COUNTY OF SAN DIEGO
STATEMENT OF PROCEEDINGS
REGULAR MEETING OF BOARD OF SUPERVISORS
WEDNESDAY, NOVEMBER 15, 2000

MORNING SESSION:

Meeting was called to order at 9:10 a.m.

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

Approval of Statement of Proceedings/Minutes for meetings of October 25, 2000 and November 1, 2000.

ACTION:

ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors  approved the minutes for the meetings of October 25, 2000 and November 1, 2000.

AYES:  Cox, Jacob, Horn

ABSENT:  Slater, Roberts

Public Communication
(No Speakers)

Board of Supervisors' Agenda Items 

1.         SUBJECT:     NOTICED PUBLIC HEARING:

AMENDMENTS TO THE ZONING ORDINANCE CONCERNING LIVING QUARTERS FOR FIRE PROTECTION PERSONNEL (POD 00-002)

(Supv. Dist:  All)

OVERVIEW:

This action would amend The Zoning Ordinance to allow fire protection personnel to be housed at their fire stations.  The need for this amendment was identified during a series of meetings with the Intermountain Volunteer Fire Department.  This fire department currently has no fire station and is interested in building a station that would allow housing for the fire personnel.  They have expressed an interest in obtaining a Minor Use Permit for a reduction in required lot size.  However, The Zoning Ordinance section regulating lot area reductions states that no dwelling units may be on the lot.

FISCAL IMPACT:

None.

RECOMMENDATION:

PLANNING COMMISSION:

AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE RELATING TO LIVING UNITS FOR PERSONNEL IN FIRE PROTECTION SERVICE FACILITIES.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Cox, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting Ordinance No. 9268, (N.S.) entitled: AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE RELATING TO LIVING UNITS FOR PERSONNEL IN FIRE PROTECTION SERVICE FACILITIES.

AYES:  Cox, Jacob, Slater, Horn

ABSENT:  Roberts

2.         SUBJECT:     NOTICED PUBLIC HEARING:
FIRE MITIGATION FEE PROGRAM – FIVE-YEAR CAPITAL FACILITIES AND EQUIPMENT PLANS

(Supv. Dist:  2,3,5)

OVERVIEW:

On April 5, 2000 (4), the Board adopted resolutions setting fire mitigation fee ceiling percentages for the Fire Mitigation Fee Program in volunteer fire department County Service Areas:  No. 107 – Elfin Forest; No. 109 – Mount Laguna, No. 110 – Palomar Mountain, No. 111 – Boulevard, No. 112 – Campo and No. 113 – San Pasqual.  County Service Areas that collect fire mitigation fees are required to update their plans for use of these funds annually. 

This is a request to approve each Fire CSA’s Five-Year Capital Facilities and Equipment Plan.

FISCAL IMPACT:

Five-Year Capital Facilities and Equipment Plans represent planned use of funds collected through the Fire Mitigation Fee Program.  Approval of these plans is an administrative action resulting in no current or annual costs, and no addition of staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1.        Adopt the following Resolutions:

a.          Resolution Adopting Capital Facilities and Equipment Plan for County Service Area No. 107 – Elfin Forest

b.         Resolution Adopting Capital Facilities and Equipment Plan for County Service Area No. 109 – Mount Laguna

c.          Resolution Adopting Capital Facilities and Equipment Plan for County Service Area No. 110 – Palomar Mountain

d.         Resolution Adopting Capital Facilities and Equipment Plan for County Service Area No. 111 – Boulevard

e.          Resolution Adopting Capital Facilities and Equipment Plan for County Service Area No. 112 – Campo

f.           Resolution Adopting Capital Facilities and Equipment Plan for County Service Area No. 113 – San Pasqual

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Cox the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting the following Resolutions:

00-375, entitled:  RESOLUTION ADOPTING CAPITAL FACILITIES AND EQUIPMENT PLAN FOR COUNTY SERVICE AREA NO. 107 – ELFIN FOREST

00-376, entitled:  RESOLUTION ADOPTING CAPITAL FACILITIES AND EQUIPMENT PLAN FOR COUNTY SERVICE AREA NO. 109 -  MT. LAGUNA

