COUNTY OF SAN DIEGO
STATEMENT OF PROCEEDINGS
REGULAR MEETING OF BOARD OF SUPERVISORS
WEDNESDAY, NOVEMBER 1, 2000

Meeting was called to order at 9:08 a.m.
Present:  Supervisors Dianne Jacob, Chairwoman; Ron Roberts, Vice Chairman; Greg Cox; Pam Slater; and Bill Horn; also Thomas J. Pastuszka, Clerk.     

Approval of Statement of Proceedings/Minutes for meeting of October 18, 2000.        

ACTION:
ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors
approved the minutes for the meeting of October 18, 2000.
AYES:  Cox, Jacob, Slater, Roberts, Horn

                                                  Board of Supervisors' Agenda Items

1.   SUBJECT:     REPORT ON POTENTIAL IMPACTS OF TRIBAL GAMING ON SAN DIEGO COUNTY
                                    (Supv. Dist: 2,5)

OVERVIEW:
In response to concerns arising from the rapid development of Class III gaming facilities on tribal lands, and the potential for significant impacts to County of San Diego resources, on August 1, 2000 (17), the County Board of Supervisors approved an initiative proposed by Supervisor Bill Horn, and amended by Supervisor Dianne Jacob, to direct the Chief Administrative Officer to conduct a comprehensive review of potential impacts of the planned casinos on traffic, the environment, public safety and health, and business development.  In response to this direction, County staff has prepared this report, which presents analyses of the potential impacts of Tribal gaming on Northern and Eastern San Diego County. The report also identifies information, which would be needed to allow for a complete assessment of potential impacts.

The impacts of gaming facilities will definitely be significant on County and State roads and highways.  Additionally, impacts to air quality, noise, community character, biology, and other resources are likely to be significant, although the extent of the impacts cannot be determined based on the information available at this time.  Mitigating these impacts will require cooperation from the Tribes as the County’s regulations, and ordinances that require projects to provide protection for natural resources and the environment do not apply on Tribal lands.

FISCAL IMPACT:
The fiscal impact of improving County roads to adequately serve gaming facilities will be very significant.  It is estimated that the County’s costs will be at minimum $168 million.  These costs could increase significantly based on more detailed studies.  There is no identified source of funding to fund such costs.

To date, staff has incurred $95,200 in non-budgeted costs related to Tribal gaming issues.  Some of these costs can be attributed to specific gaming projects, and some of the costs were incurred to address general issues, preparing materials for the Board Conference and this report.  Additionally, it is anticipated that staff will incur $151,000 to $201,000 in additional costs for the remainder of this fiscal year.

BUSINESS IMPACT STATEMENT:
The full extent of business impacts is unknown at this time, however, businesses that provide services and supplies to the gaming Tribes stand to benefit, while other businesses may lose revenues to similar competing businesses in the gaming facilities .

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.     Request the Board Sub-Committee to begin discussions with the various Tribes to develop a strategy that would allow the County to obtain adequate information needed in order to assess project-specific impacts to County jurisdictional lands and resources, and determine and implement appropriate mitigation for those impacts.

2.     Request the Board Sub-Committee to ask the Tribes to consider entering into agreements with the County to address the fair-share funding of infrastructure improvements, and ways to access funding from state and federal resources.

3.     Request the Board Sub-Committee to develop agreements with the Tribes to specify which purposes local tribes would support grants to the County from the Special Distribution Fund stipulated in the Tribal-State Gaming Compacts.

4.     Request the Board Sub-Committee to begin discussions with the Tribes to consider and implement the recommendations made by staff in the “Report on Potential Impacts of Tribal Gaming on Northern and Eastern San Diego County.”

5.     Direct the Chief Administrative Officer to draft a letter to Governor Davis asking for interpretation of the intent and language of several provisions of the Compact, which are identified as being unclear.

6.     Direct the Chief Administrative Officer to instruct the County’s Sacramento Representative to work with the current Administration and other interested parties, for the purpose of securing maximum funding available to the County through the budget or grant process.

7.     Direct the Chief Administrative Officer to identify funding to reimburse the various County Departments for unbudgeted costs related to their work on Tribal Gaming project review and related issues.

8.     Direct the Chief Administrative Officer to provide a schedule within 30 days for performance of operational assessments of road segments that will be substantially impacted by the new casino projects and casino expansion projects.  The assessments are to identify minor repairs and improvements that can be accomplished before May 15, 2001 to prepare the roads as much as feasibly possible for the expected traffic increases.

ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended; adding the following: direct the Chief Administrative Officer to send copies of the report to the Tribes, allowing reasonable time for response; incorporating such response and any additional information into this report; direct the Chief Administrative Officer to incorporate into the report the potential impact of the Casinos activities into the General Plan 2020 process; direct the Chief Administrative Officer to incorporate the build-up of the communities off the Reservations on the road projections into the General Plan 2020 process; direct Chief Administrative Officer to update this report at least every six months and to send a copy of this report and the on-going updates to State and Federal representatives in the region, including the State Attorney General, the Governor and the National Indian Gaming Commission; directed the Board of Supervisors to draft a letter to the Bureau of Indian Affairs, the Attorney General, Department of Interior and others that might be appropriate, stating the Board of Supervisors opposition to annexing additional lands into Reservations and thus receiving the trust status.
AYES:  Cox, Jacob, Slater, Roberts, Horn

2.    SUBJECT:     THE COUNTY OF SAN DIEGO MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN ANNUAL HABITAT TRACKING REPORT 1999
                               (Supv. Dist: All)

OVERVIEW:
The County Board of Supervisors adopted the County of San Diego’s Subarea Plan for the Multiple Species Conservation Program (MSCP) on October 22, 1997.  One of the specific responsibilities of the County of San Diego is to prepare an Annual Report accounting for all of the habitat that was conserved and lost due to discretionary and certain ministerial approvals as well as land acquisitions for conservation purposes.

The 1999 Annual Report was completed September 1, 2000.  The report summarizes take and conservation within the three segments, the Lake Hodges, South County, and Metro-Lakeside-Jamul Segments of the Subarea Plan.  During the 1999 reporting phase, the County conserved 3,905.40 acres of habitat within the preserve area and authorized the loss of 419.40 acres of habitat.  The County also obtained open space over 1,382.8 acres of land outside the preserve boundaries for a total of 5,288.2 acres of land.  A portion of these 1,382.8 acres includes land acquired by the County, State and Federal Agencies.  The County of San Diego was responsible for the direct purchase of 198.02 acres of the 5,288.2 acres of land preserved in 1999.

FISCAL IMPACT:
None.

BUSINESS IMPACT STATEMENT:
Adoption of the MSCP allows for a streamlined process for local landowners and eliminates the need for several duplicative permits required by other resource agencies with permit authority over natural resources such as sensitive species and habitats.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
Receive the 1999 Annual Report.

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

3.   SUBJECT:     TRANSFER OF SOLID WASTE PLANNING AND MANAGEMENT FUNCTIONS FROM THE DEPARTMENT OF ENVIRONMENTAL HEALTH TO THE DEPARTMENT OF PUBLIC WORKS
                               (Supv. Dist: All)

OVERVIEW:
On November 4, 1997 (53), as part of the County’s divestiture of County-owned and operated solid waste and landfill systems, the Board approved transfer of responsibility for the following functions from the Department of Public Works to the Department of Environmental Health: state-mandated solid waste reduction; recycling; household hazardous waste disposal; management of hauler agreements for the unincorporated County; and countywide solid waste planning and reporting.

A management review has determined that solid waste planning and management functions currently assigned to the Department of Environmental Health should be transferred from the Department, except for the Household Hazardous Waste program.  It is proposed that the Department of Public Works take over responsibility and authority for these functions effective January 1, 2001.  The Department of Public Works has agreed to assume these functions.

Board of Supervisors action is requested to approve: (1) transfer of countywide solid waste planning and management functions from the Department of Environmental Health to the Department of Public Works; (2) amendments to the County Code of Regulatory Ordinances as needed to accomplish transfer of functions, authority and responsibility; and (3) transfer of five positions (five staff years) from the Department of Environmental Health to the Department of Public Works.  The transfer of positions will become operative on December 29, 2000, because that day is the beginning of a pay period.  Transfer of these functions, authority, responsibility and positions to the Department of Public Works will result in a solid waste organizational structure consistent with how these functions are managed statewide.

FISCAL IMPACT:
Funds for this request are budgeted in the Department of Environmental Health and the Land Use and Environment Group.  The funding sources are: the Solid Waste Tonnage Fees; Tire Recycling Public Education & Amnesty Grant; California Beverage Container and Recycling Grant; Used Oil Block Five Grant; Used Oil Block Six Grant and the Land Use and Environment Group Management Reserves.  If approved, this action will cancel $136,539 in Salaries and Benefits appropriations, $336,285 in Services and Supplies appropriations and $472,824 in budgeted revenue in the Department of Environmental Health and establish those appropriations/revenues in the Department of Public Works.  This action also transfers five (5) full-time equivalent (FTE) positions from the Department of Environmental Health to the Department of Public Works.  These appropriations and revenues comprise 50% of the budgeted direct costs and revenues for the Waste Management Prevention and Planning Program less funding for the Household Hazardous Waste Program, which will be retained by the Department of Environmental Health.  If adjustments are necessary once actual cost and revenue information has been received, then appropriations and/or revenue will be transferred between Departments at Third Quarter Fund Balance.

