County of San Diego Board of Supervisors s7

STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING TUESDAY, AUGUST 12, 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 Reverend Tessi Aoyama of the Buddhist Temple of San Diego.

Pledge of Allegiance to the Flag led by Tim Fennell, General Manager of the 22nd Agricultural Association.

Approval of Statement of Proceedings/Minutes for the Meeting of July 29, 2003.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meeting of July 29, 2003.

AYES: Cox, Jacob, Slater, Roberts, Horn

Board of Supervisors’ Agenda Items Community Services 1. SUBCOMMITEE REPORT ON RESPONSIBLE FUTURE DEVELOPMENT OF THE COUNTY ADMINISTRATION CENTER (CAC) WATERFRONT PARK AND CEDAR/KETTNER SITE

2. NOTICED PUBLIC HEARING: APPROVE DISPOSITION AND DEVELOPMENT AGREEMENT WITH LAMBERT DEVELOPMENT, LLC AND ASSOCIATED ACTIONS (4 VOTES)

3. SET HEARING FOR 9/16/03 RAMONA INTERGENERATIONAL COMMUNITY CAMPUS – ACQUISITION OF ASSESSOR PARCEL NUMBERS 281-191-04, 05, 06; 281-182-06, 12, 13

8/12/03 1 4. SET HEARING FOR 3/16/04 PUBLIC HEARING ON FY04-05 STRATEGY FOR COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, EMERGENCY SHELTER GRANT, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS [FUNDING SOURCE(S): COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, EMERGENCY SHELTER GRANT, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAMS]

5. CALHOME FIRST-TIME HOMEBUYERS GRANT APPLICATION [FUNDING SOURCE(S): CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CALHOME PROGRAM]

Health & Human 6. DESIGNATION OF SCRIPPS MERCY HOSPITAL AS Services LEVEL I TRAUMA CENTER

Public Safety 7. NEGOTIATED PROCUREMENT OF SERVICES FOR PRINT/MAIL AND WEB PAYMENT PROCESSING FOR THE DEPARTMENT OF CHILD SUPPORT SERVICES [FUNDING SOURCE(S): FEDERAL AND STATE CHILD SUPPORT REVENUE]

Financial & General 8. ALLOCATION OF COMMUNITY PROJECTS FUNDS Government [FUNDING SOURCE(S): COMMUNITY PROJECT BUDGET (0265)]

9. CHAPTER VIII AGREEMENT TO PURCHASE TAX DEFAULTED LAND #6981 STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION

10. CHAPTER VIII AGREEMENT TO PURCHASE TAX DEFAULTED LAND #6989 CITY OF POWAY

11. CHAPTER VIII AGREEMENT TO PURCHASE TAX DEFAULTED LAND #6991 STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION

8/12/03 2 12. CHAPTER VIII AGREEMENT TO PURCHASE TAX DEFAULTED LAND #6992 COUNTY OF SAN DIEGO, DEPARTMENT OF PUBLIC WORKS

13. CHAPTER VIII AGREEMENT TO PURCHASE TAX DEFAULTED LAND #6995 COUNTY OF SAN DIEGO, DEPARTMENT OF PARKS & RECREATION

14. FIXING COUNTY SCHOOL DISTRICT AND SPECIAL DISTRICT TAX RATES AND LEVYING TAXES FOR FISCAL YEAR 2003/04

Communications 15. COMMUNICATIONS RECEIVED Received

Appointments 16. ADMINISTRATIVE ITEM: APPOINTMENTS

Closed Session 17. CLOSED SESSION

Financial & General 18. LOCAL COMMUNITY PROJECTS: SUPPORT FOR Government CALIFORNIA COASTAL CLEANUP DAY

19. LOCAL COMMUNITY PROJECTS GRANTS [FUNDING SOURCE(S): COMMUNITY PROJECT BUDGET (0263)]

Presentation/Awards 20. PRESENTATIONS/AWARDS

Public Communications 21. PUBLIC COMMUNICATIONS

Off Docket: 22. OFF DOCKET Closed Session CLOSED SESSION

8/12/03 3 1. SUBJECT: SUBCOMMITEE REPORT ON RESPONSIBLE FUTURE DEVELOPMENT OF THE COUNTY ADMINISTRATION CENTER (CAC) WATERFRONT PARK AND CEDAR/KETTNER SITE (DISTRICTS: ALL)

OVERVIEW: On May 9, 2000 (20) our Board began exploring the possibility of converting the County Administration Center (CAC) parking lots into a waterfront park. This update includes timely policy recommendations from our committee. In light of the current State budget deficit and in recognition of escalating development costs, today’s recommendations provide an alternative to the Lambert Development, LLC (Lambert) development agreement for the Cedar/Kettner site. These recommendations will allow the County to maintain a timeline that provides for more flexibility given recent budget constraints and ensure the ultimate transformation of the CAC parking lots into an unparalleled waterfront park for present and future residents of San Diego.

