1.

NOTICED PUBLIC HEARING:

RICHLAND TENTATIVE PARCEL MAP- TPM 20481RPL2; NORTH COUNTY METROPOLITAN COMMUNITY PLANNING AREA

2.

NOTICED PUBLIC HEARING:

MORTON; GENERAL PLAN AMENDMENT (GPA 99-03), ZONE RECLASSIFICATION (R98-007), ALPINE COMMUNITY PLANNING AREA

3.

NOTICED PUBLIC HEARING:

RANCHO CIELO: AMENDMENT OF A LARGE SCALE PROJECT; SPECIFIC PLAN AMENDMENT (SPA 98-001) AND TENTATIVE MAP (TM 5146RPL2), SAN DIEGUITO PLANNING AREA

4.

NOTICED PUBLIC HEARING:

EL APAJO ESTATES; ZONE RECLASSIFICATION (R00-004), SAN DIEGUITO COMMUNITY PLAN

5.

NOTICED PUBLIC HEARING:

RESCISSION OF AGRICULTURAL ISSUES GENERAL PLAN AMENDMENT GPA 96-03, IMPLEMENTING REZONE R99-010, CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT, CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS

6.

NOTICED PUBLIC HEARING:

POD 00-03; ZONING ORDINANCE AMENDMENT RELATING TO THE CONDITIONS REQUIRED FOR ISSUANCE OF AN ADMINISTRATIVE PERMIT FOR A LARGE FAMILY DAY CARE HOME FOR CHILDREN

7.

AMENDMENT TO THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE PLANNING AND ENVIRONMENTAL REVIEW BOARD AND APPOINTMENTS TO THE PLANNING AND ENVIRONMENTAL REVIEW BOARD

8.

REPORT FROM THE VALLEY CENTER ECONOMIC REVITALIZATION ADVISORY COMMITTEE

9.

PURCHASE AND TRANSPORTATION OF SOIL FOR THE SAN MARCOS II LANDFILL

10.

VALLEY CENTER LANDFILL:  VALLEY CENTER COMMUNITY SERVICES DISTRICT LEASE TERMINATION SO NEW LEASE CAN BE ISSUED

11.

ADVERTISEMENT OF A CONTRACT FOR OLD HIGHWAY 80 RESURFACING

12.

TERMINATION OF AN IRREVOCABLE OFFER OF DEDICATION (IOD) AND VACATION OF A ROAD EASEMENT FOR ROAD SURVEY 1446 (VAC 00-001), RAMONA COMMUNITY PLANNING AREA

13.

AGREEMENTS WITH THREE ENVIRONMENTAL CONSULTING FIRMS TO PROVIDE SERVICES ON AN AS-NEEDED BASIS 

14.

AGREEMENTS WITH FOUR CONSULTANT FIRMS TO PROVIDE  ENGINEERING DESIGN SERVICES ON AN AS-NEEDED BASIS

15.

AUTHORIZATION TO EXECUTE AN AGREEMENT BETWEEN THE SAN DIEGO COUNTY WATER AUTHORITY AND COUNTY OF SAN DIEGO RELATING TO THE CONSTRUCTION, MONITORING AND MAINTENANCE OF WILDLIFE HABITAT AREAS (ESCONDIDO CREEK, MANCHESTER PROPERTY AND TIJUANA RIVER VALLEY)

16.

ADVERTISEMENT FOR BID AND AWARD OF A CONSTRUCTION CONTRACT - LINCOLN ACRES COMMUNITY CENTER/PARK IMPROVEMENTS

17.

SET HEARING FOR 09/12/2001

SAN ELIJO LAGOON – ACQUISITION OF PARCEL NO. 2001-0060-A (THE CITY OF ENCINITAS)

18.

SET HEARING FOR 09/12/2001

SANTA YSABEL RANCH – ACQUISITION OF PARCEL NOS. 2000-0326-A AND 2000-0326-B (THE NATURE CONSERVANCY)

19.

CLOSED SESSION

1.