00-377, entitled:  RESOLUTION ADOPTING CAPITAL FACILITIES AND EQUIPMENT PLAN FOR COUNTY SERVICE AREA NO. 110 – PALOMAR MOUNTAIN

00-378, entitled:  RESOLUTION ADOPTING CAPITAL FACILITIES AND EQUIPMENT PLAN FOR COUNTY SERVICE AREA NO. 111 – BOULEVARD

00-379, entitled:  RESOLUTION ADOPTING CAPITAL FACILITIES AND EQUIPMENT PLAN FOR COUNTY SERVICE AREA NO. 112 – CAMPO

00-380, entitled:  RESOLUTION ADOPTING CAPITAL FACILITIES AND EQUIPMENT PLAN FOR COUNTY SERVICE AREA NO. 113 – SAN PASQUAL.

3.         SUBJECT:     ALL-WAY STOP AT THE INTERSECTION OF DEL DIOS HIGHWAY AND EL CAMINO DEL NORTE IN RANCHO SANTA FE
(Supv. Dist:  3)

OVERVIEW:

Supervisor Slater Board letter adopted September 13, 2000, (3).

On April 12, 2000 (7-T), the Board of Supervisors accepted the recommendation of the San Dieguito Community Planning Group and the Traffic Advisory Committee and passed a resolution establishing an all-way stop control at the intersection of Del Dios Highway and El Camino del Norte.  The Board directed this control be monitored and two reports prepared on its operation; one after 90 days and another after 180 days.  The stop control became operational on August 9, 2000. On September 13, 2000, the Board received a preliminary report and directed the Chief Administrative Officer to continue the study for the originally directed 90-day period and report back to the Board; and to work with Rancho Santa Fe Association and San Dieguito Community Planning Group to evaluate the possibility of a traffic signal acceptable to the community, with review after Highway 56 is constructed.

This letter transmits the 90-day report on operation of this intersection, and provides three alternative actions for Board consideration: leave the all-way stop control in place and study its operation for an additional 90 day period; remove the all-way stop control and return control of the intersection to stopping only El Camino del Norte; or place the intersection on the traffic signal priority list for installation of a traffic signal.

FISCAL IMPACT:

Funds for this proposal are budgeted in the Department of Public Works Road Fund.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1.            Find pursuant to Section 15301(c) of California Environmental Quality Act (CEQA) Guidelines that the following actions are exempt from environmental review as part of operation of existing streets.

2.            Receive a 90-day report on the all-way stop at the intersection of Del Dios Highway and El Camino Del Norte in the community of Rancho Santa Fe.

3.            Consider the following alternatives:

A.  Leave the all-way stop control in place and study its operation for an additional  90 day period, OR

B.     After appropriate notification to the public, remove the all-way stop control and return control of the intersection to stopping only El Camino del Norte, OR

C.       Place the intersection on the traffic signal priority list for installation of a traffic signal.

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Slater the Board of Supervisors took action as recommended on recommendations 1, 2 and 3B, and adopting Resolution No. 00-387 entitled:  RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 305 RELATING TO THE ESTABLISHMENT OF THROUGH HIGHWAYS IN THE COUNTY OF SAN DIEGO.

4.         SUBJECT:     THE CONCEPT OF NUMERIC SIZING CRITERIA FOR POST- CONSTRUCTION STORMWATER BEST MANAGEMENT PRACTICES AT SIGNIFICANT NEW AND REDEVELOPMENT PROJECTS
(Supv. Dist:  All)

OVERVIEW:

On October 11, 2000 (14), Supervisor Slater recommended the Board of Supervisors adopt a resolution supporting the concept and implementation of numeric sizing criteria for post-construction stormwater best management practices at significant new and redevelopment projects.  There was no staff presentation.  After public testimony and Board discussion, the Board of Supervisors continued the item and directed the Chief Administrative Officer to return to the Board with additional information.  This letter responds.

