1.

NOTICED PUBLIC HEARING:

PROPOSED 2001 - 2002 BUDGETS:  COUNTY SERVICE AREA, LIGHTING AND MAINTENANCE DISTRICTS; COUNTY SANITATION DISTRICTS; PERMANENT ROAD DIVISION; AIR POLLUTION CONTROL DISTRICT; FLOOD CONTROL DISTRICT; REDEVELOPMENT AGENCIES; CHIEF ADMINISTRATIVE OFFICER'S PROPOSED OPERATIONAL PLAN – FISCAL YEAR 2001 - 2001 AND 2002 - 2003

This item has been set for a 2:00 p.m. Time Certain.

2.

LIQUOR LICENSES FOR INDIAN GAMING AND RESORT FACILITIES

(CARRYOVER FROM 05/23/2001, AGENDA NO. 29)

3.

FOOT AND MOUTH DISEASE

(CARRYOVER FROM 05/23/2001, AGENDA NO. 9)

4.

MITIGATING IMPACTS TO UNINCORPORATED AREA RESIDENTS OF UTILITY AND TELECOMMUNICATIONS CONSTRUCTION PROJECTS WITHIN COUNTY ROAD RIGHT OF WAY 

5.

AN ORDINANCE AMENDING INTERIM ORDINANCE NO. 9226 (N.S.) AS PREVIOUSLY AMENDED BY ORDINANCE NO. 9235 (N.S.) RESTRICTING CERTAIN USES WITHIN THE EAST OTAY MESA SPECIFIC PLAN AREA

(4 VOTES)

6.

TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

7.

REVENUE CONTRACT WITH SAN DIEGO GAS AND ELECTRIC FOR ELECTRICITY GENERATED AT JAMACHA LANDFILL

8.

ADOPT NEGATIVE DECLARATION AND APPROVE COOPERATIVE AGREEMENT WITH CALTRANS FOR CONSTRUCTION OF TROPHY DRIVE DRAINAGE INSTALLATION AT STATE ROUTE 125 IN BROOKSIDE COMMUNITY

9.

ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF GUARD RAILING ALONG MOUNTAIN MEADOW ROAD

10.

DECLARE WESTERN END PORTION OF ROBLE GRANDE ROAD TO BE A PUBLIC ROAD IN PERMANENT ROAD DIVISION ZONE NO. 94 – ROBLE GRANDE ROAD IN ALPINE

(4 VOTES)

11.

EXECUTION OF COUNTY – STATE AGREEMENT NO. X00-5957 (052) COVERING STATE MATCHING FUNDS AND STATE EXCHANGE FUNDS (DISTRICT: ALL)

(4 VOTES)

12.

INITIATING AN APPROACH FOR RIDING AND HIKING TRAIL PLANNING AND DEVELOPMENT

13.

REQUEST FOR LETTER OF AUTHORIZATION FOR PARTNERSHIP ON FISCAL YEAR 2001/02 LOCAL GOVERNMENT HOUSEHOLD HAZARDOUS WASTE GRANT

14.

ADMINISTRATIVE ITEM:

APPROVAL OF A FINAL MAP FOR COUNTY OF SAN DIEGO TRACT NO. 4577-2, LOCATED IN JAMUL/DULZURA PLANNING AREA

15.

CLOSED SESSION

16.

PUBLIC COMMUNICATION

1.

SUBJECT:

NOTICED PUBLIC HEARING:

PROPOSED 2001 - 2002 BUDGETS:  COUNTY SERVICE AREA, LIGHTING AND MAINTENANCE DISTRICTS; COUNTY SANITATION DISTRICTS; PERMANENT ROAD DIVISION; AIR POLLUTION CONTROL DISTRICT; FLOOD CONTROL DISTRICT; REDEVELOPMENT AGENCIES; CHIEF ADMINISTRATIIVE OFFICER'S PROPOSED OPERATIONAL PLAN - FISCAL YEAR 2001 - 2002 AND 2002 - 2003  (DISTRICT:  ALL)

This item has been set for a 2:00 p.m. Time Certain
 

On May 15, 2001 (1, 2 and 3) your Board set hearings for public comment on the proposed budgets and operational plans.
 

CHIEF ADMINISTRATIVE OFFICER:

Receive public testimony.
 

The Board closed oral testimony for Budget Hearings, Budget Deliberations to commence on June 26, 2001.

The Clerk noted that members of the public may submit written comments on the budget to the Clerk of the Board, who will forward them to the Board, Chief Administrative Officer and Chief Financial Officer, as well as placement in the official record.  All written documents must be received by the Clerk of the Board no later than 5:00 p.m., Wednesday, June 13, 2000, when Budget Hearings formally close.
 