SUBJECT:

NOTICED PUBLIC HEARING:

RICHLAND TENTATIVE PARCEL MAP- TPM 20481RPL2; NORTH COUNTY METROPOLITAN COMMUNITY PLANNING AREA (DISTRICT: 5)

This is an appeal filed by the Twin Oaks Valley Sponsor Group of the Planning and Environmental Review Board (PERB) approving Tentative Parcel Map 20481RPL².  The 4.47-acre project site is located on Richland Road within the North County Metropolitan Community Planning Area.  The property is zoned RR1 Rural Residential Use Regulation and is located within the (1) Residential Land Use Designation.

N/A

PLANNING AND ENVIRONMENTAL REVIEW BOARD:

Deny the appeal and adopt the Final Notice of Approval approving TPM 20481RPL², which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Subdivision Ordinance and State law.

DEPARTMENT OF PLANNING AND LAND USE:

The Department concurs with the Planning and Environmental Review Board’s (PERB) recommendation.

Amending the Department of Planning and Land Use recommendation to read as follows:  “The Department concurs with the Planning and Environmental Review Board’s (PERB) recommendation with an amendment to the Final Notice of Approval to include the following condition:  Under Section E, OTHER REQUIREMENTS, No. 9:   Prior to the recordation of the Parcel Map, the subdivider shall present written evidence to the Director of Public Works that the subdivider has offered to improve the existing unlined drainage ditch located along the north side of Richland Road from the westerly boundary of Parcel 1 to Mulberry Drive with asphaltic concrete lining to the satisfaction of the City of San Marcos;”  ON MOTION of Supervisor Horn, seconded by Supervisor Cox, the Board of Supervisors closed the hearing and took action as recommended.

AYES:       Cox, Jacob, Roberts, Horn

ABSENT:  Slater

2.

SUBJECT:

NOTICED PUBLIC HEARING:

MORTON; GENERAL PLAN AMENDMENT (GPA 99-03), ZONE RECLASSIFICATION (R98-007), ALPINE COMMUNITY PLANNING AREA (DISTRICT:  2)

This is a request for a General Plan Amendment (GPA 99-03) to change the Land Use Designation from the (17) Estate Residential to the (12) Neighborhood Commercial and a concurrent Zone Reclassification (R98-007) to change the zoning from the A70 (2) Limited Agriculture Use Regulations, 1 dwelling unit per 2 acres, to the C32 Convenience Commercial Use Regulations on this 1.2 acre site.  The site is subject to the Estate Development Area Regional Category.  The site is within the Alpine Community Plan area and is located at the southeast corner of the intersection of Dunbar Lane and Chocolate Summit Drive, north of Interstate 8.

N/A

PLANNING COMMISSION:

Adopt the Resolution denying GPA 99-03 and Rezone 98-007 for the reasons stated therein (Attachment B) and discussed in this report and the attached Land Use Analysis (Attachment J).

DEPARTMENT OF PLANNING AND LAND USE:

Concurs with the Planning Commission.

ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board of Supervisors continued this item to Wednesday, October 31, 2001, at the request of the Chief Administrative Officer, on Consent.

AYES:       Cox, Jacob, Roberts, Horn

ABSENT:  Slater

3.

SUBJECT:

NOTICED PUBLIC HEARING:

RANCHO CIELO: AMENDMENT OF A LARGE SCALE PROJECT; SPECIFIC PLAN AMENDMENT (SPA 98-001) AND TENTATIVE MAP (TM 5146RPL²), SAN DIEGUITO PLANNING AREA (DISTRICT: 3)

This is a request for an amendment (SPA 98-001) to the text and map of the Rancho Cielo Specific Plan to accommodate development proposed by an associated Tentative Map (TM 5146RPL²).  The proposed amendment and Tentative Map respond to the pipeline right-of-way acquisition and construction by the Olivenhain Municipal Water District for the Olivenhain Water Storage Project.  The 150-foot-wide pipeline right-of-way impacts seven Country Estate units designated within the northwest portion of the Specific Plan Area and bisects the designated Equestrian Center.  The proposed amendment deletes the seven impacted Country Estate units from the northwest portion of the Specific Plan area and transfers two of the units to the designated Equestrian Center site, located southwest of the intersection of Paseo Esplanada and Via Ambiente.  The Equestrian Center site will be redesignated to Country Estate over the portion containing the two relocated residential units (approximately 3.5 acres), and to Community Recreation over the remainder portion to accommodate a passive or active park (approximately 18 acres).  The associated Tentative Map proposes three lots: two Country Estate lots (minimum lot size of one acre), and one lot containing the portion of the proposed Community Recreation area lying outside of the pipeline right-of-way.  The portion of the site that contains the pipeline right-of-way acquired by Olivenhain Municipal Water District in fee title is included in the overall Community Recreation designation on the Specific Plan, but is identified as “NOT A PART” on the Tentative Map. No changes are proposed to the existing RR1 (Rural Residential, 1 dwelling unit per acre) and S80 (Open Space) zones.