FISCAL IMPACT: Funding has already been allocated for the design phase of the CAC Waterfront Park in the 2003-2004 Operational Plan. The estimated costs for Cedar/Kettner consulting, design and project management costs total $1,300,000.

RECOMMENDATION: CHAIRMAN COX AND SUPERVISOR ROBERTS: 1. Receive the staff report on the County Administration Center (CAC) Waterfront Park and Cedar/Kettner site.

2. Direct the Chief Administrative Officer (CAO) to terminate for convenience the Exclusive Negotiation Agreement (ENA) with Lambert for the private development of the County-owned Cedar/Kettner property

3. Authorize the CAO to approve and sign an Agreement with Lambert which provides that the County will return Lambert’s deposit in full in recognition that both parties, County and Lambert, agree to the mutual acceptance of and consent to: (a) the termination of the ENA and (b) the fact that both parties engaged in good faith negotiations in full compliance with all contract provisions and any applicable law.

4. Find, in accordance with Section 15061(b)(3) of California Environmental Quality Act (CEQA) Guidelines, the following action is exempt from provisions of CEQA because it can be seen with certainty there is no possibility this activity may have significant effect on the environment.

5. Direct the CAO, in accordance with Board Policy F-40, to issue a Request for Statement of Qualifications, to select a qualified consultant from respondent firms, and to negotiate a contract for as-needed consulting and design services to assist the County to develop a combined County parking structure and replacement office building for the Health and Human Services Askew building on the County-owned Cedar/Kettner property.

8/12/03 1 6. Establish a capital project, and transfer appropriations of $1,300,000 from Finance and General Government Reserves to the Capital Outlay Fund for planning and design through completion of final construction documents.

7. Direct the CAO, in accordance with Section 401 et seq of the County Administrative Code, to award and amend a contract for as-needed consulting and design services to develop a combined County parking structure and replacement office building for the Health and Human Services Askew building on the County-owned Cedar/Kettner property for compensation not to exceed $1,300,000.

8. Direct the CAO to return to the Board in 240 days or less with a new design for a combined County parking structure and replacement office building for the Askew building, and a plan for the financing of all related costs.

ACTION: Agenda Items 1 and 2 were heard concurrently. (See also Agenda Item 2 on this day) ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors took action as recommended on Agenda Item 1 Recommendations of Chairman Cox and Supervisor Roberts; and closed the Hearing not accepting the Chief Administrative Officer Recommendations on Agenda Item 2.

AYES: Cox, Jacob, Slater, Roberts, Horn

2. SUBJECT: NOTICED PUBLIC HEARING: APPROVE DISPOSITION AND DEVELOPMENT AGREEMENT WITH LAMBERT DEVELOPMENT, LLC AND ASSOCIATED ACTIONS (DISTRICTS: 1 & 4)

OVERVIEW: On December 10, 2002 (14), the Board approved the selection of Lambert Development, LLC ("Lambert") for exclusive negotiations with the County to develop the Cedar/Kettner property in downtown San Diego. Negotiation of a Disposition and Development Agreement (DDA) with Lambert has been concluded. Terms of the agreement with Lambert are presented herein. Lambert will build a 167-unit condominium complex on the property and will provide the County with a 662 space parking garage for a County cost of $14,658,186 which is the net cost to the County after sale of the Cedar/Kettner land to Lambert.

The Board is requested to 1) approve a Disposition and Development Agreement with Lambert Development, LLC; 2) make an appropriate finding under the California Environmental Quality Act; 3) receive and consider information on the cost of the other parts of the Waterfront Park Project; 4) authorize staff to solicit proposals from qualified parking garage operators, and if negotiations are successful, award a parking garage management contract; and 5) approve conceptual drawings for the Cedar/Kettner Project.