2.

SUBJECT:

LIQUOR LICENSES FOR INDIAN GAMING AND RESORT FACILITIES (DISTRICTS:  2, 5 )

(CARRYOVER FROM 05/23/2001, AGENDA NO. 29)
 

On May 23, 2001 (29), the Board of Supervisors continued this matter to June 13, 2001; directing that no protest be filed with regard to the Rincon application and that positive support be given; and directing the Chief Administrative Officer to obtain input from Indian tribes, appropriate Planning and Sponsor Groups, and Mothers-Against-Drunk-Drive (M.A.D.D.)

Some Indian gaming tribes have applied to and/or received liquor licenses from the State Department of Alcoholic Beverage Control (ABC), and more applications are anticipated in the future.  The Chief Administrative Office was unaware that applications had been filed for the Pala and Rincon (Phase I) casinos, therefore the Chief Administrative Officer did not file a protest on these applications, and ABC granted the licenses.  In February, staff learned that the Pauma Band had filed an application with ABC, and on March 19, 2001, the County sent a letter to ABC protesting the application.  ABC has not issued the license because of the protest letter and the Pauma casino opened without it.  Rincon has applied for a liquor license for Phase II of their temporary casino and the due date for a response to the ABC is May 30, 2001.

Staff requests Board direction on how to respond to the latest Rincon application and any future applications.  Staff has prepared criteria for the Board’s consideration, which would determine whether the Chief Administrative Officer protests a Band’s application.
 

This request has no fiscal impact.
 

Some of the proposed criteria may cause the County to protest a particular application by a Band.  Such a protest from the County may have negative impacts on the Band’s project(s).
 

CHIEF ADMINISTRATIVE OFFICER:

1.      Find that Board Policy I-121, Procedure for Determining Public Convenience or Necessity For Alcoholic Beverage License Applications, does not apply to Indian gaming and resort facilities.

2.      Approve the “Resolution Of The San Diego County Board Of Supervisors Approving Procedures And Criteria For Processing Liquor License Applications For Indian Gaming And Resort Facilities”, which lists the procedures and criteria for the Chief Administrative Officer to follow when reviewing liquor license applications from gaming tribes. (Attachment A)

3.      Direct the Chief Administrative Officer to transmit the action of the Board to the Chairperson of each of the local Indian Nations, the Sheriff, the District Attorney, the California Highway Patrol and the California Department of Alcohol Beverage Control.
 

Changing the word “report” on Criteria 7 to “history,” ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, adopting Resolution No. 01- 162, entitled:  RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING PROCEDURES AND CRITERIA FOR PROCESSING LIQUOR LICENSE APPLICATIONS FOR INDIAN GAMING AND RESORT FACILITIES; directed the Chief Administrative Officer to forward the two additional recommendations made by Mothers-Against-Drunk-Driving (MADD) to Alcohol Beverage Control (ABC) requesting their consideration. The Board encouraged tribes to work closely with MADD on the development of their policies with the liquor licenses on reservation; and authorized the Chief Administrative Officer to withdraw the protest filed by the County when Pauma meets all the criteria set by the County and when all documents involved are executed and received.

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

3.

SUBJECT:

FOOT AND MOUTH DISEASE (DISTRICTS:  ALL)

(CARRYOVER FROM 05/23/2001, AGENDA NO. 9)
 

On May 23, 2001 (9), the Chairman continued this matter to June 13, 2001.

An outbreak of the highly contagious foreign animal disease, Foot and Mouth Disease (FMD) was detected on a British farm on February 21, 2001.  The outbreak quickly spread to other farms in England and jumped into the neighboring countries of France, the Netherlands and Belgium.  On February 23, 2001, The United Nations Animal Health, Food and Agriculture Organization (FAO), warned that Foot and Mouth disease had grown into a global crisis.  The same day, U.S. Department of Agriculture banned importation of swine and ruminants, as well as fresh, chilled, or frozen meat products from the United Kingdom, and later extended the ban to include other infected European countries.  These preventative measures were part of a coordinated program to prevent the disease from spreading into the United States. 

FMD has the ability to spread rapidly, and because it has serious economic as well as clinical consequences, FMD is widely believed to be the most economically devastating livestock disease in the world.  If FMD were introduced into the United States, which is FMD-free, it could cause billions of dollars in losses to the U.S. economy.  An outbreak costs a country millions of dollars to fight, and thousands of animals can be lost.  Additionally, livestock markets must be closed to prevent the spread of infection, dairies will not be able to operate, and transportation of livestock must cease.  Furthermore, there is the cost of depopulating and disposing of affected or exposed animals and vaccinating clean animals to create a disease-free buffer zone.  The disease is currently affecting four of the world’s seven continents: Asia, Africa, South America, and Europe, leaving only North America, Australia, and Antarctica free of the disease.  Although the disease is not a risk to humans, people who have worked around or been near infected animals can carry and spread the virus via their cars, clothing, shoes, and even through their respiratory tracts.

