STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING
TUESDAY, APRIL 6, 2004, 9:00 AM
Board of Supervisors North Chamber
1600 Pacific Highway, Room 310, San Diego, California
MORNING SESSION: - Meeting was called to order at 9:05 a.m.
Present: Supervisors Dianne Jacob, Chairwoman; Pam Slater-Price, Vice Chairwoman; Greg Cox; Ron Roberts; Bill Horn; also Thomas J. Pastuszka, Clerk.
Invocation led by Pastor Daren Pitcher of the Rancho Hills Community Church in El Cajon.
Pledge of Allegiance led by Ramona Pony Baseball League players Andy Schoepp, Kellie Schoepp, Ryan Greenwell, Austin Greenwell, Jason Snodgrass, and Matthew Snodgrass.
Approval of Statement of Proceedings/Minutes for Meetings of March 16, 2004 and March 23, 2004.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meetings of March 16, 2004 and March 23, 2004.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
Category / Agenda No. / Subject /Public Safety / 1. / NOTICED PUBLIC HEARING:
FIRE MITIGATION FEE REVIEW COMMITTEE ANNUAL REPORT AND INCREASE IN FIRE MITIGATION FEE
(CARRYOVER FROM 3/23/04, AGENDA NO. 6)
2. / CLEAR COMMUNICATIONS DURING A DISASTER
Community Services / 3. / AUTHORITY TO ESTABLISH JOB ORDER CONTRACT (JOC) CAPACITY FOR MAJOR MAINTENANCE PROJECTS
4. / SET HEARING FOR 5/4/04:
INTENTION TO SELL REAL PROPERTY – 9000 BLOCK, LOS COCHES ROAD, LAKESIDE – COUNTY PARCEL 2004-0027-A
(4 VOTES)
Financial & General Government / 5. / CHULA VISTA ELEMENTARY SCHOOL DISTRICT GENERAL OBLIGATION BONDS, SERIES F
6. / ADOPTION OF RESOLUTION ESTABLISHING COUNTY COUNSEL HOURLY RATES
Communications Received / 7. / COMMUNICATIONS RECEIVED
Appointments / 8. / ADMINISTRATIVE ITEM:
APPOINTMENTS
Financial & General Government / 9. / SEISMIC SAFETY BUILDING STANDARDS FOR HOSPITALS
10. / REQUEST FOR PROPOSAL FOR UNDERWRITER, FINANCIAL ADVISOR, AND ACTUARIAL SERVICES FOR THE PROPOSED ISSUANCE OF PENSION OBLIGATION BONDS
Closed Session / 11. / CLOSED SESSION
Financial & General Government / 12. / LOCAL COMMUNITY PROJECTS GRANTS
[FUNDING SOURCE: COMMUNITY PROJECTS BUDGET (ORG 0263)]
13. / ALLOCATION OF COMMUNITY PROJECTS FUNDS
Public Safety / 14. / THE SEXUAL PREDATOR PUNISHMENT AND MEGAN’S LAW EXPANSION ACT
Presentations/Awards / 15. / PRESENTATIONS/AWARDS
Public Communication / 16. / PUBLIC COMMUNICATION
4/6/04 15
1. / SUBJECT: / NOTICED PUBLIC HEARING:FIRE MITIGATION FEE REVIEW COMMITTEE ANNUAL REPORT AND INCREASE IN FIRE MITIGATION FEE (DISTRICT: 1, 2, 3, & 5)
(CARRYOVER FROM 3/23/04, AGENDA NO. 6)
OVERVIEW:
On March 23, 2004 (6), the Board of Supervisors continued the item to April 6, 2004.
On September 24, 1986 (4-8), the Board of Supervisors established the Fire Mitigation Fee Review Committee. This Committee is charged with annually evaluating the Fire Mitigation Fee Program and ensuring agency compliance with the Fire Mitigation Fee Ordinance. The Review Committee has completed its annual review on fee use during Fiscal Year 2002-2003, and presents its findings and recommendations to the Board of Supervisors.
FISCAL IMPACT:
This request will have no fiscal impact and will require no additional staff years.
BUSINESS IMPACT STATEMENT:
The impact to the construction industry is minimal. For example, the additional cost for a 2,000 square foot single-family house would be $20.00.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1. Approve the Report to the Board of Supervisors from the Fire Mitigation Fee Review Committee for Fiscal Year 2002-03.
2. Find that the Fiscal Year 2002-03 Fire Mitigation Fee Annual Reports for the twenty-six participating fire agencies are in conformance with the County Fire Mitigation Fee Ordinance.