8/12/03 2 FISCAL IMPACT: Approval of the Lambert DDA will obligate the County to a one-time cost of $14,658,186; the Chief Financial Officer will return to the Board within 60 days with a plan for financing this cost. The County currently receives annual net rental revenue from a first floor tenant in the Star Building of $13,800. When the ownership of the land and the Star Building transfers to the developer in March 2004 the rental income will cease and there will be an annual cost to the County of $125,652 for rent of floors two and three. The parking management services contract will be both a service and revenue contract, as a portion of the garage will be available for public (revenue) parking during business hours and the entire garage will be available for revenue parking evening and weekends. A preliminary analysis of garage operating expenses and revenues from the public’s use of the garage was prepared by a local parking garage operator and this study indicated that net revenues of $80,000 will be realized after payment of operating expenses. In addition, there is an estimated annual property tax increment payment to the County of $36,100 upon completion of the project. The recommended actions require the addition of no staff years.

BUSINESS IMPACT STATEMENT: If the Board approves the proposed DDA with Lambert and the garage project is built, approximately 305 direct construction jobs will be supported during the two-year construction period according to Keyser Marston Associates, Inc. Also, opportunities for the public to park at the County garage during non-business hours may enhance commerce in the Little Italy District.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that, based on environmental analysis contained in the Initial Study prepared for the Cedar/Kettner project, the proposed action will not have any significant effect on the environment other than as identified in the Master Environmental Impact Report (MEIR) for the Centre City Community Plan, certified and adopted by the City of San Diego Redevelopment Agency and the San Diego City Council on April 28, 1992 by Resolution Nos. 2081 and 279875 respectively. A Supplemental Environmental Impact Report (SEIR) was certified by the City of San Diego Redevelopment Agency and the San Diego City Council on October 26, 1999, and there is no additional information or data available regarding environmental impacts identified in the MEIR/SEIR. Therefore, a negative declaration, subsequent environmental impact report, supplement to environmental impact report, or an addendum to environmental impact report will not be required for the Cedar/Kettner project and will not be prepared, in accordance with Section 15180 (a) of the California Environmental Quality Act Guidelines (CEQA).

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

8/12/03 3 AN ORDINANCE AUTHORIZING A CONTRACT AGREEMENT FOR THE DISPOSITION AND DEVELOPMENT OF COUNTY OWNED PROPERTY BOUNDED BY KETTNER BOULEVARD, CEDAR STREET, BEECH STREET AND CALIFORNIA STREET (RAILROAD RIGHT OF WAY) IN SAN DIEGO

3. Authorize the Clerk of the Board of Supervisors to execute five copies of a Disposition and Development Agreement, with Lambert Development, LLC thirty (30) days after adoption of the Ordinance.

4. Approve Cedar/Kettner Project conceptual drawings detailed in Attachment 10 to the DDA.

5. In accordance with Section 401, Article XXIII of the County Administrative Code, authorize the Director of the Department of Purchasing and Contracting to issue a competitive solicitation to parking operators for providing parking management and advisory services for the Cedar/Kettner Parking Garage, and upon successful negotiations and determination of a fair and reasonable price, award a contract for a term of five years, with one five year option and up to an additional six months if needed, and to amend the contract as needed to reflect changes to services and funding, subject to approval of the Director of the Department of General Services.

6. Authorize the Director, Department of General Services, to sign all attachments to the DDA and to perform all other necessary actions to complete the transaction, including specifically, all actions and signatures related to the closing of the Cedar/Kettner property sale (County Parcel No. 2003-0113-A) to Lambert Development LLC and the lease and sublease documents relative to the Star Building.

7. Direct the Chief Financial Officer to develop a financing plan for the Cedar/Kettner Parking Garage project and return to the Board within 60 days.

ACTION: Agenda Items 1 and 2 were heard concurrently. (See also Agenda Item 1 on this day) ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors took action as recommended on Agenda Item 1, Recommendations of Chairman Cox and Supervisor Roberts; and closed the Hearing, not accepting the Chief Administrative Officer Recommendations on Agenda Item 2.

AYES: Cox, Jacob, Slater, Roberts, Horn

8/12/03 4 3. SUBJECT: SET HEARING FOR 9/16/03 RAMONA INTERGENERATIONAL COMMUNITY CAMPUS – ACQUISITION OF ASSESSOR PARCEL NUMBERS 281-191- 04, 05, 06; 281-182-06, 12, 13 (DISTRICT: 2)

OVERVIEW: On May 15, 2001 (10), as recommended by Supervisor Jacob, the Board directed staff to work with the Ramona Intergenerational Community Campus Steering Committee to identify sites to accommodate a new library and a senior center as well as future facilities. On October 16, 2001 (23) the Board authorized staff to enter into negotiations with owners of the preferred site.

