAL OUTLAY FUND IN CAPITAL PROJECT KK2992, SAN PASQUAL ACADEMY GYMNASIUM RENOVATION AND KK3430, HEALTH AND WELLNESS CENTER]
22. / CONFIRMATION OF APPOINTMENTS TO COMMUNITY ACTION BOARD
Financial & General Government / 23. / LOCAL COMMUNITY PROJECTS
24. / CHULA VISTA ELEMENTARY SCHOOL DISTRICT GENERAL OLBIGATION BONDS, SERIES E
25. / ALLOCATION OF COMMUNITY PROJECTS FUNDS
[FUNDING SOURCE(S): COMMUNITY PROJECT BUDGET (0265)]
Appointments / 26. / ADMINISTRATIVE ITEM
APPOINTMENT
Communications Received / 27. / COMMUNICATIONS RECEIVED
Closed Session / 28. / CLOSED SESSION (DISTRICT: ALL)
Financial & General Government / 29. / ALLOCATION OF COMMUNITY PROJECTS FUNDS
Public Safety / 30. / OUT OF COUNTRY BUSINESS
Community Services / 31. / REQUEST TO AWARD CONTRACTS FOR BOOK WHOLESALER AND LIBRARY AUTOMATION SYSTEM
(CARRYOVER FROM 6/10/03 ITEM NO. 10)
Public Safety / 32. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:
SHERIFF’S DEPARTMENT – SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO TO PROHIBIT SPECTATORS AT ILLEGAL SPEED CONTESTS
Financial & General Government / 33. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:
RATIFIED AGREEMENT - PUBLIC DEFENDER ASSOCIATION OF SAN DIEGO COUNTY (PDA) – PUBLIC DEFENDER (PD) AND PUBLIC DEFENDER MANAGEMENT (PM) BARGAINING UNITS
34. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:
RATIFIED AGREEMENT - DEPUTY DISTRICT ATTORNEYS’ ASSOCIATION (DDAA) – CHILD SUPPORT PROGRAM ATTORNEY UNIT (AS), CHILD SUPPORT PROGRAM ATTORNEY MANAGEMENT UNIT (AM), AND DISTRICT ATTORNEY UNIT (DA)
35. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:
AMENDMENTS TO THE COMPENSATION ORDINANCE AND CIVIL SERVICE RULES
Presentations/Awards / 36. / PRESENTATIONS/AWARDS
Public Communications / 37. / PUBLIC COMMUNICATIONS
Closed Session / 38. / OFF-DOCKET
CLOSED SESSION

6/17/031

1. / SUBJECT: / CREATING CONSUMER AWARENESS ABOUT SCANNER ACCURACY (DISTRICT: ALL)
OVERVIEW:
Recent projections by San Diego County’s Department of Agriculture, Weights, and Measures estimate that automated price scanner overcharges could be costing this region’s consumers in excess of $100 million annually.
This action proposes steps that will empower the consumer with information that will protect them from point of sale scanning errors and overcharges through a program designed to publicly identify those stores that fail scanner inspections and to also recognize those stores that do pass scanner inspections.
FISCAL IMPACT:
There is no fiscal impact as a result of this action.
RECOMMENDATION:
VICE CHAIRWOMAN JACOB:
1)Direct the Chief Administrative Officer to create a program to post, in each store with overcharges, a sign notifying the consumers of a failed scanner inspection.
2)Direct the Chief Administrative Officer to create a voluntary program to post, in each store showing no overcharges, a sign notifying the consumers of a positive scanner inspection.
3)Direct the Chief Administrative Officer to create a public notification program for consumers notifying them of their rights at every scanner location in the region.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors directed the Chief Administrative Officer to: 1) work with industry to create a program to post, in each store with overcharges, a sign notifying the consumers of a failed scanner inspection; 2) to work with industry to create a voluntary program to post, in each store showing no overcharges, a sign that would notify the consumers of a positive scanner inspection; 3) to work with industry to create a public notification program for consumers notifying them of their rights at every scanner location in the region; and 4) to return to the Board of Supervisors within 60 days with a proposal.
AYES: Cox, Jacob, Slater, Horn
NOES: Roberts
2. / SUBJECT: / BONITA-SUNNYSIDE LIBRARY AND MUSEUM
(DISTRICT: 1)
OVERVIEW:
On April 27, 1999 (21) the Board approved a Five-Year Library Facility Capital Improvement Plan that identified 12 priority projects for the replacement of out-dated library facilities. Although the Bonita-Sunnyside branch library was listed first on the priority list, the construction of a new library in Bonita-Sunnyside has yet to begin.
On December 3, 2002 (13) the Board approved entering into preliminary negotiations with the City of Chula Vista to determine the feasibility of constructing an 8,000 square foot County library with an additional 2,000 square foot community space for the community of Bonita-Sunnyside on a vacant City-owned parcel adjacent to the Chula Vista Golf Course.