FISCAL IMPACT:

There is no fiscal impact associated with this action. Receive this report containing additional information concerning the concept of numeric sizing criteria for post-construction stormwater best management practices at significant new and redevelopment projects.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Receive this report containing additional information concerning the concept of numeric sizing  criteria for post-construction stormwater best management practices at significant new and redevelopment projects.

ACTION:

Directing the Chief Administrative Officer to meet with representatives in the environmental community and other interested parties on numeric sizing and the regional water quality control draft permit for additional input, ON MOTION of Supervisor Horn, seconded by Supervisor Cox the Board of Supervisors took action as recommended, on Consent.

5.         SUBJECT:     AUTHORITY TO CONTRACT CONSULTANT FOR TRAIL SYSTEM ASSESSMENT SERVICES
(Supv. Dist:  All)

OVERVIEW:

On September 13, 2000 (4) the Board directed the Chief Administrative Officer to identify funding for a Trails Strategic Plan to be developed by the Departments of Parks and Recreation, Planning and Land Use, and Public Works.  The Board also found that riding and hiking trails outside of County parkland and road rights-of-way are a legitimate and necessary form of public recreation the County should provide.

To develop the Trails Strategic Plan and implementation guidance, staff proposed an assessment of current trail issues that will result in delineation of trail system options and a recommended course of action for Board consideration.  Each option will include financial analysis, identification of resources necessary for implementation, and suggested modifications to the County General Plan. Also proposed were planning, coordination and peer review activities, using consultant services.

Together, this work will total approximately $473,000. The first quarter fund balance Board item, scheduled for hearing on November 14, 2000, proposed operational transfer of $273,000 from Land Use and Environment Group reserves to a Department of Public Works General Fund account for Trail Planning and Development.  These funds, when added to $200,000 already available for this project, would complete funding needs for development of the Trails Strategic Plan.  This action will operationally transfer $150,000 of the $200,000 already available from the Department of Public Works Road Fund to a trails account established in the Public Works General Fund for this project.   The remaining $50,000 is already encumbered for this activity.

Also requested is authorization to award a consultant contract for a Trail System Assessment for compensation not to exceed $250,000, upon recommendation of the Department of Public Works; and designation of the Director of the Department of Public Works as County Officer responsible for administering the contract.

FISCAL IMPACT:

Actions requested in recommendations 2 and 3 will ensure funding is in place in a single activity account for billing and accounting purposes. Funds for the Trail Strategic Plan are budgeted, contingent on approval of First Quarter Fund Balance. Funding in the amount of $273,000 was proposed to be operationally transferred as part of a First Quarter Fund Balance, an item scheduled for the November 14, 2000 Board meeting. $50,000 was encumbered in FY 1999-00, and $150,000 has been budgeted in the Department of Public Works Detailed Work Program.  Funding source is Gas Tax. Current year costs to develop the Trails Strategic Plan will be up to $473,000, and will be expended on as-needed consultant agreements.

Consultant for Trail System Assessment

Funds for this proposal, a consultant contract to conduct the Trail System Assessment portion of the Trails Strategic Plan, will result in a current year cost not to exceed $250,000, no annual cost and will require no additional staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1.        Find that this proposal is exempt from requirements of the California Environmental Quality Act (CEQA), as specified in Section 15262 of CEQA Guidelines, as these actions relate to feasibility and planning studies and will not result in a direct or reasonably foreseeable indirect physical change to the environment.

2.        Approve and authorize transfer of appropriations in the amount of $150,000 from Org 5766, Account 2324, Task 324, Activity H11031, Trails, to Org 5766, Account 6310, Task 324, Activity H11031 (Operating Transfer Account), to provide funding for Department of Public Works Trails Strategic Plan. (4 VOTES)

3.        Approve and authorize establishment of appropriations in the amount of $150,000 in the Department of Public Works General Fund, Org 5876, Account 2376, Activity 310TSP, Trails Strategic Plan, based on an Operating Transfer from the Road Fund. (4 VOTES)

4.      Pursuant to Board Policy F-40, Procuring Architectural, Engineering, and Related Services, approve and authorize the Director, Department of Public Works to solicit proposals and enter into negotiations for Trail System Assessment, and subject to successful negotiations and determination of a fair and reasonable price, authorize the Deputy Director, Purchasing and Contracting Division, Department of General Services to award a contract for an amount not to exceed $250,000, contingent upon November 14, 2000 Board approval of First Quarter Fund Balance.