3. Find that the ordinance amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15273 and adopt the findings in Attachment A pursuant to CEQA Guidelines section 15273(c).
4. Direct the Office of Emergency Services to work with the Fire District’s Association and the Fire Mitigation Fee Review Committee to conduct a Comprehensive Review of the Fire Mitigation Fee Structure and return to the Board this same time next year with findings and recommendations.
5. Approve the introduction of the Ordinance, (first reading), read title and waive further reading of the Ordinance:
AN ORDINANCE AMENDING SECTION 810.309 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO FIRE MITIGATION FEES
Submit the Ordinance for further Board consideration and adoption (second reading) on April 20, 2004.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors continued the Hearing and took action as recommended, on Consent, introducing Ordinance for further Board consideration and adoption on April 20, 2004, at 9:00 a.m.AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / CLEAR COMMUNICATIONS DURING A DISASTER (DISTRICT: ALL)
OVERVIEW:
On December 9, 2003 (6), at the request of Supervisor Jacob and Supervisor Slater, your Board directed the Chief Administrative Officer to evaluate the performance of the Regional Communications System (RCS) during the Cedar, Paradise and Otay fires, and report back to the Board with recommendations to address gaps in coverage, duration of busy signals, and interaction with other communication systems. The Chief Administrative Officer was also directed to: provide funding options for necessary enhancements to the RCS; consider using new technologies to improve the system; and to conduct a survey of current users of the RCS regarding system performance.
If approved by your Board, the actions recommended by this letter would receive the Report to the San Diego County Board of Supervisors on the Regional Communications System (Attachment A).
FISCAL IMPACT:
There is no fiscal impact from the action recommended by this board letter.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
Receive the Report to the San Diego County Board of Supervisors on the Regional Communications System (Attachment A).
ACTION:
Referring the item to Budget and directing the Chief Administrative Officer to explore possible funding options, including any available homeland security grant monies or other special kinds of legislation, ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board of Supervisors took action as recommended.AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / AUTHORITY TO ESTABLISH JOB ORDER CONTRACT (JOC) CAPACITY FOR MAJOR MAINTENANCE PROJECTS (DISTRICT: ALL)
OVERVIEW:
The Department of General Services (DGS) periodically requests authority to reestablish Job Order Contracting (JOC) capacity in order to execute approved major maintenance, repair, and remodeling projects.
This proposal will authorize the advertisement and award of up to $16.5 million in Job Order Contracting capacity to execute remaining FY 2003-04 projects and FY 2004-05 major maintenance program, including unanticipated and emergency work added by departments during the year. This JOC authority will cover only projects already budgeted within departments or approved separately by the Board of Supervisors.
FISCAL IMPACT:
There is no fiscal impact at this time; funds are budgeted at the project level upon award. No additional annual costs or additional staff years will be required as a result of this action.
BUSINESS IMPACT STATEMENT:
This action will provide job opportunities throughout San Diego County. JOC contractors provide jobs for small sub-contractors who may not have the insurance or bonding capabilities to bid directly for County of San Diego projects.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
- Find pursuant to Sections 15301, 15302, and 15303 of the California Environmental Quality Act (CEQA) Guidelines that the recommended action to authorize Job Order Contracting (JOC) will execute approved CIP projects involving only the repair, maintenance and replacement of existing facilities, and the construction and conversion of small structures and is, therefore, categorically exempt from CEQA.
- Authorize the Director of Purchasing and Contracting to take any action authorized by Section 401 (b) of the Administrative Code, with respect to contracting for public works projects for paving, concrete, flooring, painting, electrical, mechanical and general contracting.
- Designate the Director of General Services as the County Officer responsible for the administration of all contracts associated with Job Order Contracting.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent.AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. / SUBJECT: / SET HEARING FOR 5/4/04:
INTENTION TO SELL REAL PROPERTY – 9000 BLOCK, LOS COCHES ROAD, LAKESIDE – COUNTY PARCEL 2004-0027-A (DISTRICT: 2)
OVERVIEW:
The County of San Diego owns a 26,966 square-foot parcel in the 9000 block of Los Coches Road, in the community of Lakeside (Thomas Guide page 1132-C6), that was acquired in 1932 as a site to mine sand and gravel and is now considered to be excess to County needs. The Department of General Services is requesting that this property be declared surplus and be offered for sale to the highest bidder.