On March 11, 2003 (5) the Board approved a Letter of Intent with the City of Chula Vista, providing the framework for a future ground lease agreement for the construction of a new County library to serve the Bonita-Sunnyside community and authorized the due diligence investigation, environmental assessment, and ground lease negotiation with the City of Chula Vista for the site and preliminary architectural design for the library project, which at that time did not include the relocation of the Bonita Museum and Cultural Center.
The construction of a Bonita-Sunnyside Library and community space offers the opportunity to relocate the existing Bonita Museum and Cultural Center, thereby providing a tremendous educational, cultural and community resource for the residents of Bonita-Sunnyside, in one central location.
Today’s action will authorize the Chief Administrative Officer to add the Bonita Museum and Cultural Center to the Bonita-Sunnyside Library Project, subject to review and approval by the Chula Vista City Council, and execute the necessary contracts to develop design and construction documents for the complete project. Today’s action also allocates $50,000 for the design of the new Bonita Museum and Cultural Center, extends the architectural contract for preparation of construction documents for the library, and provides $250,000, subject to a dollar-for-dollar match from community fundraising, as a challenge grant earmarked for the construction of the Museum.
FISCAL IMPACT:
The fiscal impact of the proposed recommendations is $300,000 from District 1 Community Projects Fund. This action will result in the addition of no staff years. Funds for preparation of the library construction documents are budgeted in KL9540 Bonita-Sunnyside Library. It is anticipated that the total cost of the construction of the new Bonita Museum and Cultural Center will exceed $500,000. Funds for the remaining costs associated with museum construction are intended to be allocated from District 1 Community Projects Fund in FY 03-04, subject to Board of Supervisors approval.
RECOMMENDATION:
CHAIRMAN COX:
  1. Direct the Chief Administrative Officer to add the design and development of a new facility to house the Bonita Museum and Cultural Center as part of the Bonita-Sunnyside Library Project, subject to review and approval by the Chula Vista City Council.
  2. Allocate $50,000 from Community Projects Budget (0261) to Contributions to Capital Outlay Fund (Operating Transfer Out) for the design of the new Bonita Museum and Cultural Center.
  3. Allocate $250,000 from Community Projects Budget (0261) to Capital Outlay Fund (Operating Transfer Out) earmarked for the construction of the new Bonita Museum and Cultural Center contingent upon verification of $250,000 in matching funds from the Bonita Historical Society.
  4. Establish appropriations of $300,000 in the Capital Outlay Fund for Capital Project KK3458, Bonita Historical Museum, based on an Operating Transfer from the General Fund.
  5. In accordance with Board Policy F-40, authorize the Director, Department of Purchasing and Contracting, to enter into negotiations to increase existing Contract Number 45648 in an amount not to exceed $50,000, for architectural design and related engineering of the Bonita Museum and Cultural Center.
  6. In accordance with Board Policy F-40, authorize the Director, Department of Purchasing and Contracting, to enter into negotiations to increase existing Contract Number 45648 in an amount not to exceed $288,000 for full professional services in the preparation of construction documents for the Bonita-Sunnyside Library.
  7. Direct the Chief Administrative Officer to designate a County Officer responsible for administering all awarded contracts.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
3. / SUBJECT: / CEDAR/KETTNER PROJECT – FUNDING AUTHORIZATION INCREASE FOR KEYSER MARSTON ASSOCIATES CONSULTATION CONTRACT (DISTRICT: 4)
OVERVIEW:
On December 10, 2002 (14), the Board selected Lambert Development, LLC as developer of the Cedar/Kettner site, and authorized the Clerk of the Board to execute an Exclusive Negotiation Agreement with Lambert. The Board also authorized and directed the Director of the Department of General Services to negotiate the business points of a Disposition and Development Agreement (DDA) and return to the Board with a tentative agreement, or alternatively, to report that negotiations were unsuccessful and recommend that the Board authorize negotiations with one of the other qualified developers.
General Services retained Keyser Marston Associates (KMA) to negotiate the DDA on behalf of the County due to the complexity of the transaction. Today's request would increase the sole-source contract authorization amount with KMA by $133,265for additional real estate consulting services that are needed to complete the Cedar/Kettner negotiations.
FISCAL IMPACT:
Funds for the Keyser Marston contract amendment are not included in the Fiscal Year 2002-2003 Operational Plan. Additional funds of $133,265 from Community Services Group Management Reserves are required to fund this proposal in the current year.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
  1. Find, in accordance with Section 15061(b) of the California Environmental Quality Act Guidelines, that the increase in sole-source contract authorization amount with Keyser Marston Associates is categorically exempt from the California Environmental Quality Act because it can be seen with certainty that this activity will not have a significant effect on the environment.