5.      Designate the Director of the Department of  Public Works as the County Officer

Responsible for administering the contract.

ACTION:

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

6.         SUBJECT:     JOINT EXERCISE OF POWERS AGREEMENT BETWEEN PARTICIPATING AGENCIES IN METROPOLITAN SEWERAGE SYSTEM INCLUDING ALPINE, LAKESIDE, SPRING VALLEY SANITATION DISTRICTS AND WINTER GARDENS SEWER MAINTENANCE DISTRICT
(Supv. Dist:  1,2,4)

OVERVIEW:

Alpine, Lakeside, and Spring Valley Sanitation Districts, along with Winter Gardens Sewer Maintenance District, contract with the City of San Diego for Sewage treatment and disposal (Metro Agreement) as participating agencies in the Metropolitan Sewerage System (Metro).

On May 11, 1999 (15), the Board approved a Joint Exercise of Powers Agreement (JPA) to form the Metro Sewer Public Financing Authority to provide bond financing capability to each participating agency for their share of Metro capital facilities. These costs are estimated at $110 million over the next ten years ($18 million for County Sanitation Districts).

Although approved by the Board, the agreement was not approved by all the participating agencies at that time. Some agencies requested minor, non-substantive changes in recitals, title of agreement, and description of the agreement’s purpose. For example, the new agreement includes more elaboration in the recitals and purpose sections by referencing the purpose of the Metro Agreement.  The title of the new agreement is changed to “Joint Exercise of Powers Agreement Metro Wastewater JPA.” They also requested a change to title of group formed by the agreement, to “Metro Wastewater JPA.”  The actual purpose, intent and result of the agreement remains the same as that previously approved by the Board.

The Metro Wastewater JPA includes the authority and responsibility to take actions and make decisions pertaining to their mutual interest in the Metro Agreement. Most participating agencies have or are will approve the agreement. However, The City of Chula Vista City Council did not approve the agreement because they saw no advantage of joining the JPA at this time.

County Counsel has reviewed the changes to the agreement and determined they are not substantial, but recommended the agreement returned to the Board for reapproval. Staff recommends the Board and Sanitation Districts reapprove the agreement.  This action will enable the County to continue to work with other participating agencies in providing oversight of the City of San Diego's operation at Metro.

FISCAL IMPACT:

Funds for this request are available in the Alpine, Lakeside and Spring Valley Sanitation Districts and Winter Gardens Sewer Maintenance District fund balances. If approved, annual costs would be limited to a fair share of the JPA’s administrative expenses not related to bond sales. Administrative expense is anticipated to remain nearly the same as current AFFORD administrative costs, at approximately $26,000 annually.  The County will not be responsible for any bond financing.  This request will require no additional staff years and will have no impact on the General Fund.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1.         Find this action is exempt from environmental review under California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) because there is no possibility the activity in question may have a significant impact on the environment.

2.         Approve and authorize the Clerk of the Board to execute, upon receipt, the Joint Exercise of Powers Agreement to form the Metro Wastewater JPA on behalf of Alpine Sanitation District, Lakeside Sanitation District, Spring Valley Sanitation District, and Winter Gardens Sewer Maintenance District.

ACTION:

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

7.         SUBJECT:     AGREEMENT WITH OVERFLOW CONSULTANT FIRM TO PROVIDE PLANNING AND PERMIT PROCESSING SERVICES ON AN AS-NEEDED BASIS – SECOND AMENDMENT

(Supv. Dist:  All)

OVERVIEW:

The Department of Planning and Land Use has established an “As-Needed” contract to assist the department with planning and permit processing services for privately initiated discretionary land use applications.  The purpose was to utilize this contract during seasonal and development fluctuations in the land use application workload.  As a result of an increase in staff vacancies and an increase in real estate development activity, the Department of Planning and Land Use has relied much more heavily on this contract than originally anticipated.  As a result, the contracted amount is insufficient for the contract period.