BUSINESS IMPACT STATEMENT:
Not  Applicable.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.      In accordance with section 15061(b)(3) of the California Environmental Quality Act (CEQA) guidelines, find that it can be seen with certainty that there is no possibility this action may  have a significant effect on the environment and that it is therefore not subject to CEQA.

2.      Read title and waive further reading of the following Ordinance and introduce the Ordinance for further Board consideration and adoption on November 15, 2000:

AN ORDINANCE AMENDING AND REPEALING PORTIONS OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO THE TRANSFER OF SPECIFIED COUNTY SOLID WASTE PLANNING AND MANAGEMENT FUNCTIONS FROM THE DEPARTMENT OF ENVIRONMENTAL HEALTH TO THE DEPARTMENT OF PUBLIC WORKS.
      This Ordinance will become operative on January 1, 2001.

3.    Read title and waive further reading of the following Ordinance and introduce the Ordinance for further Board consideration and adoption on November 15, 2000:

AN ORDINANCE AMENDING SECTION 455(f) OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO INACTIVE WASTE SITE MANAGEMENT, DEPARTMENT OF PUBLIC WORKS.
This Ordinance will become operative on January 1, 2001.

4.   Authorize the transfer of five (5) positions (5 staff years) from the Department of     Environmental Health to the Department of Public Works.  Read title and waive further reading of the following Ordinance and introduce the Ordinance for further Board consideration and adoption on November 15, 2000:
AN ORDINANCE AMENDING PORTIONS OF THE SAN DIEGO COUNTY COMPENSATION ORDINANCE BY ESTABLISHING THE NUMBER OF AUTHORIZED POSITIONS, IN SPECIFIED CLASSES AND TITLE ONLY, IN THE FOLLOWING DEPARTMENTS:
                  6200 DEPARTMENT OF ENVIRONMENTAL HEALTH
                  5480     Recycling Specialist II                     0
                  5481     Recycling Specialist I                      0
                  2377          Waste Management Coordinator     0
                  5710  DEPARTMENT OF PUBLIC WORKS
                  5480     Recycling Specialist II                     2
                  5481     Recycling Specialist I                      2
                  2377          Waste Management Coordinator     1

This Ordinance will become operative on December 29, 2000.

5.   Authorize and cancel appropriations of $472,824 (Salaries and Benefits, $136,539, Services  and Supplies, $336,285) and budgeted revenues of $472,824 in the Department of Environmental Health (Fund 100100, Org 6230) due to the transfer of the solid waste planning and management functions to the Department of Public Works effective January 1, 2001.

6.   Authorize and establish appropriations of $472,824 (Salaries and Benefits, $136,539, Services and Supplies, $336,285) and related revenues of $472,824 in the Department of Public Works (Fund 130000, Org 5715) to implement the shift of responsibility for solid waste planning and management functions as of January 1, 2001.  (4 VOTES)

ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, introducing Ordinances for further consideration on November 15, 2000.
AYES:  Cox, Jacob, Slater, Roberts, Horn

4.   SUBJECT:     FINAL REPORT ON THE REGIONALIZATION OF THE HOUSEHOLD  HAZARDOUS WASTE PROGRAM
                                    (Supv. Dist: All)

OVERVIEW:
On March 23, 1999 (18), Supervisor Jacob and Supervisor Cox recommended designating a subcommittee consisting of Supervisor Jacob and Supervisor Cox to work with cities and industry to develop a regional Household Hazardous Waste Program.  In June of 1999, Supervisor Jacob and Supervisor Cox created a Steering Committee to oversee this process. Under state law, each jurisdiction is responsible for preparing and implementing a Household Hazardous Waste Element as part of the County-wide Integrated Waste Management Plan.  Regionalization of the Household Hazardous Waste Collection Program is being studied because regional cooperation leads to greater convenience to residents, provides economies of scale and ultimately increases the proper disposal of home-generated toxic products.

Under the direction of the Steering Committee, a Technical Work Group was formed to discuss the Household Hazardous Waste issues and make recommendations to re-establish regional coordination of the programs.  The Technical Work Group held its final meeting on May 4, 2000, with the Solid Waste Technical Advisory Committee and Citizens Advisory Committee, and produced a final report to submit to the Steering Committee.  The document was presented to the Steering Committee for their review on May 30, 2000, for discussion and approval prior to presenting the report to the Board of Supervisors.

FISCAL IMPACT:
If approved, this request will result in no additional costs or staff years.