On June 18, 2002 (28) the Board approved an Option Agreement, Purchase and Sale Agreement and Joint Escrow Instructions with the Hartjen Family 1983 Trust for a 6.78- acre property located on the north side of the intersection of 12th Street and Main Street in Ramona, California (Thomas Brothers 1152 G6). The Board is requested to set a hearing date for September 16, 2003, to consider exercising the option to purchase.

FISCAL IMPACT: There is no fiscal impact associated with this request to publish the Notice of Intention to Purchase and set a hearing to consider exercising the option. Should the Board exercise the option on September 16, 2003 and complete the purchase of the property, a current year cost of $2,575,000 will result. Funds are budgeted in KA2987 - Ramona Intergenerational Community Campus Project. This request will result in the addition of no staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Direct the Clerk of the Board of Supervisors to publish the required Notice of Intention to Purchase in accordance with Government Code Sections 25350 and 6063.

2. Set this matter for September 16, 2003, at which time the Board of Supervisors may exercise the option to purchase as outlined in the Option Agreement, Purchase and Sale Agreement and Joint Escrow Instructions dated June 18, 2002, from the Hartjen Family 1983 Trust.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, setting Hearing for September 16, 2003 at 9:00 a.m.

AYES: Cox, Jacob, Slater, Roberts, Horn

8/12/03 5 4. SUBJECT: SET HEARING FOR 3/16/04 PUBLIC HEARING ON FY04-05 STRATEGY FOR COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, EMERGENCY SHELTER GRANT, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS (DISTRICT: ALL)

OVERVIEW: This action will approve the proposed 2004-2005 Annual Funding Plan Strategy which provides broad direction for the use of FY 2004-2005 Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant and Housing Opportunities for Persons with AIDS Program funds. A time-certain public hearing for consideration of the 2004-2005 Draft Annual Funding Plan is scheduled for March 16, 2004. These federal programs provide funds for public infrastructure, revitalization of lower income communities, and development of affordable housing for low income residents and persons with special needs. The funds also serve children and families in need of emergency shelter and persons with HIV/AIDS. The Board of Supervisors’ approval of the attached 2004-2005 Annual Funding Plan Strategy will guide staff in development of the Annual Funding Plan and is the first major step in the FY 2004- 2005 Annual Funding Plan schedule.

FISCAL IMPACT: Funds for this request will be included in the Housing and Community Development 2004-2005 Multi-year Projects Budget. The funding sources are Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS Programs. If approved, this request will result in no current year cost, no annual cost and will require the addition of no staff years.

BUSINESS IMPACT STATEMENT: The request will have a positive impact on the business community, as the recommended Strategy will guide the development of the 2004-2005 Annual Funding Plan, including funds for construction of housing and public improvements. The funded projects will be implemented by private construction firms selected through a competitive bid process.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Hold a public hearing to consider the 2004-2005 Annual Funding Plan Strategy which provides broad direction for the use of FY 2004-2005 Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with AIDS Program funds.

2. Approve the proposed 2004-2005 Annual Funding Plan Strategy.

8/12/03 6 3. Direct staff to prepare, and return to the Board, a Proposed 2004-2005 Draft Annual Funding Plan for the Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant and Housing Opportunities for Persons with AIDS Programs.

4. Set a Board of Supervisors time-certain public hearing on March 16, 2004, for consideration of the 2004-2005 Draft Annual Funding Plan for use of Community Development Block Grant, HOME Investment Partnerships, Emergency Shelter Grant and Housing Opportunities for Persons with AIDS Program funds.

5. Authorize the Clerk of the Board of Supervisors to adjust this hearing date, if required, to comply with the Year 2004 Board of Supervisors meeting schedule.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, setting Hearing for March 16, 2004, at 9:00 a.m.

AYES: Cox, Jacob, Slater, Roberts, Horn

5. SUBJECT: CALHOME FIRST-TIME HOMEBUYERS GRANT APPLICATION (DISTRICT: ALL)

OVERVIEW: The California Department of Housing and Community Development has issued a Notice of Funding Availability (NOFA) for approximately $25 million, which is provided by the passage of Proposition 46, the Housing and Emergency Shelter Trust Fund Act of 2002. This NOFA will provide funding to local public agencies and nonprofit agencies for homeownership assistance program activities under the CalHome Program.

The recommendation below requests that the Board of Supervisors adopt a resolution authorizing and approving the submission of a County grant application in the amount of $1,000,000 to the California Department of Housing and Community Development to fund First-Time Home Buyer Assistance activities under the CalHome Program.