The Department of Planning and Land Use selected the consultant firm of Robert Bein, William Frost and Associates to perform these services.  The consultant was selected in accordance with provisions of Board Policy F-40, Procuring Architectural, Engineering and Related Professional Services.  Public Agencies in California must use a Qualifications Based Selection method to contract for consultant services.  This method requires such services be engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at a fair and reasonable cost.  Board Policy F-40 describes the County’s method for Qualifications Based Selection. Robert Bein, William Frost and Associates were selected because their qualifications most closely matched the project needs.  This contract was amended on June 14, 2000 to increase the originally budgeted amount of the contract from $90,000 to $280,000.

Since that time, the number of discretionary permit applications continued to increase and staff vacancies have been difficult to fill.  In response to this increased workload, additional projects have been assigned to the overflow consultant above previous projections.

The action before the Board today is to approve an increase in the contract value for this contract from $280,000 to $580,000 and waive the Countywide announcement requirement for projects over $250,000 pursuant to Board Policy F-40.

FISCAL IMPACT:

Funds for this request are budgeted in services and supplies.  If approved, this request will result in $133,333 in additional consultant costs in the current year and $166,667 in FY 01-02, and the addition of 0.0 staff years.  The funding source is private developer permit and land use fees and deposits.

BUSINESS IMPACT STATEMENT:

Approval of this request will facilitate the timely processing of applicant land use permits, thus preventing delays to the applicant’s project.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1.         Find in accordance with Section 15061(b)(3) 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 the activity is not subject to the California Environmental Quality Act.

2.         Waive the Countywide announcement requirement for projects over $250,000 of Board of Supervisors Policy F-40, Procuring Architectural, Engineering and Related Professional Services.

3.         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 personal in the Classified Service.

4.         Approve and authorize the Deputy Director, Purchasing and Contracting Division of the Department of General Services to execute an amendment to Contract No. 44274 with Robert Bein, William Frost and Associates, for additional planning and permit processing services on an as-needed basis for an amount not to exceed $580,000 through Fiscal Year (FY) November 2000 through June 2002.  (4 VOTES)

5.         Designate the Director of Planning and Land Use as the County Officer responsible for administering the contract.

ACTION:

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

8.         SUBJECT:     AUTHORIZATION TO APPLY FOR AND ACCEPT GRANT FUNDS  FOR HABITAT MONITORING PROJECTS

(Supv. Dist:  1,2,3)

OVERVIEW:

The 2000-2001 California Department of Fish and Game  budget includes $1.6 million for grants to local jurisdictions for urgent implementation tasks identified in the Natural Community Conservation Planning Program.  Eligible applicants include any Natural Community Conservation Planning participating jurisdiction within the 6,000 square mile Coastal sage scrub Natural Community Conservation Planning area.  Jurisdictions must have executed, or submitted for execution, an Implementing Agreement with the California Department of Fish and Game by June 30, 2000.  The Departments of Parks and Recreation and Planning and Land Use have submitted three preliminary proposals to the California Department of Fish and Game, of which two have been selected for funding.

This action will authorize the Departments of Parks and Recreation and Planning and Land Use to apply for, and accept $114,231 in grant funding from the California Department of Fish and Game for the following projects: 1) California Gnatcatcher Distribution Study in the Lakeside area of the County of San Diego ($69,431), and 2) Sensitive Plant Monitoring in the County of San Diego ($44,800).

FISCAL IMPACT:

Department of Parks and Recreation

The funding source is the California Department of Fish and Game.  If approved, this request will result in $69,431 in current year costs, no annual cost and the addition of no staff years.

Department of Planning and Land Use

The funding source is the California Department of Fish and Game.  If approved, this request will result in $44,800 in current year costs, no annual cost and the addition of no staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1.         Find in accordance with Sections 15301 (i) and 15306 of the California Environmental Quality Act Guidelines that the Sensitive Plant Monitoring in the County of San Diego and the California Gnatcatcher Distribution Study in the Lakeside area of the County of San Diego are exempt from the California Environmental Quality Act as these projects pertain to maintenance of wildlife habitat areas to protect wildlife resources and basic data collection which does not result in a serious or major disturbance to an environmental resource.