  1. In accordance with Board Policy A-87, Competitive Procurement, authorize the Director, Department of Purchasing and Contracting, to amend Contract No. 45609 with Keyser Marston Associates, Inc., real estate consultants, to add the provision of additional developer negotiation time, Board approval process advice, entitlement processing advice, disposition consultation, and independent consultant review of Lambert's proposed layout for County parking; and to amend the contract as required to reflect changes to services and funding allocations, subject to the approval of the Director, Department of General Services. Waive the advertising requirement of Board Policy A-87.
  1. Transfer appropriations of $133,265 from Community Services Group Management Reserves to Services & Supplies to fund the Cedar/Kettner project.
  1. Amend the General Services Facilities Management Internal Service Fund Spending Plan in the amount of $133,265 in Professional and Specialized Services based on charges in the Community Services Group Executive Office.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
4. / SUBJECT: / ACCEPTANCE OF DONATION FOR THE NORTH COUNTY COMMUNITY SERVICES ADULT EX-OFFENDER RE-ENTRY PROGRAM (DISTRICT 5)
OVERVIEW:
North County Community Services Adult Ex-Offender Re-Entry program has been in operation for approximately 15 years. NCCS conducts pre-release classes weekly at the Vista Detention Facility, and monthly at the Las Colinas detention facility. Participants are provided with valuable information to help them transition back into North County neighborhoods. Participants are encouraged to visit the NCCS office in Oceanside upon their release. At the NCCS facility in Oceanside, participants are provided with job search assistance, personal coaching and limited emergency assistance in the form of money orders for ID, clothing and food. Referrals to rehabilitation facilities are also made by NCCS. NCCS also provides information and moral support needed by these clients and their families to help them find solutions for rebuilding their lives.
FISCAL IMPACT:
If approved, these recommendations will result in the acceptance of $35,000 in unanticipated revenue from Warren J. Pederson.
RECOMMENDATION:
SUPERVISOR HORN:
1.Accept $35,000 of donor contributions from Warren J. Pederson.
2.Direct the CAO to establish an appropriate accounting mechanism for distribution of $35,000 to North County Community Services for their Ex-Offender Re-Entry Program, based on unanticipated revenue.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
5. / SUBJECT: / NOTICED PUBLIC HEARING:
CONSIDERATION OF AN ORDINANCE IMPOSING LIABILITY ON SOCIAL HOSTS WHO ALLOW MINORS TO OBTAIN, POSSESS, OR CONSUME ALCOHOLIC BEVERAGES AT PARTIES (DISTRICT: ALL)
OVERVIEW:
On May 6, 2003, your Board, at the recommendation of Vice Chairwoman Dianne Jacob and Chairman Greg Cox, directed the CAO to draft a social host ordinance. The resulting proposed ordinance imposes civil and criminal liability on adults who own or control a private residence or private premises and fail to properly supervise or stop minors from obtaining, possessing, or consuming alcoholic beverages. An adult who violates this ordinance would be guilty of a misdemeanor. Punishments could include a fine of up to one thousand dollars ($1,000), community service, and/or imprisonment in a county jail. The provisions of this ordinance will not apply to legally protected religious activities or gatherings of family members.
FISCAL IMPACT:
There is no fiscal impact associated with this recommendation, and no additional staff years will be required to implement this ordinance.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
Read title and waive further reading of the following ordinance:
AN ORDINANCE ADDING CHAPTER 15, COMMENCING WITH SECTION 32.1501, TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES IMPOSING LIABILITY ON SOCIAL HOSTS WHO ALLOW MINORS TO OBTAIN, POSSESS, OR CONSUME ALCOHOLIC BEVERAGES AT PARTIES
Submit the Ordinance for further Board consideration and adoption on July 8, 2003.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, introducing Ordinance for further Board consideration on July 8, 2003.
AYES: Cox, Jacob, Slater, Roberts, Horn
6. / SUBJECT: / NOTICED PUBLIC HEARING:
CONSIDERATION OF AN ORDINANCE ADDING SECTION 365 TO THE SAN DIEGO COUNTY ADMINISTRATIVE CODE ESTABLISHING DISTRICT ATTORNEY FEES AND CHARGES (DISTRICT: ALL)
OVERVIEW:
This is a request to adopt an ordinance establishing fees and charges imposed by the Office of the District Attorney. The proposed fee and cost schedule represents the costs incurred by the Office of the District Attorney in conducting a level one background investigation of attorneys who provide pro bono legal services under the supervision of the District Attorney's Office.
FISCAL IMPACT:
Funds for this request are not included in the Adopted Operational Plan for Fiscal Year 2002-2003. Approval of this request will increase current year revenue by $0 and annual revenues by $3,550. Additional staff years are not required.