If approved, the $1,000,000 in State grant funds will be used to leverage the HOME Partnership Investment funds provided by the U.S. Department of Housing and Urban Development to the County for its Down Payment and Closing Costs Assistance programs. The State's grant funds will be used by the County to provide additional deferred repayment loans to first-time home homebuyers for down payment and closing costs assistance.

FISCAL IMPACT: Funds for the CalHome Program are not budgeted. If approved, the funding source will be the California Department of Housing and Community Development CalHome

8/12/03 7 Program. If approved by the Board, this request may result in up to $1,000,000 in current year cost, fully offset by State grant revenue.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt the attached resolution approving and authorizing the submittal of a grant application to the California Department of Housing and Community Development for funding in the amount of $1,000,000 under the CalHome Program.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-195, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM.

AYES: Cox, Jacob, Slater, Roberts, Horn

6. SUBJECT: DESIGNATION OF SCRIPPS MERCY HOSPITAL AS LEVEL I TRAUMA CENTER (DISTRICT: 4)

OVERVIEW: Section 1798.165 of the Health and Safety Code authorizes the local emergency medical services agency to designate trauma facilities as part of its trauma care system. On December 4, 1984 (97-100) and June 5, 1984 (49-54), in accordance with the County of San Diego Trauma Management Plan, the Board approved the designation of Scripps Mercy Hospital and other hospitals as Trauma Centers. Today San Diego County has one Level I Trauma Center (UCSD Medical Center), four Level II Trauma Centers (Scripps Mercy Hospital, Scripps Memorial Hospital La Jolla, Sharp Memorial Hospital and Palomar Medical Center), and one pediatric Level II Trauma Center (Children’s Hospital and Health Center). Board approval is requested to upgrade the designation of Scripps Mercy Hospital and Medical Center to a Level I Trauma Center.

FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Designate Scripps Mercy Hospital as a Level I Trauma Center in accordance with the County of San Diego Trauma System Plan.

2. Approve and authorize the Clerk of the Board to amend the agreement with Scripps Mercy Hospital upgrading its designation to Level I Trauma Center for the period August 12, 2003 through February 28, 2005 with one three-year option through February 28, 2008.

ACTION: 8/12/03 8 ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

7. SUBJECT: NEGOTIATED PROCUREMENT OF SERVICES FOR PRINT/MAIL AND WEB PAYMENT PROCESSING FOR THE DEPARTMENT OF CHILD SUPPORT SERVICES (DISTRICT: ALL)

OVERVIEW: The County of San Diego Department of Child Support Services (DCSS) administers the federal and state Title IV-D Child Support Program. DCSS promotes the well being of children and the self-sufficiency of families by providing child support assistance efficiently, effectively and professionally. By establishing and enforcing child support orders, DCSS fosters a sense of parental responsibility that enhances the lives of San Diego County children. This is a request for approval to release a competitive solicitation to procure services to print and mail DCSS billing statements and provide a web-based (E-Pay) child support payment system.

FISCAL IMPACT: Funds for this request are budgeted. The cost for this proposal will not exceed $340,000. The funding sources are federal and state child support revenue. This request will not require additional staff.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER In accordance with Section 401, Article XXIII of the County Administrative Code authorize the Director, Department of Purchasing and Contracting to issue a competitive solicitation for printing and mailing of DCSS billing statements, and providing a web- based (E-Pay) child support payment system, and upon successful negotiations and determination of a fair and reasonable price, award a contract(s) for a term of three (3) years, with two (2) option years and up to an additional six months if needed.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

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

OVERVIEW: Reinvesting taxpayer’s money into projects and organizations that provide worthwhile

8/12/03 9 services for the benefit or our citizens is essential to the well being of the Fifth District and North County.

FISCAL IMPACT: The cost of the proposed recommendation totals $10,000.00 The funding source is Community Project budget (0265). This action will result in the addition of no staff years and no future costs.

RECOMMENDATION: SUPERVISOR HORN: 1. Allocate $5,000.00 from Community Projects Budget (0265) to the Oceanside Women’s Resource Center to complete the refurbishing of the “Safe House Project”.

2. Allocate $5,000.00 from Community Projects Budget (0265) to “So Kids Can Dream” for the printing of the 2004 Directory.

3. Authorize the Chief Financial Officer to execute grant agreements with these organizations establishing terms for receipt of the funds described above.

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

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

9. SUBJECT: CHAPTER VIII AGREEMENT TO PURCHASE TAX DEFAULTED LAND #6981 STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION (DISTRICT: 2 & 5)

OVERVIEW: The State of California, Department of Parks and Recreation has offered to purchase six (6) parcels of tax defaulted land to be used for public purposes. In accordance with Chapter VIII of the California Revenue and Taxation Code, we have prepared the proposed agreement for your approval.