BUSINESS IMPACT STATEMENT:
Improved regional coordination of Household Hazardous Waste program activities may lead to additional disposal opportunities and lower hazardous waste disposal costs for small businesses classified as “Conditionally Exempt Small Quantity Generators.”  Some of the jurisdictions operating Public Household Hazardous Waste Collection Facilities have been considering allowing these small businesses that generate less than 100 kilograms of hazardous waste per month to dispose of their waste at the facilities for a reduced cost.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.     Receive the final report on Household Hazardous Waste Program Regionalization and Coordination submitted by the Technical Work Group Subcommittee.

2.   Direct the Chief Administrative Officer to continue to work with cities to establish a region-wide public education and outreach program pertaining to Household Hazardous Waste collection.

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

5.   SUBJECT:     APPLICATION FOR AND ACCEPTANCE OF ENVIRONMENTAL PROTECTION AGENCY ENVIRONMENTAL EDUCATION GRANTS FOR FISCAL YEAR 2001-02
                                    (Supv. Dist: All)

OVERVIEW:
The Department of Environmental Health requests Board authorization to apply to the United States Environmental Protection Agency for the Fiscal Year 2001-02 Environmental Education Grants, and to accept grant funds, if awarded.  Approval of this request authorizes the Director of the Department of Environmental Health to execute all necessary applications for the Environmental Protection Agency Environmental Education Grants Program, Fiscal Year 2001-02; to supplement the existing education and outreach budgets; and, if grant funds are awarded, to execute any agreements necessary with the Environmental Protection Agency regarding the acceptance of this grant.

The grant funds would benefit the public by increasing youth awareness and understanding of environmental issues and helping to build respect for the environment via school curricula.  Funding would be used to expand the School to Career Program, which the Department of Environmental Health has created for under-represented students at area high schools.  Funding would also be used to acquire and incorporate an interactive CD ROM, designed to teach children about environmental issues, into elementary school outreach programs.

FISCAL IMPACT:
There is no fiscal impact in the current fiscal year.  If approved, the grant will result in an estimated $30,000 in revenue to be received in FY01-02, and will be used to offset expenditures made during that fiscal year.  The revenue and appropriations for this request will be included in the budget for FY01-02.  The grant amounts requested total $30,000 ($10,000 each for up to three proposed projects) with a County matching contribution of $10,000 (25% of the total direct cost of $40,000).  Only direct costs will be reimbursed; therefore, departmental and external overhead costs of $2,970 cannot be charged against the grant.  The County matching contribution of 25% is currently funded.  If approved, there will be $7,030 net General Fund costs from direct expenses associated with this action and it will require the addition of 0 staff years.

BUSINESS IMPACT STATEMENT:
Not Applicable.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.     In accordance with Section 15061(b)(3) of the State of California Environmental Quality Act (CEQA) guidelines, find that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and that it is therefore not subject to CEQA.

2.     Authorize the Director, Department of Environmental Health, as agent of the County, to conduct all negotiations and submit all documents including, but not limited to, applications, contract agreements, amendments and payment requests which may be necessary to secure Environmental Education grant funds for FY 01-02; and to execute a grant agreement upon award of grant funds, including any extensions or amendments thereof, that do not materially impact or alter either the grant program or funding level.

3.   Waive Board Policy B-29: Fees, Grants, Revenue Contracts - Department Responsibility for Cost Recovery, with respect to full cost recovery for the implementation of this grant.

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

6.   SUBJECT:     REQUEST FOR PROPOSALS FOR ON-SITE AIRPORT
Management SERVICES FOR Borrego Valley Airport
(Supv. Dist: 5)

OVERVIEW:
Borrego Valley Airport is east of Borrego Springs within Anza Borrego Desert State Park. Airport facilities include a 5,000-foot lighted runway and taxiway, restaurant and bar, terminal building, aircraft ramp and hangars. The airport handles approximately 12,000 operations per year. County Airports is responsible for providing personnel to operate the airport safely and efficiently.

Since 1997, County Airports has employed an on-site contractor to function as airport manager at Borrego Valley Airport. This contract will expire December 31, 2000.

This is a request to authorize issuance of a Request for Proposals for continuation of on-site airport management services. The contract will be awarded for a period of one year, with four one-year options. Estimated annual cost is up to $70,000.

FISCAL IMPACT:
Funds for this request are budgeted.  Funding source is Airport Enterprise Fund.  If approved, this request will result in a current FY cost of $35,000 and $70,000 per year thereafter for the duration of the contract, if extended.  Contract term is one year with four-one year options.  There will be no impact to the General Fund.

BUSINESS IMPACT STATEMENT:
N/A

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.     Find that the following action is not subject to California Environmental Quality Act (CEQA) under Section 15061(b)(1) of CEQA Guidelines, because it is not a project as defined in Section 15378.