California is the nation’s top agricultural producer.  San Diego County alone accounts for 29,000 head of cattle and calves and 640 head of lamb and sheep at a value of  $15,508,540.  The value of milk reported in San Diego County for 2000 was $16,920,837.

An unprecedented 50.9 million international travelers visited the United States in 2000, exceeding last year’s record by five percent.  In 1999, foreign travelers spent $8 million dollars on tourism in San Diego County and $24.9 million in the state of California.   An FMD outbreak in San Diego County would not only kill animals and wildlife, but would also severely hurt the restaurant business, markets, tourism and other key sectors of the economy.

Currently, the Department of Agriculture, Weights and Measures has developed a Foreign Animal Disease Working Group.  The purpose of the group is to coordinate and share ongoing information with county departments that may be impacted if FMD is discovered in San Diego County.
 

This request has no fiscal impact, and will not require the addition of any staff years.  The request will also be handled by the current and next year’s budget.
 

CHIEF ADMINISTRATIVE OFFICER

1.      Support activities of federal, state, and local agencies, as well as private organizations and entities to prepare for, prevent, respond to, and recover from an outbreak of FMD.

2.      Support legislation to make funding available for both emergency response and indemnity in the event of an outbreak.

3.      Support the office of the County Veterinarian of the Department of Agriculture, Weights and Measures in its efforts to heighten awareness and monitor the FMD situation in San Diego to ensure protection of the County’s $33 million livestock, wildlife, and livestock product industry.

4.      Direct the Chief Administrative Officer to provide a regular status report to the Board of Supervisors.
 

There being no motion and no objection, the Board heard presentation from staff and took action as recommended.
 
 

4.

SUBJECT:

MITIGATING IMPACTS TO UNINCORPORATED AREA RESIDENTS OF UTILITY AND TELECOMMUNICATIONS CONSTRUCTION PROJECTS WITHIN COUNTY ROAD RIGHT OF WAY  (DISTRICTS: ALL)
 

Supervisor Jacob Board letter adopted April 4, 2001 (23).

On April 4, 2001 (23), the Board directed the Chief Administrative Officer to expedite completion of construction and reduce the impacts of the installation of fiber-optic lines on unincorporated communities; increase County inspections on site at contractor expense; and investigate the possibility of compensating residents, businesses, and county taxpayers for the inconvenience caused by the installation of fiber-optic lines as well as use of the public right of way. 

This report explains parameters of County control in these situations and outlines several actions being taken to minimize inconvenience and impacts to residents.  Among these actions are requirement of a Community Communications Plan prior to construction, and increased construction inspection with special attention to planning to minimize noise and inconveniences. Although it is not possible to impose a compensation for residents or businesses, in the future the County may wish to consider a Trench Cut Fee to assist in offsetting additional costs the County may incur in maintenance of roads relating to underground utility installations. Any additional revenues from such a fee would be used to enhance road maintenance efforts, thus benefiting county taxpayers.
 

Receipt of this report, and actions described herein, will result in no fiscal impact.
 

CHIEF ADMINISTRATIVE OFFICER

Receive this report and direct the Chief Administrative Officer to implement improvements in the Encroachment Permit process to enhance community communication and reduce impacts of utility construction projects in County road right of way.
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

5.

SUBJECT:

AN ORDINANCE AMENDING INTERIM ORDINANCE NO. 9226 (N.S.) AS PREVIOUSLY AMENDED BY ORDINANCE NO. 9235 (N.S.) RESTRICTING CERTAIN USES WITHIN THE EAST OTAY MESA SPECIFIC PLAN AREA (DISTRICT: 1)

(4 VOTES)
 

This is a request for a 12-month extension of Interim Ordinance No. 9226 (N.S.), which established a 45-day interim prohibition on certain uses within the East Otay Mesa Specific Plan Area and an amendment to the land use map, shown in Ordinance No. 9226 (N.S.) as Exhibit A, to reflect the land use pattern in the proposed Specific Plan Amendment.  The Interim Ordinance, approved by the Board of Supervisors on June 21, 2000 (14), and extended for 10 months and 15 days on July 26, 2000 (4), (No. 9235 N.S.), restricts incompatible uses in the East Otay Mesa Specific Plan Area until the Specific Plan is comprehensively updated to more fully guide land use, infrastructure and facility financing.  The Ordinance identifies and reserves an area for a potential regional technology business park development, and segregates impactive heavy industrial uses from other industrial uses.  The Ordinance also allows temporary uses, but prohibits the siting of incompatible uses.
 