FISCAL IMPACT:
If approved, and if an all-cash sale is consummated, this request will result in approximately $80,000 in current revenue to the Department of Public Works Road Fund and no annual revenue. Alternatively, if a terms sale is consummated, this request will result in approximately $16,000 in current-year revenue, $5,760 in annual interest-payment revenue for a period of up to five years, and the pay-off of the principal balance of approximately $64,000 at the end of five years or less. There are no additional staff years associated with this request.
BUSINESS IMPACT STATEMENT:
A small amount of construction activity may result from the sale of this property.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
- Declare County Parcel 2004-0027-A surplus to County needs.
- Find that the proposed sale is not subject to the environmental assessment process as it is categorically exempt under Article 19, Section 15312 of the State of California Environmental Quality Act Guidelines, as it is a sale of surplus government property.
- Direct the Clerk of the Board to advertise the County’s Notice of Intention to Sell in accordance with Government Code Section 6063.
- Approve and adopt the attached Resolution of Intention to Sell Real Property and Notice Inviting Bids. (4 VOTES)
- On May 4, 2004, conduct the bid opening and approve the sale of County Parcel 2004-0027-A to the highest bidder.
- Authorize the Director, Department of General Services, to perform all necessary actions to complete the sale, including the execution of escrow instructions and a Grant Deed.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 04-50, entitled: RESOLUTION OF INTENTION TO SELL REAL PROPERTY AND NOTICE INVITING BIDS (DEFERRED PAYMENT TERMS), setting Hearing for May 4, 2004 at 9:00 a.m.AYES: Cox, Jacob, Slater-Price, Roberts, Horn
5. / SUBJECT: / CHULA VISTA ELEMENTARY SCHOOL DISTRICT GENERAL OBLIGATION BONDS, SERIES F (DISTRICT: 1)
OVERVIEW:
On November 3, 1998, an election was held in the Chula Vista Elementary School District, San Diego County, California (the “District”), whereby more than two-thirds of the voters casting ballots in the district approved the issuance of $95 million in general obligation bonds. 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 to issue the sixth series of such bonds in an aggregate principal amount of not to exceed $14,000,000, designated as “Chula Vista Elementary School District General Obligation Bonds, 1998 Election, Series E (the ”Bonds”). The District previously issued general obligation bonds Series A in the amount of $25,000,000 in March 1999, Series B in the amount of $10,000,000 in March 2000, Series C in the amount of $7,500,000 in March 2001, Series D in the amount of $10,500,000 in April 2002 and $12,000,000 in July 2003. After the issuance of the Bonds, the District will have $16,000,000 in authorized but unissued general obligation bonds.
FISCAL IMPACT:
These bonds are general obligations of the District to be paid from ad valorem property taxes and do not constitute an obligation of the County.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER AND DEBT ADVISORY COMMITTEE
Adopt the resolution authorizing the issuance and sale of the Chula Vista Elementary School District General Obligation Bonds, 1998 Election, Series F in the amount not to exceed $12 million.
ACTION:
Amending the recommendation to $14 million, ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 04-51, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS, SERIES F, OF THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT.AYES: Cox, Jacob, Slater-Price, Roberts, Horn
6. / SUBJECT: / ADOPTION OF RESOLUTION ESTABLISHING COUNTY COUNSEL HOURLY RATES (DISTRICTS: ALL)
OVERVIEW:
On June 18, 2002 (24) the Board of Supervisors adopted a resolution establishing incremental County Counsel rate increases through FY2005-06. The billable rate scheduled for FY2004-05 is set at $160 per attorney hour and $70 per paralegal hour. A recent full cost recovery study indicates that the billable rates are less than the full costs associated attorney resources. If approved, the proposed resolution would increase County Counsel rates to $190 per attorney hour / $90 per paralegal hour in FY 2004-2005 and $195 per attorney hour / $94 per paralegal hour in FY 2005-2006 The proposed rate increases are pursuant to Board of Supervisors Policy B-29, Department Responsibility for Cost Recovery.
FISCAL IMPACT:
This action produces revenue from billable clients. If approved, this request will result in no increases in current year costs, no annual cost and will not require the addition of staff years.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
Adopt a Resolution approving the hourly rates to be charged by County Counsel for attorney and paralegal services provided to billable County Counsel clients.
ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 04-52, entitled: RESOLUTION ESTABLISHING THE OFFICE OF COUNTY COUNSEL HOURLY RATES FOR LEGAL AND PARALEGAL SERVICES.AYES: Cox, Jacob, Slater-Price, Roberts, Horn
7. / 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.