2.   Authorize the Deputy Director, Purchasing and Contracting Division of General Services, in accordance with Section 398.17.1(a) of County Administrative Code, to issue a Request for Proposals and negotiate and award a contract to acquire on-site airport management services for Borrego Valley Airport, subject to approval of the Director of Public Works, and subject to compliance with Board Policy A-96, Sequence for Obtaining a Chief Administrative Officer Determination Regarding Economy and Efficiency of Independent Contractors Pursuant to Charter Section 703.10.

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

7.   SUBJECT:     SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES, COUNTY CODE OF REGULATORY ORDINANCES, AND ADMINISTRATIVE CODES ASSIGNED TO DEPARTMENTS WITHIN THE LAND USE AND ENVIRONMENT GROUP, AND ANIMAL CONTROL                                                                  (Supv. Dist: All)

OVERVIEW:
On December 8, 1998 (53), the Board of Supervisors approved the current Sunset Review Process, which is based on a seven year review cycle of the Administrative Code, Board of Supervisors Policies and the San Diego County Code of Regulatory Ordinances.  Department heads are responsible for ensuring ordinances, policies and resolutions relevant to their respective department are kept current.  Sunset Review items are presented to the Board in increments for approval as they reach sunset dates.

FISCAL IMPACT:
The requested action will have no current year or annual cost, and will not require any additional staff years.

BUSINESS IMPACT STATEMENT:
Amendments to Division 1 of Title 6 will have a positive impact on the business community. Food retailers are subject to the California Uniform Food Facilities law. Amendments will repeal County Code sections no longer required or necessary, allowing for simplification of compliance for these businesses without compromising public health.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.       Find in accordance with Section 15061(b)(3) of the State California Environmental Quality Act (CEQA) Guidelines that it can be seen with certainty there is no possibility the following actions may have a significant effect on the environment.

2.       Read the title and waive further reading of the following Ordinances, and introduce for further consideration and adoption on November 15, 2000:

AN ORDINANCE AMENDING ARTICLE XXXI OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO PUBLIC IMPROVEMENT AND ASSESSMENT PROCEEDINGS

AN ORDINANCE AMENDING TITLE 6, DIVISIONS 1, 3, 4, 6, 7, 8 and 9 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO FOOD AND HOUSING, CROPS AND PLANTS, DISEASE CONTROL, SANITATION REGULATIONS FOR BUSINESSES, WATER AND WATER SUPPLIES, AND SEWAGE AND REFUSE DISPOSAL, AND INSANITARY PREMISES

AN ORDINANCE REPEALING THE EXISTING AND ADOPTING A REVISED CHAPTER 6 OF DIVISION 2 OF TITLE 6 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO ANIMAL CONTROL

AN ORDINANCE REPEALING AND READOPTING THE SAN DIEGO COUNTY UNIFORM SEWER ORDINANCE, PROVIDING FOR MANAGEMENT OF DEPENDENT SAN DIEGO COUNTY SANITATION DISTRICTS AND ESTABLISHING PROVISIONS FOR USE OF SEWERAGE FACILITIES OF COUNTY SANITATION DISTRICTS AND SEWER MAINTENANCE DISTRICTS

AN ORDINANCE OF THE EAST OTAY MESA SEWER MAINTENANCE DISTRICT PROVIDING FOR ADOPTION OF SAN DIEGO COUNTY ORDINANCE ________ BY REFERENCE

AN ORDINANCE OF THE WINTER GARDENS SEWER MAINTENANCE DISTRICT PROVIDING FOR ADOPTION OF SAN DIEGO COUNTY ORDINANCE ________ BY REFERENCE

3.       Determine no change is necessary for Administrative Code Article XLI-A, County of San Diego Industrial Development Authority.

4.       Determine no change is necessary for County Code of Regulatory Ordinances Title 4, Public Property.

5.       Determine no change is necessary to, and approve new sunset dates as indicated below, for the following Board of Supervisors Policies:     
I-51  Connection to District Interceptor Sewers (12-31-02)
I-53  Cost Responsibility for the Construction of Flood Control and Drainage Facilities Within Road Rights-of-Way (12-31-02)
I-56  Staged Construction of Offsite Flood Control and Drainage Facilities Provided in the
Development or Subdivision of Property by the Private Sector (12-31-02)
A-124  Economic Incentives (12-31-04)

6.       Approve amendments and a new sunset date for the following Board of Supervisors Policy:
J-21   “One-Foot Strip” Acceptance – (Road Openings)

7.   Delete the following Board of Supervisors Policy:
I-110  Guidelines for Negotiating Public Benefit Agreement
           (Relates to Sanitation District Agenda Item No. 1)

ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, introducing Ordinances for further Board consideration on November 15,2000.
AYES:  Cox, Jacob, Slater, Roberts, Horn

8.   SUBJECT:     ADMINISTRATIVE ITEM: NEW APPOINTMENTS TO THE COUNTY’S SCIENCE ADVISORY   BOARD AND SUNSET ADVISORY BOARD
(Supv. Dist: All)

OVERVIEW:
On April 14, 1992 (45), the Board of Supervisors established the Science Advisory Board. The Science Advisory Board is authorized eleven members.  Currently there is one vacancy on the Science Advisory Board.  This action will result in the appointment of one new member. 