N/A

PLANNING COMMISSION

1.      Adopt the attached Resolution approving the amendment (SPA 98-001) to the Rancho Cielo Specific Plan, which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with State Law and the County General Plan.

The Department concurs with the Planning Commission.

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

Resolution No. 01-241, entitled:  RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING SPECIFIC PLAN AMENDMENT SPA 98-001, RANCHO CIELO; and

Resolution No. 01-242,  entitled:  RESOLUTION OF SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING CONDITIONS FOR TENTATIVE MAP NO. 5146RPL².

AYES:      Cox, Jacob, Roberts, Horn

ABSENT: Slater

4.

SUBJECT:

NOTICED PUBLIC HEARING:

EL APAJO ESTATES; ZONE RECLASSIFICATION (R00-004), SAN DIEGUITO COMMUNITY PLAN (DISTRICT: 3)

This is a request for a Zone Reclassification (R00-004) for approximately 10 acres of the 50.3 acre site from the S80, Open Space, Use Regulations to the RR (1) Rural Residential regulations with a 1 acre minimum lot size.  The Planning Commission approved the Tentative Map (TM 5201RPL²) and the Administrative Permit (AD 00‑015) for the project on June 15, 2001.  The Tentative Map will subdivide the 50.3 acres into 14 residential lots averaging 1.5 acres in size and 1 open space lot of 27 acres.  The Administrative Permit requires formation of a Homeowners Association for maintenance of common walls and landscaping and authorizes pilasters to be 76 inches in height, the entry structure on the private entrance to be 14 feet in height and an emergency access gate entry onto El Apajo Road.  The site is in the (21) Specific Plan Land Use Designation with a maximum density of .33 dwelling units per acre.  The site is north of El Apajo and west of Via de Santa Fe in the El Apajo Specific Plan in the San Dieguito Planning Area.

N/A

PLANNING COMMISSION:

Adopt the Ordinance (R00-004) approving a change from the S80, Open Space Use Regulations, to (P) Provisional RR1 Rural Residential Use Regulations, 1 dwelling unit per acre with other designators shown in the Ordinance

DEPARTMENT OF PLANNING AND LAND USE:

Concurs with the Planning Commission. 

ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting Ordinance No. 9376 (N.S.), entitled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY R00-004.

AYES:      Cox, Jacob, Roberts, Horn

ABSENT: Slater

5.

SUBJECT:

NOTICED PUBLIC HEARING:

RESCISSION OF AGRICULTURAL ISSUES GENERAL PLAN AMENDMENT GPA 96-03, IMPLEMENTING REZONE R99-010, CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT, CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS (DISTRICTS:  ALL)

The Supplemental Writ of Mandate issued by the court in Save Our Forest and Ranchlands v. County of San Diego (Case No. 676630) orders the Board of Supervisors to vacate and rescind the following actions:  the approval of GPA 96-03 and implementing Rezone R99-010, the certification of the Environmental Impact Report for the project, and the approval of the California Environmental Quality Act Findings Concerning Mitigation of Significant Effects of the Project and the Statement of Overriding Considerations.

This project was a publicly initiated amendment to the Regional Land Use Element, Conservation Element and Open Space Element, community and subregional texts and maps of the County General Plan and the related implementing Rezone.  The project was undertaken in response to a writ of mandate issued by the court on January 24, 1996.

N/A

DEPARTMENT OF PLANNING AND LAND USE:

1.    Rescind the Board’s April 5, 2000 action:

a.   Certifying that the Final Environmental Impact Report for Agricultural Issues General Plan Amendment and Implementing Rezone (GPA 96-03) dated January 24, 2000 has been completed in compliance with the California Environmental Quality Act (CEQA);

b.   Approving the CEQA Findings Concerning Mitigation of Significant Effects of  the Project; and

c.    Approving the Statement of Overriding Considerations.