2.         Waive Board Policy A-91, Mid-Year Budget Changes.

3.         Adopt the Resolution of the San Diego County Board of Supervisors Authorizing the Departments of Parks and Recreation and Planning and Land Use to apply for, and accept $114,231 of grant funds and enter into a grant agreement with the State of California Department of Fish and Game Natural Community Conservation Planning Program.

4.         Authorize the Director of the Department of Parks and Recreation as agent of the County of San Diego to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests, etceteras, which may be necessary for the completion of the California Gnatcatcher Distribution Study in the Lakeside area of the County of San Diego.

5.         Authorize the Director of the Department of Planning and Land Use as agent of the County of San Diego to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests, etceteras, which may be necessary for the completion of the Sensitive Plant Monitoring in the County of San Diego.

6.         Authorize and approve the establishment of appropriations in the amount of $49,950 in the Department of Parks and Recreation Budget (Org. #5116, Account #2315) for a consultant contract for the California Gnatcatcher Distribution Study, based on grant funds from the California Department of Fish and Game.  (4 VOTES)

7.         Authorize and approve the establishment of appropriations in the amount of $7,500 in the Department of Planning and Land Use Salaries Budget (Org. #5665, Account #1101) for the California Gnatcatcher Distribution Study, based on grant funds awarded to the Department of Parks and Recreation from the California Department of Fish and Game.  (4 VOTES)

8.         Approve and authorize the establishment of appropriations in the amount of $5,000 in the Department of Parks and Recreation Salaries Budget (Org. #5116, Account #1101) for the California Gnatcatcher Distribution Study, based on grant funds from the California Department of Fish and Game.  (4 VOTES)

9.         Approve and authorize the establishment of appropriations in the amount of $30,600 in the Department of Planning and Land Use Budget (Org. #5665, Account #2425) for consultant and associated costs for Sensitive Plant Monitoring, based on grant funds from the California Department of Fish and Game.  (4 VOTES)

10.       Approve and authorize the establishment of appropriations in the amount of $7,100 in the Department of Planning and Land Use Salaries Budget (Org. #5665, Account #1101) for Sensitive Plant Monitoring, based on grant funds from the California Department of Fish and Game.  (4 VOTES)

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Cox the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 00-381, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS AUTHORIZING THE DEPARTMENTS OF PARKS AND RECREATION AND PLANNING AND LAND USE TO APPLY FOR AND ACCEPT $114,231 OF GRANT FUNDS AND ENTER INTO A GRANT AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME.

9.         SUBJECT:     SAN DIEGO UNIFIED SCHOOL DISTRICT - 1998 GENERAL  OBLIGATION BOND, SERIES B
(Supv. Dist:  All)

OVERVIEW:

On November 3, 1998, voters within the San Diego Unified School District approved the issuance of up to $1.5 billion in general obligation bonds for the purpose of repairing and modernizing deteriorating campus infrastructures, as well as, enabling class size reductions.  The San Diego Unified School District Board of Education therefore requests approval for the County to sell bonds on their behalf in an amount not to exceed $150 million.  This will be the second in a series of bond sales, guided by a Citizen's Oversight Committee, District officials, County officers, and professional staff retained by the District

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:

TREASURER-TAX COLLECTOR AND CHIEF FINANCIAL OFFICER:

Adopt the Resolution Authorizing the Issuance and Sale of General Obligation Bonds for the San Diego Unified School District.

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Cox the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 00-382, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $150,000,000 OF BONDS OF THE SAN DIEGO UNIFIED SCHOOL DISTRICT BY A NEGOTIATED SALE PURSUANT TO A BOND PURCHASE CONTRACT, PRESCRIBING THE TERMS OF SALE OF SAID BONDS, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF SAID BOND PURCHASE CONTRACT, AND AUTHORIZING THE EXECUTION OF NECESSARY CERTIFICATES RELATING TO SAID BONDS.