On September 15, 1997 (42), the Board of Supervisors established the Sunset Advisory Board for San Diego County.  The Sunset Advisory Board is authorized seven  members, one representative for each supervisorial district and two representatives for the Chief Administrative Officer. Currently there are three vacancies on the Sunset Advisory Board.  This action will result in the appointment of one new member representing the Chief Administrative Officer.

FISCAL IMPACT:
Not Applicable.

BUSINESS IMPACT STATEMENT:
Not Applicable.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.         Appoint Dr. Kurt Benirscke to a three-year term on the Science Advisory Board, for a term to expire November 3, 2003.
2.         Appoint Farrah Douglas to an unexpired term of Marilyn Creson on the Sunset Advisory Board, for a term to expire May 31, 2001.

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

9.    SUBJECT:     APPROVAL OF AMENDMENT TO JOINT AGREEMENT  
(SUBSTITUTION OF PARTIES), AND EXTENSION OF TIME TO COMPLETE  IMPROVEMENTS, FOR COUNTY OF SAN DIEGO TRACT NO. 4744-1, FINAL  MAP 13602, LOCATED IN HIDDEN MEADOWS SPONSOR GROUP AREA
 (Supv. Dist: 5)

OVERVIEW:
County of San Diego Tract 4744-1, Final Map 13602 is in the Lawrence Welk Village area of Escondido on the north and south sides of Welk View Drive, extending from Champagne Boulevard on the west to Welk Highland Drive on the east (Thomas Guide, page 1089, C-1, 2000 Edition). The tract is within the Hidden Meadows Sponsor Group area.

On July 15, 1998 (6) the Board approved a Joint Agreement to Improve Major Subdivision.  On September 22, 2000, the property was transferred by grant deed to Rim Rock Development.  Rim Rock Development wishes to assume responsibility for constructing improvements required to support the development.

This is a request to approve an Amendment to Joint Agreement (Substitution of Parties) and to extend, for a period of two years, the performance completion date for County of San Diego Tract 4744-1, Final Map 13602.

FISCAL IMPACT:
The recommended action will have no fiscal impact.

BUSINESS IMPACT STATEMENT:
Not Applicable.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.       Approve and authorize the Clerk of the Board of Supervisors to execute the Amendment to Joint Agreement to Improve Major Subdivision (Substitution of Parties). 

2.       Extend to July 15, 2002, the performance completion date for County of San Diego Tract 4744-1, Final Map 13602.

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

10.    SUBJECT:     APPROVAL OF AMENDMENT TO JOINT AGREEMENT (SUBSTITUTION OF PARTIES), FOR COUNTY OF SAN DIEGO  TRACT NO. 4863-1, FINAL MAP 13774, LOCATED IN VALLE DE ORO PLANNING AREA
                                    (Supv. Dist: 2)

OVERVIEW:
County of San Diego Tract 4863-1, Final Map 13774 is in the Valle de Oro area, north of Hillsdale Road, 0.25 mile east of Jamacha Road (Thomas Guide, Page 1272, B-2, 2000 Edition). On April 14, 1999 (13), the Board approved a final map and a Joint Agreement to Improve Major Subdivision, secured by surety bonds to guarantee the construction of public improvements required as a condition of the tentative map. Shea Homes Limited Partnership has purchased the property and wishes to assume responsibility for making required improvements.

This is a request to approve an Amendment to Joint Agreement (Substitution of Parties) for County of San Diego Tract 4863-1, Final Map 13774 (Slate Property).

FISCAL IMPACT:
The recommended action will have no fiscal impact.

BUSINESS IMPACT STATEMENT:
Not Applicable.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
Approve and authorize the Clerk of the Board of Supervisors to execute the Amendment to Joint Agreement to Improve Major Subdivision (Substitution of Parties).