FISCAL IMPACT: If approved, this request will result in no current year or annual cost. Proceeds from the parcels sold will be used to redeem the delinquent taxes, current year taxes, costs and fees. Any funds remaining after satisfaction of all taxes, fees and costs of sale will be retained in the delinquent tax sale trust fund for a period of one year following the recordation of the tax deed to the purchaser of the property. During that period, any party of interest in the property at the time of the sale may apply for the proceeds by submitting a claim. Unclaimed excess proceeds shall be escheated into the County’s General Fund.

8/12/03 10 RECOMMENDATION: TREASURER-TAX COLLECTOR Adopt the Resolution approving the sale by Agreement No. 6981 of six (6) parcels of land, subject to the Tax Collector’s Power to Sell for Defaulted Taxes to the State of California, Department of Parks and Recreation, and authorizing execution of said Agreements (2 copies) by the Chairperson, attested by the Clerk of the Board of Supervisors.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-196, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PROPOSED CHAPTER VIII AGREEMENT SALE OF TAX- DEFAULTED PROPERTY.

AYES: Cox, Jacob, Slater, Roberts, Horn

10. SUBJECT: CHAPTER VIII AGREEMENT TO PURCHASE TAX DEFAULTED LAND #6989 CITY OF POWAY (DISTRICT: 2)

OVERVIEW: The City of Poway has offered to purchase one (1) parcel of tax defaulted land to be used for public purposes. In accordance with Chapter VIII of the California Revenue and Taxation Code, we have prepared the proposed agreement for your approval.

FISCAL IMPACT: If approved, this request will result in no current year or annual cost. Proceeds from the parcel sold will be used to redeem the delinquent taxes, current year taxes, costs and fees. Any funds remaining after satisfaction of all taxes, fees and costs of sale will be retained in the delinquent tax sale trust fund for a period of one year following the recordation of the tax deed to the purchaser of the property. During that period, any party of interest in the property at the time of the sale may apply for the proceeds by submitting a claim. Unclaimed excess proceeds shall be escheated into the County’s General Fund.

RECOMMENDATION: TREASURER-TAX COLLECTOR Adopt the Resolution approving the sale by Agreement No. 6989 of one (1) parcel of land, subject to the Tax Collector’s Power to Sell for Defaulted Taxes to the City of Poway, and authorizing execution of said Agreements (2 copies) by the Chairperson, attested by the Clerk of the Board of Supervisors.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-197,

8/12/03 11 entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PROPOSED CHAPTER VIII AGREEMENT SALE OF TAX- DEFAULTED PROPERTY.

AYES: Cox, Jacob, Slater, Roberts, Horn

11. SUBJECT: CHAPTER VIII AGREEMENT TO PURCHASE TAX DEFAULTED LAND #6991 STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION (DISTRICT: 2 & 5)

OVERVIEW: The State of California, Department of Parks and Recreation has offered to purchase nine (9) parcels of tax defaulted land to be used for public purposes. In accordance with Chapter VIII of the California Revenue and Taxation Code, we have prepared the proposed agreement for your approval.

RECOMMENDATION: TREASURER-TAX COLLECTOR Adopt the Resolution approving the sale by Agreement No. 6991 of nine (9) parcels of land, subject to the Tax Collector’s Power to Sell for Defaulted Taxes to the State of California, Department of Parks and Recreation, and authorizing execution of said Agreements (2 copies) by the Chairperson, attested by the Clerk of the Board of Supervisors.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-198, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PROPOSED CHAPTER VIII AGREEMENT SALE OF TAX- DEFAULTED PROPERTY.

AYES: Cox, Jacob, Slater, Roberts, Horn

12. SUBJECT: CHAPTER VIII AGREEMENT TO PURCHASE TAX

8/12/03 12 DEFAULTED LAND #6992 COUNTY OF SAN DIEGO, DEPARTMENT OF PUBLIC WORKS (DISTRICT: 2)

OVERVIEW: The County of San Diego, Department of Public Works has offered to purchase two (2) parcels of tax defaulted land to be used for public purposes. In accordance with Chapter VIII of the California Revenue and Taxation Code, we have prepared the proposed agreement for your approval.