10.       SUBJECT:     ADMINISTRATIVE ITEM:
Approval of a Final Map and Secured Agreement for Public and Private Improvements for County of San Diego Tract NO 4971-1 (SYCAMORE HEIGHTS), AND ADOPTION OF A RESOLUTION ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION, Located in FALLBROOK COMMUNITY Planning Area
(Supv. Dist:  5)

OVERVIEW:

This project is a subdivision consisting of 15 single-family residential lots, and a total area of 48.09 acres.  It is located in the Bonsal area on Linda Vista Drive, approximately 0.7 miles north of the intersection with Via Monserate.  (Thomas Guide, Page 1048, B3, 2000 Edition)

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

FISCAL IMPACT:

None.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1.         Approve this map and accept on behalf of the public, subject to improvements, the portion of Linda Vista Drive (SC130), the portion of Knottwood Way (SC130) west of access opening no. 1, and Area “A” and Area “B” together with the right to construct and maintain slopes and drainage facilities beyond the limits of said rights-of-way, all for use as a street as dedicated on said map.

2.         Accept, on behalf of the public, the portion of Knottwood Way (SC130) east of access opening no. 1 solely for designation for public use, not to be included in the County maintained system and not accepting responsibility for controlling or maintaining the road.

3.         Accept the access rights from lots 1, 2, 3, and 5 in and to Linda Vista Drive (SC130) and from lots 6 and 7 in and to Knottwood Way (SC130) except at access opening no. 1, as relinquished and waived on said map.

4.                  Accept the access restriction easement across the portion of lot 10 as granted on said map.

5.         Accept the clear space easement across the portion of lot 5 as granted on said map.

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

7.         Adopt the attached “Resolution Accepting An Irrevocable Offer Of Dedication” (Attachment B) accepting the previous Irrevocable Offer Of Dedication recorded July 7, 1976 as File/Page No. 76-212774 over the portion of Parcel 1 and Parcel 2 on Parcel Map 4917, and direct the Clerk of the Board of Supervisors to record the adopted resolution with the San Diego County Recorder.

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Cox the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 00-383, entitled: RESOLUTION ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION..

11.       SUBJECT:     ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE
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 1, 2000 (3), your Board introduced Ordinances for further Board consideration on November 15, 2000.

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:

Adopt Ordinances entitled:

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.

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.

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.

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Cox the Board of Supervisors took action as recommended, on Consent, adopting the following Ordinances:

No. 9269 (N.S.) entitled:   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

No. 9270 (N.S.) entitled: AN ORDINANCE AMENDING SECTION 455 (f) OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO INACTIVE WASTE SITE MANAGEMENT, DEPARTMENT OF PUBLIC WORKS

No. 9271 (N.S.) entitled:  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

12.       SUBJECT:     ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE
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 November 1, 2000 (7), your Board introduced Ordinances for further Board consideration on November 15, 2000.

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:

Adopt Ordinances entitled:

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

      (Relates to Sanitation District Agenda Item No.2)

ACTION:

ON MOTION of Supervisor Horn, seconded by Supervisor Cox the Board of Supervisors took action as recommended, on Consent, adopting the following Ordinances:

No. 9272 (N.S.), entitled:  AN ORDINANCE AMENDING ARTICLE XXXI OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO PUBLIC IMPROVEMENT AND ASSESSMENT PROCEEDINGS;

No. 9273 (N.S.), entitled:  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;

No. 9274 (N.S.), entitled:  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;

No. 9275 (N.S.), entitled:  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 ;

No. 9276 (N.S.), entitled:  AN ORDINANCE OF THE EAST OTAY MESA SEWER MAINTENANCE DISTRICT PROVIDING FOR ADOPTION OF SAN DIEGO COUNTY ORDINANCE  9272  (N.S.) BY REFERENCE

No. 9277 (N.S.), entitled:  AN ORDINANCE OF THE WINTER GARDENS SEWER MAINTENANCE DISTRICT PROVIDING FOR ADOPTION OF SAN DIEGO COUNTY ORDINANCE  9272  (N.S.) BY REFERENCE

There being no further business, the Board adjourned at 9:39 a.m.

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

       Notes by: Galang                                                                                     - - -

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.