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

11.   SUBJECT:     ADMINISTRATIVE ITEM: Approval of a Final Map and Secured Agreement for Private Improvements for County of San Diego Tract NO. 5115-1, Located in THE VALLE DE ORO COMMUNITY Planning Area
                                    (Supv. Dist: 2)

OVERVIEW:
This project is a subdivision consisting of 10 single-family residential lots, and a total acreage of 24.70 acres.  It is located in the Valle De Oro area on Grace Lamay Terrace, 0.04 miles east of Vista Grande Road.  (Thomas Guide, Page 1272, D1, 2000 Edition)

The project is being brought before the Board for approval of the final map and the secured agreements for the private improvements.

FISCAL IMPACT:
This request will have no fiscal impact.

BUSINESS IMPACT STATEMENT:
Not applicable.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.       Approve this map.

2.    Accept the grant of an easement for open space over portions of lots 1 through 10, as granted on said map.

3.    Approve and authorize the Clerk of the Board of Supervisors to execute the Joint Agreement to Improve Major Subdivision, which includes the street improvements and drainage facilities, water facilities, and setting of final monuments,

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

12.   SUBJECT:     AMENDMENT TO CONSULTANT CONTRACT FOR GENERAL PLAN 2020  (CARRYOVER ITEM FROM 10/25/00, AGENDA ITEM NO. 13)
(Supv. Dist:  All)

OVERVIEW:
On October 25, 2000 (13) your Board of Supervisors continued this item to November 1, 2000, and directed the Department of Planning and Land Use to immediately notify all property owners in order to conduct further discussion on the maps and plans, and to come back with a time line in regards to the process and what’s to be accomplished.

General Plan 2020 project is the comprehensive update of the San Diego County General Plan.  The General Plan establishes the future growth and development patterns for the unincorporated area of the County.  The General Plan update will accommodate population growth and plan for infrastructure needs, development, and resource preservation in the unincorporated area to the year 2020.  Currently the Department of Planning and Land Use has a contract with Wallace Roberts & Todd, LLC, to provide consulting services for General Plan 2020.  The contract was approved by the Board of Supervisors on August 12, 1998 (2) and obtained through competitive procurement.  This contract was amended on February 28, 2000, to proceed with one of the consultant’s original optional services to assist in the creation of a biological species prediction model. 

Since that time, a number of changes to the General Plan 2020 project extent and process have occurred such as the expanded public participation process, development of a transportation model, expansion of scope of work for preparation of the Environmental Impact Report and development of a population constraints model.  In response to the changes in the General Plan 2020 project, staff and the consultant team have negotiated changes to the original Scope of Work and the Consultant Contract. 

This is a request to authorize a second amendment to the consultant contract.  The additional project cost is $861,350, which includes $721,350 for the added consultant tasks for a total contract cost of $3,314,308 and $140,000 for optional tasks.  In addition, the contract amendment is needed to address additional tasks referred to General Plan 2020 by the Board of Supervisors and the Planning Commission and to expand the timeline for the project.

FISCAL IMPACT:
If approved, this will result in $861,350 in the current fiscal year for the contract amendment, and no annual costs and will require the addition of no staff years.  Of the $861,350 current year cost, $800,000 is budgeted in the Department of Planning and Land Use, the remaining $61,350 is available from the Land Use and Environmental Group Management Reserves.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.         Approve and authorize execution by the Clerk of the Board, the amended agreement with Wallace Roberts & Todd, LLC, in the amount of $861,350, which includes an additional $140,000 for optional tasks, and extending the contract to February 28, 2003, to provide planning, environmental, and mapping services.  (4 VOTES)

2.         Find that the Board of Supervisors has determined that the proposed services can be provided more economically and efficiently by the proposed independent contractor than by persons in the Classified Service. 

3.         Transfer appropriations in the amount of $61,350 from the Land Use Environmental Group Management Reserves to the Department of Planning and Land Use for General Plan 2020 consultant costs.  (4 VOTES)

ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Slater, the Board of Supervisors took action as recommended adding the following: 1) Written copies of both committees’ (Steering Committee and Interest Group Committee) minutes should be distributed to the Board of Supervisors, between both committees and should be made available on the County’s website; 2) Both groups’ meeting schedules should be publicly noticed and placed on the website; 3) County staff should provide background information in advance to both groups to enable them to examine and compare current General Plan standards with proposed new standards; and 4) Property owners are not fully aware of the activities of both groups.  Therefore, community newspapers should be contacted to publish an overview of the proposed changes (in each community) outlining potential land use impacts.  Further directed that discussion of guiding principles/goals and policies scheduled for November 15, 2000 be rescheduled to January, 2001, following noticing of the public.
AYES:  Cox, Jacob, Slater, Roberts, Horn

13.   SUBJECT:     FUNDING FOR ACQUISITION OF RAMONA GRASSLAND
                                (Supv. Dist:  2)

OVERVIEW:
The recommended action will direct the Deputy Chief Administrative Officer to work with the Grassland Preservation Project to seek potential sources of funding for the acquisition of grasslands in Ramona, within the Multiple Species Conservation Program (MSCP) North County planning area.