RECOMMENDATION: TREASURER-TAX COLLECTOR Adopt the Resolution approving the sale by Agreement No. 6992 of two (2) parcels of land, subject to the Tax Collector’s Power to Sell for Defaulted Taxes to the County of San Diego, Department of Public Works, and authorizing execution of said Agreements (2 copies) by the Chairperson, attested by the Clerk of the Board of Supervisors.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-199, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PROPOSED CHAPTER VIII AGREEMENT SALE OF TAX- DEFAULTED PROPERTY.

AYES: Cox, Jacob, Slater, Roberts, Horn

13. SUBJECT: CHAPTER VIII AGREEMENT TO PURCHASE TAX DEFAULTED LAND #6995 COUNTY OF SAN DIEGO, DEPARTMENT OF PARKS & RECREATION (DISTRICT: 2)

OVERVIEW: The County of San Diego, Department of Parks & Recreation has offered to purchase two (2) parcels of tax defaulted land to be used for public purposes. In accordance with Chapter VIII of the California Revenue and Taxation Code, we have prepared the proposed agreement for your approval.

FISCAL IMPACT:

8/12/03 13 If approved, this request will result in no current year or annual cost. Proceeds from the parcels sold will be used to redeem the delinquent taxes, current year taxes, costs and fees. Any funds remaining after satisfaction of all taxes, fees and costs of sale will be retained in the delinquent tax sale trust fund for a period of one year following the recordation of the tax deed to the purchaser of the property. During that period, any party of interest in the property at the time of the sale may apply for the proceeds by submitting a claim. Unclaimed excess proceeds shall be escheated into the County’s General Fund.

RECOMMENDATION: TREASURER-TAX COLLECTOR Adopt the Resolution approving the sale by Agreement No. 6995 of two (2) parcels of land, subject to the Tax Collector’s Power to Sell for Defaulted Taxes to the County of San Diego, Department of Parks & Recreation, and authorizing execution of said Agreements (2 copies) by the Chairperson, attested by the Clerk of the Board of Supervisors.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-200, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO PROPOSED CHAPTER VIII AGREEMENT SALE OF TAX- DEFAULTED PROPERTY.

AYES: Cox, Jacob, Slater, Roberts, Horn

14. SUBJECT: FIXING COUNTY SCHOOL DISTRICT AND SPECIAL DISTRICT TAX RATES AND LEVYING TAXES FOR FISCAL YEAR 2003/04 (DISTRICTS: ALL)

OVERVIEW: This is a request to set the annual tax rates for voter-approved debt for all taxing agencies in the County of San Diego and the 1% full value countywide tax rate.

The Board, pursuant to Government Code Section 29100, is to fix the rates of taxes on the Secured Property Tax Roll. Government Code Section 29101 requires that as an integral part of fixing the tax rates, the Board shall levy the taxes upon the taxable property of the County.

FISCAL IMPACT: This action will provide tax rates for the agencies to produce property tax revenue to satisfy legally incurred debt requirements.

The attached property tax rates are essential to the provision of a considerable portion of the revenue required in the operation of the County and other local governmental agencies for the Fiscal Year 2003/04.

8/12/03 14 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt the final form of resolution incorporating the various rates as computed by the Auditor and Controller for Fiscal Year 2003/04.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-201, entitled: RESOLUTION REGARDING THE FIXING AND LEVYING OF THE TAX RATES FOR THE FISCAL YEAR COMMENCING JULY 1, 2003.

AYES: Cox, Jacob, Slater, Roberts, Horn

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.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

16. SUBJECT: ADMINISTRATIVE ITEM: APPOINTMENTS (DISTRICT: 2)

OVERVIEW: These appointments are in accordance with applicable Board Policy A–74, Citizen Participation in County Boards, Commissions and Committees, and Policy I–1, Planning and Sponsor Group Policies and Procedures.

8/12/03 15 FISCAL IMPACT: N/A

RECOMMENDATION: SUPERVISOR JACOB: Appoint Jerry Hollingsworth to complete the unexpired term created by the resignation of Phil Yoon, on the Gillespie Field Development Council for a term to expire June 14, 2004.

SUPERVISOR HORN: Appoint Dennis W. Dickinson to vacant Seat No. 8, on the Borrego Springs Sponsor Group for a term to expire January 1, 2007.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

17. SUBJECT: CLOSED SESSION (DISTRICT: ALL) OVERVIEW: A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: (Number of Potential Cases – 1)

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) Rancho Viejo, LLC v. County of San Diego, et al.; San Diego County Superior Court No. GIC 762582

C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) People of the State of California v. David Englebrecht, Jr., Fourth District Court of Appeal No. D039332

D. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9: (Number of Cases – 1)

E. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Designated Representatives: Carlos Arauz and Mike Kolb Employee Organizations: All

8/12/03 16 ACTION: Any reportable matters will be announced on Wednesday, August 13, 2003, prior to the Board of Supervisors Planning and Land Use meeting.