No fiscal impact is associated with this action.
 

CHIEF ADMINISTRATIVE OFFICER:

1.   Find that the Environmental Impact Report on file in the Department of Planning and Land Use as Environmental Review No. 95-08-001 has been completed in compliance with the California Environmental Quality Act and State and County California    Environmental Quality Act Guidelines, that the decision-making body has reviewed and considered the information contained therein prior to approving the project, that the    Environmental Impact Report reflects the independent judgment and analysis of the Board of Supervisors.

2.  Find that there are no changes in the project or in the circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously certified Environmental Impact Report, or a substantial increase in the severity of previously identified significant  effects, and than no new information of substantial importance has become available since said Environmental Impact Report was prepared.

3.   Adopt the Form of Ordinance entitled:

      “AN ORDINANCE AMENDING INTERIM ORDINANCE NO. 9226 (N.S.) AS PREVIOUSLY AMENDED BY ORDINANCE NO. 9235 (N.S.) RESTRICTING CERTAIN USES WITHIN THE EAST OTAY MESA SPECIFIC PLAN” (4 Votes)
 

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Ordinance No. 9344 (N.S.), entitled:  AN ORDINANCE AMENDING INTERIM ORDINANCE NO. 9226 (N.S.) AS PREVIOUSLY AMENDED BY ORDINANCE NO. 9235 (N.S.) RESTRICTING CERTAIN USES WITHIN THE EAST OTAY MESA SPECIFIC PLAN.

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

6.

SUBJECT:

TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (DISTRICTS: 2, 3, AND 5)
 

The Traffic Advisory Committee (TAC) meets every six weeks to review proposed changes or additions to regulatory traffic controls.  28 items were on the Committee’s April 6, 2001 meeting agenda.  The Committee recommends your action on 19 items, as six items (2G, 2I, 2L, 5G1, 5G2, and 5H)) were continued prior to the meeting by various planning groups.  Items 5A, 5B, and 6A were deleted by staff from the agenda prior to the meeting.  Of the 19 items, 13 are recommended for adoption.  The Committee recommends non-adoption or alternative action for 6 items (2A, 2H, 2J, 2K, 5D, and 5K).
 

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

Consider and file report including the following recommendations:

2-A.     Campo Road, in vicinity of bus stop at 9550 Campo Road, CASA DE ORO-Do not establish a mid-block crosswalk.  Do install pedestrian warning signs for both directions of traffic in advance of bus stop.

2-B.     Campo Road between Rogers Road and Kenwood Drive (east leg), CASA DE ORO-Reduce the existing 40 MPH speed limit to 35 MPH.

2-C.     Moreno Avenue between Willow Road and Vigilante Road, LAKESIDE-Amend the limits of the existing 45 MPH speed zone.  Direct the existing 45 MPH speed limit be certified for radar speed enforcement.

2-D.     11^th Street between State Route 67 and San Vicente Road, RAMONA-Amend limits of the existing 35 MPH speed zone.  Direct the 35 MPH speed limit be certified for radar speed enforcement.

2-E.     Montecito Road from a point 800 feet east of Alice Street westerly to End, RAMONA-Continue this item to May 18^th Traffic Advisory Committee meeting.

2-F.      Raymond Avenue and Hunter Street, RAMONA-Continue this item.

2-G.     This item was continued prior to the meeting at the request of Jamul/Dulzura Community Planning Group.

2-H.     Campo Road and Kenwood Drive (west leg), SPRING VALLEY-Do not place on the County’s Traffic Signal Priority List.

2-I.       This item was continued prior to the meeting at the request of the Spring Valley Community Planning Group. 

2-J.      Dickey Drive and Alta Rica Drive, MT. HELIX-Do not establish a stop control for westbound motorists on Dickey Drive.

2-K.     Lyons Drive and Dickey Drive, MT. HELIX-Do not establish a stop control for northbound motorists on Lyons Drive.

2-L.     This item was continued prior to the meeting at the request of the Lakeside Community Planning Group.

District 3

3-A.     Aliso Canyon Road between El Camino del Norte and Avenida del Duque, RANCHO SANTA FE-Establish a 45 MPH speed limit.  Direct this speed zone be certified for radar speed enforcement.

3-B.    Via de Fortuna between La Crescenta and San Elijo, RANCHO SANTA FE-Direct the existing 45 MPH speed limit be certified for radar speed enforcement.