FISCAL IMPACT:
There is no fiscal impact related to this proposal.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.               Direct the Chief Administrative Officer to work with the citizens' group, Grassland Preservation Project, to identify potential sources of funding and willing sellers of land for the acquisition of grasslands in Ramona, within the MSCP North County planning area.

2.               Authorize the Chief Administrative Officer and County's Washington, D.C. and Sacramento representatives to work with the County's delegation and other interested parties to secure funding for acquisition of grasslands in Ramona.

ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended.
AYES:  Cox, Jacob, Slater, Roberts, Horn

14.   SUBJECT:     SUPPORTING FEDERAL LEGISLATION TO PROVIDE ELECTRICITY RATE RELIEF (CARRYOVER ITEM FROM 10/31/2000, AGENDA NO. 25)
(Supv. Dist:  All)

OVERVIEW:
Approval of this item would express the Board's support for several federal bills which have recently been introduced to provide relief for San Diego electricity consumers.

FISCAL IMPACT:
This action will result in no cost to the County

RECOMMENDATION:
CHAIRWOMAN JACOB AND SUPERVISOR COX:
1.               Support H.R. 5457 (Bilbray), H.R. 5458 (Bilbray), H. Con. Res. 429 (Bilbray), H. Con. Res. 629 (Bilbray), and H. Con. Res. 417 (Hunter).

2.               Direct the Chief Administrative Officer to add these bills to the County's Legislative Program and direct the County's federal legislative representative to set these issues as their highest priority.

ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors took action as recommended.
AYES:  Cox, Jacob, Slater, Roberts, Horn

15.   SUBJECT:     CLOSED SESSION
                                (CARRYOVER ITEM FROM 10/31/2000, AGENDA NO. 20)
                                (Supv. Dist:   All)

A.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Calvin J. Belcher v. County of San Diego, et al.; San Diego Superior Court No. GIC 741611

B.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
County of San Diego v. Starwood Santa Fe Valley Partners; San Diego Superior Court Case No. GIC 753429

C.        CONFERENCE WITH LEGAL COUNSEL – THREATENED LITIGATION
Anticipated litigation pursuant to section (b) of Government Code section  54956.9
No. of Potential Cases:    1         

D.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Anticipated litigation pursuant to section (c) of Government Code section 54956.9
No. of Potential Cases:    1         

E.         CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Anticipated litigation pursuant to section (c) of Government Code section 54956.9
No. of Potential Cases:    1         

F.         CONFERENCE WITH LABOR NEGOTIATORS
Designated Representative:    Carlos Arauz, Madge Blakey and Mike Kolb
Employee Organizations:     Deputy Sheriffs Association

ACTION:
County Counsel reported the following on Item E:  The Board of Supervisors authorized County Counsel to commence an action, the specifics of which are not identified at this time.  The defendants and other
particulars of the action may be disclosed, upon inquiry, after the   action is formally commenced.

16.   SUBJECT:   PRESENTATION/PROCLAMATIONS
Supervisor Cox presented a Proclamation honoring World Town Planning DayAccepting the Proclamation:  Gary Pryor, Director of the Department of  Planning and Land Use; and Tony Lettieri, President of the California Chapter of the American Planning Association. 

Supervisor Cox and Supervisor Roberts presented a Proclamation honoring the Workforce Development Professional of the Year.   Accepting the Proclamation: Lawrence Fitch.

Supervisor Slater presented a Proclamation honoring National French Week.  Accepting the Proclamation: Roberta Greene, French Educator, and her students.

Supervisor Horn presented a Proclamation honoring Outstanding Customer and Community Service. Accepting the Proclamation: Rick Windbigler from Fallbrook Equipment Rental.

17.   SUBJECT:  Public Communication
Ruth Harber addressed the Board regarding unanswered record request relating Security Instrument of    the Revenue Agreement between the County and the Gregory Canyon.  She also addressed the Board  regarding Sacramento representative lobbying against Assembly Bill 2752 and why the Department of Environmental Health will not honor the request from the public to receive a copy of their responses     to the three Environmental Impact Reports that were published on Gregory Canyon.

Joyce Ward addressed the Board requesting copies of all statements of County Counsel’s billings to Palomar Aggregates and  also written response from the County why the Board’s lobbyist in Sacramento lobbied in opposition to AB2752.                         

ACTION:
Heard; referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 12:12 p.m., in memory of Dr. Robert Cloyes, Tom Moore, Ramona E. Burk, Lauran G. Clapp, Dr. Raymond K. Locke, and Sean Nava

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

Notes by: Andoh

                                                                                        - - -

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