18. SUBJECT: LOCAL COMMUNITY PROJECTS: SUPPORT FOR CALIFORNIA COASTAL CLEANUP DAY (DISTRICT: 1, 3)

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 today will provide funding for California Coastal Cleanup Day 2003.

FISCAL IMPACT: The fiscal impact of the proposed recommendations is $20,000. This action will result in the addition of no staff years and no future costs.

RECOMMENDATION: CHAIRMAN COX AND SUPERVISOR SLATER: 1. Find that this project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).

2. Allocate $10,000 from the Community Projects Budget (0261) and $10,000 from the Community Projects Budget (0263) to I Love a Clean San Diego for costs associated with California Coastal Cleanup Day 2003 in San Diego County.

3. Authorize the Chief Financial Officer to execute an agreement with I Love a Clean San Diego establishing the terms for receipt of the funds described above.

4. Find that the grant described above has a public purpose.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

19. SUBJECT: LOCAL COMMUNITY PROJECTS GRANTS (DISTRICT: 3)

OVERVIEW: Funding for the Community Projects Grant program was included in the fiscal year 2003-2004 adopted budget in order to further public purposes throughout the County. These items reflect projects of great benefit to the public.

FISCAL IMPACT:

8/12/03 17 The current year total combined cost of these 3 projects is $29,071. The funding source is the Community Projects Budget (org 0263). This will result in the addition of no staff years and no future year costs.

RECOMMENDATION: SUPERVISOR SLATER: 1. Allocate $23,571 from the Community Projects Grant Budget (org 0263) to the San Dieguito River Park JPA. $18,571 is for their endowment fund, and $5,000 is for “Trail Run” and Scout projects.

2. Allocate $2,000 from the Community Projects Grant Budget (org 0263) to Serenity House for their 9th annual angel event, “The Harvest Moon Gala.”

3. Allocate $3,500 from the Community Projects Grant Budget (org 0263) to Mainly Mozart for a concert to benefit many of San Diego’s smaller theatre venues.

4. Authorize the Chief Financial Officer to execute grant agreements with these organizations establishing terms for receipt of the funds described above.

5. Find that all grant awards described above have a public purpose.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

20. SUBJECT: PRESENTATIONS/AWARDS Supervisor Pam Slater presented a proclamation to Tim Fennell, General Manager of the 22nd Agricultural Association, declaring August 12, 2003, to be Agricultural Association Day throughout San Diego County.

Chairman Greg Cox presented a proclamation to Dr. Tom Boardman and Chris Uvieghara, Department of Child Support Services, declaring August, 2003, to be San Diego County Child Support Awareness Month throughout San Diego County.

Vice Chairwoman Dianne Jacob presented a proclamation to Irene and Bill Krueger, Volunteers of the Month.

Supervisor Ron Roberts presented a proclamation to Adrian Kuietkoukski; Lucy San- Diego Javate; Dr. Mark Bulgarelli; Lisa Duncan; and Zara Marselian, declaring August 10 - 16, 2003 to be National Health Center Week throughout San Diego County.

21. SUBJECT: PUBLIC COMMUNICATIONS

8/12/03 18 Dianna Lees addressed the Board regarding the forced removal of a fence enclosing open space.

Sylvia Galvez; Antone Morris; Lashekita Sutton; and Cedrina Miller, addressed the Board regarding Sylvia’s Place.

ACTION: Heard; referred to the Chief Administrative Officer.

22. SUBJECT: OFF DOCKET: CLOSED SESSION:

OVERVIEW: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (Number of Potential Cases – 1)

22.1 ACTION: ON MOTION of Supervisor Slater, Seconded by Supervisor Roberts, the Board of Supervisors found that the need to take action arose subsequent to the Agenda being posted, and placed the item on the agenda.

AYES: Cox, Jacob, Slater, Roberts, Horn

22.2 ACTION: Any reportable matters will be announced on Wednesday, August 13, 2003, prior to the Board of Supervisors Planning and Land Use meeting.

There being no further business, the Board adjourned at 11:30 a.m. in memory of Bill Brecht; Doran Green; Reverend. Clyde Shideler; and Mark Weinberger.

THOMAS J. PASTUSZKA Clerk of the Board of Supervisors County of San Diego, State of California

Notes by: Gomez

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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