3-C.     Prairie Springs Road, south side, from a point 30 feet west of Lark Vista Drive easterly 120 feet, RANCHO BERNARDO-Establish a parking prohibition.

 District 5

5-A.     This item was continued prior to the meeting by staff.

5-B.     This item was continued prior to the meeting by staff.

5-C.     Eldorado Drive between westerly Escondido City Limit (near Juniper Street) and easterly Escondido City Limit, ESCONDIDO-Amend existing 35 MPH speed limit.  Post as a 25 MPH Residence District.

5-D.     Dulin Road and Lake Circle Drive (east leg), PALA-Do not establish any regulatory controls.

5-E.     Rockwood Road between Cloverdale Road and San Diego City Limit, ESCONDIDO-Establish a 45 MPH speed limit.

5-F.     North Broadway from North Avenue to End, ESCONDIDO-Establish a Through Highway.

5-G1.   This item was continued prior to the meeting at the request of the Fallbrook Community Planning Group.

5-G2.   This item was continued prior to the meeting at the request of the Fallbrook Community Planning Group.

5-H.     This item was continued prior to the meeting at the request of the Fallbrook Community Planning Group.

5-I.      Santa Margarita, east side, from East Mission Road northerly 200 feet, FALLBROOK-Establish a parking prohibition.

5-J.      Country Club Drive between Escondido City Limit and Kauana Loa Drive, ESCONDIDO-Continue this item to the August 10, 2001 meeting of the Traffic Advisory Committee.

5-K.     Country Club Drive and Live Oak Road, ESCONDIDO-Do not establish an all-way stop control.

Countywide

6-A.      This item was continued prior to the meeting by staff.

Recommendations

CHIEF ADMINISTRATIVE OFFICER

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

2.   Concur with Traffic Advisory Committee's recommendations.

3.  Adopt, amend and/or delete the following Resolutions and Ordinances.

No. 301 (Items 3-C and 5-I)

No. 305 (Item 5-F)

4.   Approve the introduction of the Ordinances, (first reading), read title and waive further reading of the Ordinances (Items 3-A, 2-B, 2-C, 2-D, 5-C, and 5-E).

AN ORDINANCE AMENDING SECTION 72.173.11. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATION IN THE COUNTY OF SAN DIEGO

AN ORDINANCE AMENDING SECTION 72.173.81. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATION IN THE COUNTY OF SAN DIEGO

AN ORDINANCE AMENDING SECTION 72.169.6. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATION IN THE COUNTY OF SAN DIEGO

AN ORDINANCE AMENDING SECTION 72.169.44. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATION IN THE COUNTY OF SAN DIEGO

AN ORDINANCE AMENDING SECTION 72.161.33. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATION IN THE COUNTY OF SAN DIEGO

AN ORDINANCE ADDING SECTION 72.161.3.1. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

Submit the Ordinances for further Board consideration and adoption (second reading), on June 20, 2001.
 

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting the following Resolutions, entitled:

01-163    TRAFFIC RESOLUTION NO. 2640 – RESOLUTION AMENDING TRAFFIC                      RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO                          STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO

01-164     TRAFFIC RESOLUTION NO. 2641 - RESOLUTION AMENDING TRAFFIC                      RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO                        STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO

01-165      TRAFFIC RESOLUTION NO. 2642 - RESOLUTION AMENDING TRAFFIC                      RESOLUTION NO. 305 RELATING TO THE ESTABLISHMENT OF                                  THROUGH HIGHWAYS IN THE COUNTY OF SAN DIEGO; introducing Ordinances for further Board consideration and adoption on June 20, 2001.

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

7.

SUBJECT:

REVENUE CONTRACT WITH SAN DIEGO GAS AND ELECTRIC FOR ELECTRICITY GENERATED AT JAMACHA LANDFILL (DISTRICT: 2)
 

On February 13, 2001(12), the Board of Supervisors adopted a Resolution accepting a grant of $75,000 from the California Energy Commission.  These monies were made available under AB 970 for renewable energy development to augment peak electricity supply.  This grant will be used to offset the cost of installing microturbines at Jamacha Landfill to convert landfill gas into electricity.  Excess energy produced by the system can be sold to recoup the cost of installation and provide power to homes in the County. Staff reviewed several offers and found San Diego Gas & Electric met all selection criteria including pricing and long-term stability.

This is a request to enter into a revenue contract with San Diego Gas & Electric to sell electrical power produced by the microturbines for $136,500 annually.  This offer will result in recouping the capital cost faster than initially anticipated and will provide a stable revenue stream.
 

If approved, this request will result in no current year cost or revenue, annual revenue of approximately $136,500 to the Solid Waste Management Fund; in FY 2000-01 to offset the initial capital cost of microturbine installation and in subsequent years to offset capital investment, operation and maintenance. Funding source is revenue contract with San Diego Gas and Electric, for a term of 4.5 years. There will be no impact to the General Fund and no additional staff years will be required.
 

CHIEF ADMINISTRATIVE OFFICER

1.   Find pursuant to Section 15061 (b)(3) of the California Environmental Quality Act (CEQA) Guidelines, requested action is not subject to CEQA review because the activity in question is a request to enter into a revenue contract.  As such, there is no possibility it may have a significant effect on the environment.

2.   Approve and authorize the Clerk of the Board of Supervisors to execute three original copies of the attached contract with San Diego Gas & Electric to purchase electrical power generated by the microturbines at Jamacha Landfill at 6¢ per kilowatt for 4.5 years.
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

8.

SUBJECT:

ADOPT NEGATIVE DECLARATION AND APPROVE COOPERATIVE AGREEMENT WITH CALTRANS FOR CONSTRUCTION OF TROPHY DRIVE DRAINAGE INSTALLATION AT STATE ROUTE 125 IN BROOKSIDE COMMUNITY (DISTRICT: 2)

(4 VOTES)
 

On May 11, 1999 (12), the Board approved a cooperative agreement with California Department of Transportation (Caltrans) for design of Trophy Drive Drainage Installation at State Route (SR)-125 in the unincorporated community of Brookside.  The Board also directed the Chief Administrative Officer to communicate results of an hydrology and hydraulic analyses to the community before requesting Board authorization to proceed with final design; and to analyze issues regarding future impacts brought forward by members of the public. 

On April 12, 2000 (6), the Board directed the Chief Administrative Officer to authorize Caltrans to proceed with project design. Design is complete and the project is ready for construction. 

This is a request to approve the Negative Declaration for Trophy Drive Drainage Installation at SR-125, and to authorize execution of an agreement between the County and Caltrans for project construction. Under the agreement, Caltrans will administer construction and the County will be responsible for construction costs of approximately $2,100,000 including contingency, utilizing TransNet funding.
 

Funding in the amount of $1.3 million is budgeted for this project. Proposed actions would add $800,000 to that amount for a current year cost of $2.1 million. Funding source is TransNet, contingent upon SANDAG approval and adoption of the amended Regional Transportation Improvement Plan (RTIP) approved by the Board May 23, 2001 (11). This request will have no annual cost and will require no additional staff years.
 

CHIEF ADMINISTRATIVE OFFICER

1.  Find, on the basis of the whole record, there is no substantial evidence the project will have a significant effect on the environment.  Consider the Negative Declaration, together with comments received during public review, and adopt it, finding it reflects the independent judgment and analysis of the Board of Supervisors.

2.  Establish appropriations in the amount of $800,000 in Org 5766, Account 2324, Task 324 and Activity 1C0002 (Trophy Drive – SR-125 Drainage Improvements) based on TransNet revenue, contingent upon SANDAG approval and adoption of the amended Regional Transportation Improvement Plan (RTIP).

3.   Authorize the Clerk of the Board to execute, upon receipt, four originals of a cooperative agreement between County and State for Trophy Drive Drainage Installation at SR-125 for approximately $2,100,000.
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

9.

SUBJECT:

ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF GUARD RAILING ALONG MOUNTAIN MEADOW ROAD (DISTRICT: 5)
 

The County reconstructed Mountain Meadow Road, providing safer access from Interstate 15 to the community of Hidden Meadows, in FY 1996-98. The project included installation of concrete barriers as safety enhancement in case of an errant driver leaving the roadway.  Based on present standards, portions of the concrete barriers need to be replaced with guardrail improvements to enhance traffic safety for motorists traveling Mountain Meadow Road.

This is a request to approve advertisement and subsequent award, to the lowest responsible bidder, of a construction contract to replace portions of concrete barriers on Mountain Meadow Road with metal guardrails.
 

The FY 2000-01 Department of Public Works budget includes $83,000 for this construction project. Funding source is Gas Tax. If approved, this request will result in $83,000 current year cost, no annual cost, and will require no additional staff years.
 

CHIEF ADMINISTRATIVE OFFICER

1.   Find, in accordance with Section 15301 of California Environmental Quality Act (CEQA) Guidelines, this project is categorically exempt from CEQA review because it consists of minor alterations to existing facilities with no increase in capacity.

2.   Authorize the Director, Department of Purchasing and Contracting, to take any action authorized by Section 403 of the Administrative Code with respect to contracting for the subject public works project.

3.    Designate the Director, Department of Public Works, as County Officer responsible for administrating the contract.
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

10.

SUBJECT:

DECLARE WESTERN END PORTION OF ROBLE GRANDE ROAD TO BE A PUBLIC ROAD IN PERMANENT ROAD DIVISION ZONE NO. 94 – ROBLE GRANDE ROAD IN ALPINE (DISTRICT: 2) (4 VOTES)
 

On May 18, 1977 (34), the Board approved formation of Permanent Road Division Zone No. 94 – Roble Grande Road.  The Roble Grande Road Zone No. 94 Advisory Committee is requesting that the Board declare the final western portion of Roble Grande Road public so Permanent Road Division Zone No. 94 may improve and maintain it. Completion of recent development at the end of the road has made paving of the final portion of benefit to homeowners in the Zone. Paving is most successfully done during warm summer months, making this an optimal time for improvements.

Transfer of $29,000 from the Capital Reserve for Permanent Road Division Zone No. 94 – Roble Grande Road is also requested to ensure the Zone's needed roadwork can be completed during the coming summer season.
 

There is no General Fund impact from this request. Funding source is the Capital Reserve Account for Permanent Road Division Zone No. 94 – Roble Grande Road.  If approved, this request will result in a $29,000 current year cost for Roble Grande Road, no annual cost, and will require no additional staff years. 
 

CHIEF ADMINISTRATIVE OFFICER

1.   Find, according to Section 15061(b)(3) of California Environmental Quality Act (CEQA) Guidelines, these actions are exempt because there is no possibility the road improvement will have a significant effect on the environment.

2.   Adopt a Resolution entitled Resolution Declaring Western End Portion of Roble Grande Road To Be A Public Road, Declaring Said Road Not a County Highway and Not Accepted into the County Maintained Road System.

3.  Authorize the Chief Financial Officer to reduce the Capital Reserve designation for Permanent Road Division Zone No. 94 –Roble Grande Road in the amount of $29,000.   (4 VOTES)

4.   Establish Appropriations in Permanent Road Division Zone No. 94 – Roble Grande Road (Org 8716) in the amount of $29,000 in Account 2291 (Special Maintenance) based on fund balance made available by reduction of the Capital Reserve designation.   (4 VOTES)
 

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 01- 166, entitled:  RESOLUTION DECLARING WESTERN END PORTION OF ROBLE GRANDE ROAD TO BE A PUBLIC ROAD, DECLARING SAID ROAD NOT A COUNTY HIGHWAY AND NOT ACCEPTED INTO THE COUNTY MAINTAINED ROAD SYSTEM.

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

11.

SUBJECT:

EXECUTION OF COUNTY – STATE AGREEMENT NO. X00-5957 (052) COVERING STATE MATCHING FUNDS AND STATE EXCHANGE FUNDS (DISTRICT: ALL)

(4 VOTES)
 

This is a request to execute an Agreement with the State Department of Transportation (Caltrans) in order to receive State Matching Funds and State Exchange Funds. Both of these funding sources will be used to improve roads in the unincorporated area of San Diego County.
 

If Approved, this request will result in additional revenue of $279,960 for FY 2000-01, no annual cost or revenue and will not require the addition of staff years. There will be no fiscal impact to the County General Fund as a result of this action.
 

CHIEF ADMINISTRATIVE OFFICER

Approve and authorize the Chairperson of the Board of Supervisors to execute three copies of Agreement No. X00-5957 (052) with the State Department of Transportation (Caltrans). (4 VOTES)
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

12.

SUBJECT:

INITIATING AN APPROACH FOR RIDING AND HIKING TRAIL PLANNING AND DEVELOPMENT
 

On September 13, 2000 (4), your Board directed the Chief Administrative Officer to return on June 13, 2001 with a plan to integrate the trail plan into General Plan 2020.
 

Chief Administrative Officer to report.
 

ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors continued this item to July 18, 2001, at the request of the Chief Administrative Officer, on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

13.

SUBJECT:

REQUEST FOR LETTER OF AUTHORIZATION FOR PARTNERSHIP ON FISCAL YEAR 2001/02 LOCAL GOVERNMENT HOUSEHOLD HAZARDOUS WASTE GRANT (DISTRICT: ALL)
 

The Department of Environmental Health requests that the Board authorize the Chief Administrative Officer to submit a letter to the California Integrated Waste Management Board authorizing the City of El Cajon to submit a regional application for the Fiscal Year 2001/02 Local Government Household Hazardous Waste Grant on the County’s behalf.  The estimated grant award of $200,000 for a regional application would benefit the public by funding up to ten electronic waste collection events throughout the County, increasing education and outreach activities regarding electronic household hazardous waste and establishing partnerships with retail distributors of electronics to promote increased product stewardship and take-back programs.  Members of the Local Task Force, which consists of representatives from the nineteen local jurisdictions, as well as solid waste haulers and local non-profit environmental organizations, recommended the City of El Cajon as the lead jurisdiction for this grant because El Cajon has not received state Household Hazardous Waste grant funds within the last three grant cycles.  Thus, a grant application with El Cajon as the lead jurisdiction would be more competitive and more likely to receive funding.

The City of El Cajon would administer the grant for the region.  Participating jurisdictions are the County and the Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach and Vista.
 

There is no fiscal impact to the County in this current fiscal year or subsequent fiscal years.  The funding source will be the grant from the California Integrated Waste Management Board.  If the grant is awarded, the City of El Cajon will assume administration of these grant funds and in consultation with partner jurisdictions will implement activities for the region.  This request will result in the addition of 0 staff years.

The recommended actions will have a net zero (0) impact on the General Fund. The FY 2001/02 Household Hazardous Waste Grant is a 31 month grant effective September 1, 2001 through March 31, 2004.
 

1.  Find in accordance with Section 15308 of the California Environmental Quality Act (CEQA) Guidelines that this action is exempt from CEQA because it is an action taken by a regulatory agency to assure the protection of the environment.

2.  Authorize the Chief Administrative Officer to submit a letter to the California Integrated Waste Management Board authorizing the City of El Cajon to submit the application for the Fiscal Year 2001/02 Local Government Household Hazardous Waste Grant on behalf of the County.

3.  If the grant is awarded, authorize the Director, Department of Environmental Health, to execute any Agreements with the City of El Cajon during the grant term related to participation of unincorporated area residents in the regional program.
 

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

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

14.

SUBJECT:

ADMINISTRATIVE ITEM:

APPROVAL OF A FINAL MAP FOR COUNTY OF SAN DIEGO TRACT NO. 4577-2, LOCATED IN JAMUL/DULZURA PLANNING AREA (DISTRICT: 2)
 

This project is a subdivision consisting of 5 single-family residential lots, 1 open space lot, and a total of 30.35 acres.  It is located in the Jamacha area, on the east side of Fowler Canyon Road/Stonefield Drive, north of Jamul Drive.  (Thomas Guide, Page 1272, F-6, 2001 Edition)

The project is being brought before the Board for approval of the final map.
 

N/A
 

CHIEF ADMINISTRATIVE OFFICER

Approve this map.
 

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

AYES:        Cox, Slater, Roberts, Horn

RECUSED: Jacob
 

15.

SUBJECT:

CLOSED SESSION

A.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Rancho Viejo, LLC v. County of San Diego; San Diego Superior Court No. GIC 762582

B.         CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Helen Cheek, et al. v. County of San Diego, et al.; San Diego Superior Court No. GIC 753125

C.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Walter Barling, et al. v. County of San Diego, et al.; San Diego Superior Court No.  GIN 005840

D.        CONFERENCE WITH LEGAL COUNSEL – THREATENED LITIGATION

Anticipated litigation pursuant to section (b) of Government Code section 54956.9

No. of Potential Cases: 1         

E.         CONFERENCE WITH LEGAL COUNSEL – THREATENED LITIGATION

Anticipated litigation pursuant to section (b) of Government Code section 54956.9

No. of Potential Cases: 1         

F.         CONFERENCE WITH LABOR NEGOTIATORS

Designated Representatives:  Carlos Arauz, Madge Blakey and Mike Kolb

On Item B, by unanimous vote of the Board, with all five members present and voting, authorized payment of $295,000 to settle this lawsuit.

On Item C, by unanimous vote of the Board, with all five members present and voting, authorized payment of $75,000 to settle this lawsuit.

The Board resumed closed session; there were no additional items reported.
 

16.

SUBJECT:

PUBLIC COMMUNICATION
 

Diane Conklin addressed the Board regard Salvation Army’s proposed project and asked that the County direct the Department of Planning and Land Use to forward its recommendations to the Planning Commission for denial of this project.

Robynne Hanus addressed the Board regarding Salvation Army’s proposed project.

Carol Levin addressed the Board regarding her opposition to the Salvation Army proposed project and how DPLU has handled the application process.

Theone (Toni) Moore addressed the Board regarding the Salvation Army’s project and urged the County to intervene to stop the project.

Heidrun Meador addressed the Board regarding the Salvation Army and urged the Board to discourage unequal treatment of applicant.
 

Heard and referred to the Chief Administrative Officer.