2.    Adopt the Resolution rescinding Resolution No. 00-99 that adopted GPA 96-03. 

3.    Adopt the Ordinance rescinding Ordinance No. 9143 that adopted Rezone R99-010, a classification of property in the (20) Agricultural Preserve Land Use Designation. 

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

AYES:     Cox, Jacob, Roberts, Horn

ABSENT: Slater

6.

SUBJECT:

NOTICED PUBLIC HEARING:

POD 00-03; ZONING ORDINANCE AMENDMENT RELATING TO THE CONDITIONS REQUIRED FOR ISSUANCE OF AN ADMINISTRATIVE PERMIT FOR A LARGE FAMILY DAY CARE HOME FOR CHILDREN (DISTRICTS: ALL)

The project is an amendment to Zoning Ordinance Section 6156.y to augment and revise the specific conditions relating to spacing and concentration, noise control, traffic control, parking, fire safety and on-site sewage disposal under which an Administrative Permit can be issued to allow a Large Family Day Care Home for Children as an accessory use to a residence.

N/A

PLANNING COMMISSION:

That the Board of Supervisors take the following actions:

1.      Find that the proposed project has been determined to be exempt from the California Environmental Quality Act as specified under Section 15061(b)(3) of the California Environmental Quality Act Guidelines because The Zoning Ordinance will continue to require approval of an Administrative Permit before a Large Family Day Care Home can be established and operated.  Because The Zoning Ordinance will continue to specify that certain conditions relating to spacing and concentration, noise control, traffic control, parking, fire safety and on-site sewage disposal must be complied with before the Administrative Permit can be issued the project does not have the potential for causing a significant effect on the environment (Attachment B).

2.      Adopt the attached Form of Ordinance (Attachment A):  “AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO THE CONDITIONS REQUIRED FOR ISSUANCE OF AN ADMINISTRATIVE PERMIT FOR A LARGE FAMILY DAY CARE HOME FOR CHILDREN”

CHIEF ADMINISTRATIVE OFFICER:

Concurs with the Planning Commission.

ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting Ordinance No. 9377 (N.S.), entitled AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO THE CONDITIONS REQUIRED FOR ISSUANCE OF AN ADMINISTRATIVE PERMIT FOR A LARGE FAMILY DAY CARE HOME FOR CHILDREN.

AYES:      Cox, Jacob, Roberts, Horn

ABSENT:  Slater

7.

SUBJECT:

AMENDMENT TO THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE PLANNING AND ENVIRONMENTAL REVIEW BOARD AND APPOINTMENTS TO THE PLANNING AND ENVIRONMENTAL REVIEW BOARD (DISTRICTS:  ALL)

This is a request to amend the San Diego County Administrative Code relating to staffing of the Planning and Environmental Review Board and to make new assignments to the Planning and Environmental Review Board.  This request is being made to ensure adequate staffing and because of changes in assignments, staffing and employee turnover in the Department of Planning and Land Use.

No funding is required.  If approved, this request will result in $0.00 current year cost, $0.00 annual cost, and will require the addition of 0 staff years.

CHIEF ADMINISTRATIVE OFFICER:

1.    Approve the introduction of the Ordinance, (first reading), read title and waive further reading of the Ordinance:

“AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE PLANNING AND ENVIRONMENTAL REVIEW BOARD”

Submit the Ordinance for further Board consideration and adoption (second reading) on September 12, 2001.

2.   Appoint Timothy Popejoy, Regional Planner, to replace Rose Blake as the Second Alternate Planning Member on the Planning and Environmental Review Board.

3.    Appoint Robert Asher, Chief, to serve as the Third Alternate Planning Member on the Planning and Environmental Review Board, appointment to take effect 30 days from adoption of the Ordinance creating the Third Alternate Member.

4.    Appoint Thomas Oberbauer, Environmental Resource Manager, to replace Kiersten Guigno as the First Alternate Environmental Member on the Planning and Environmental Review Board.

5.    Appoint Mark Webb, Senior Park Project Manager, to replace Thomas Oberbauer as the Second Alternate Environmental Member on the Planning and Environmental Review Board.

6.    Appoint Kaylene Fleming, Environmental Management Specialist, to serve as the Third Alternate Environmental Member on the Planning and Environmental Review Board, appointment to take effect 30 days from adoption of the Ordinance creating the Third Alternate Member.

ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, introducing Ordinance for further Board consideration and adoption on September 12, 2001.

AYES:  Cox, Jacob, Roberts, Horn

ABSENT:  Slater

8.

SUBJECT:

REPORT FROM THE VALLEY CENTER ECONOMIC REVITALIZATION ADVISORY COMMITTEE (DISTRICT:  5)

On May 4, 1999 (2), the Board of Supervisors approved a $40,000 Community Development Block Grant to establish a Revitalization Advisory Committee for the Valley Center community, hold outreach meetings to assess community concerns, and conduct a preliminary review to identify resources available to resolve problems raised by the community .

The Board is requested to receive the report entitled “Fresh Ideas from Valley Center”.  This is an informational report and is the culmination of community outreach and the efforts of the Valley Center Economic Revitalization Advisory Committee.  The report includes the recommendations of the Committee and the strategy for implementing economic revitalization programs.  It is proposed this report be forwarded to the Valley Center Community Planning Group for their consideration as they work on the General Plan 2020 update and as they recommend priorities for Valley Center in the future.  It is also recommended that since committee has completed their assignment, it should be disbanded with appreciation given for their efforts on behalf of Valley Center.

There is no fiscal impact associated with receiving the report from the Valley Center Economic Revitalization Advisory Committee.

CHIEF ADMINISTRATIVE OFFICER:

1.    Receive the report entitled “Fresh Ideas From Valley Center.”

2.    Forward the report to the Valley Center Community Planning Group for their   consideration.

3.   Disband the Valley Center Economic Revitalization Advisory Committee in   accordance with Board of Supervisors Policy A-74, Citizen Participation in County   Boards, Commissions and Committees with appreciation for their service.

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

AYES:       Cox, Jacob, Roberts, Horn

ABSENT:  Slater

9.

SUBJECT:

PURCHASE AND TRANSPORTATION OF SOIL FOR THE SAN MARCOS II LANDFILL (DISTRICT:  5)

(4 VOTES)

The County Solid Waste Management group maintains the soil cover for the San Marcos II Landfill, a 230-acre site with 107 acres of landfilled area that stopped operations in 1997.  A specific type of clay-like soil with low permeability is needed at the Landfill to prevent water infiltration, as part of ongoing maintenance. This type of soil is scarce and difficult to procure in sufficient quantities. Staff has located a large quantity of this soil available at the Ocean Ranch development, being developed by Ivy Ranch Development Company  in the City of Oceanside, California.

This request is to approve sole source procurement of 150,000 cubic yards of clay soil for transport to the landfill for ongoing maintenance needs. With Board approval, the Director of Purchasing and Contracting would negotiate this purchase at a fair and reasonable price. The Board is also requested to approve establishment of appropriations in the amount of $1,950,000 into the Inactive Waste Site Management Fund for purchase and transport of the clay soil to San Marcos II Landfill.

Funds for this request are available in the Solid Waste Environmental Trust Fund. Establishment of appropriations will result in adequate funding for the unanticipated purchase and transport of clay soil. If approved, this request will result in current year cost of up to $1,950,000, no subsequent year cost and will require no additional staff years.

CHIEF ADMINISTRATIVE OFFICER

1.      Find that pursuant to Section 15301 of the State California Environmental Quality Act Guidelines that the procurement of clay soils for the San Marcos II landfill is not subject to the environmental review process, because there will be no increase in existing use, and the soil will be used to prevent water infiltration.

2.      Establish appropriations in the amount of $1,950,000 in Inactive Waste Site Management Org 5711, Activity 355416, Account 2290 ($600,000) and Account 2330 ($1,350,000) based on funds available in the Solid Waste Environmental Trust Fund. (4 VOTES)

3.      In accordance with Board Policy A-87, Competitive Procurement, authorize the Director of Department of Purchasing and Contracting to negotiate with Ivy Ranch Development Company; and subject to determination of fair and reasonable pricing and terms, award a contract for purchase of specialized soil for an amount not to exceed $600,000, subject to approval of the Director, Department of Public Works.

4.      Find that it is in the County's best interest to conduct a competitive procurement for trucking of this soil purchase to the San Marcos II Landfill.

ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors waived Board Policy A-87, Competitive Procurement, and directed the Chief Administrative Officer to try to negotiate with Burns & Sons to see if a fair and reasonable agreement can be reached and if such an agreement cannot be reached, then directed the Chief Administrative Officer to proceed with the procurement process, and to return to the Board.

AYES:      Cox, Jacob, Roberts, Horn

ABSENT:  Slater

10.

SUBJECT:

VALLEY CENTER LANDFILL: VALLEY CENTER COMMUNITY SERVICES DISTRICT LEASE TERMINATION SO NEW LEASE CAN BE ISSUED (DISTRICT:  5)

On January 8, 1985 (8), the Board approved a 30-year lease with the Valley Center Community Services District for equestrian use of the County’s inactive Valley Center Landfill.  For the reasons stated below, County Counsel has recommended that it would be prudent to replace the existing lease with a new lease for a shorter term and with terms and conditions to address potential regulatory issues.  Since the original lease was executed, solid waste facility regulations have changed. The new short-term lease will accommodate potential need for regulatory compliance activities by the County, and will provide additional indemnification and insurance protection for the County.

This letter is a request to terminate the original 30-year lease so that a new lease can be issued. The new short-term lease can be executed by the County's Lease Administrator because the term is for less than ten years.

If approved, this action will result in no current year cost and will require no additional staff years.

CHIEF ADMINISTRATIVE OFFICER

1.   Find in accordance with Section 15061(b)(3) of California Environmental Quality Act (CEQA) Guidelines it can be seen with certainty there is no possibility this project may have a significant effect on the environment and is therefore not subject to CEQA.

2.   Authorize the Director, Department of General Services, to terminate the 30-year lease agreement between the County and the Valley Center Community Services District.

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

AYES:      Cox, Jacob, Roberts, Horn

ABSENT:  Slater

11.

SUBJECT:

ADVERTISEMENT OF A CONTRACT FOR OLD HIGHWAY 80 RESURFACING (DISTRICT:  2)

On June 15, 1999 (19), the Board approved an amendment to the TransNet Program and Regional Transportation Improvement Plan for Fiscal Years 1998/99 through 2003/04, which included six new road pavement rehabilitation projects funded with $2.9 million in federal Transportation Equity Act-21 (TEA-21) funds.  One of these projects is resurfacing sections of Old Highway 80 asphalt shoulders, from Cattle Guard 2 to Mile Post 34, in the vicinities of Buckman Springs and Jacumba.  Resurfacing of the shoulders will restore the structural integrity and prevent future costly road repair.

This is a request to approve and authorize advertisement of a contract to resurface approximately 10 miles of Old Highway 80 asphalt shoulders and perform some minor road repairs. Once Caltrans provides necessary fiscal information, staff will return to the Board with a recommendation to award a contract.

This project is scheduled in the Department of Public Works' Detailed Work Program, and will be funded utilizing a combination of federal funding and savings realized in FY 2000-01 resurfacing monies. The project is currently estimated at approximately $2.3 million; a more detailed fiscal statement will be presented when the project returns to the Board for contract award.

CHIEF ADMINISTRATIVE OFFICER

1.   Find in accordance with Section 15301 of California Environmental Quality Act (CEQA) Guidelines that this project is categorically exempt from provisions of the Guidelines, since it consists of maintenance of existing facilities with no increase in capacity.

2.   Authorize the Director, Department of Purchasing and Contracting, to advertise, as authorized by Section 403 of the Administrative Code, for this contract for public works project.

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

AYES:  Cox, Jacob Roberts, Horn

ABSENT:  Slater

12.

SUBJECT:

TERMINATION OF AN IRREVOCABLE OFFER OF DEDICATION (IOD) AND VACATION OF A ROAD EASEMENT FOR ROAD SURVEY 1446 (VAC 00-001), RAMONA COMMUNITY PLANNING AREA (DISRTRICT:  2)

Road Survey 1446 contains County right of way 60 feet in width and approximately 1,100 feet in length, originally intended to provide a connection road between State Route 78 and Old Julian Highway, approximately 1.25 miles east of Magnolia Avenue. The connection was previously on the County’s Circulation Element, however it was deleted from the County’s Circulation Element in 1987. The Irrevocable Offer of Dedication and road easement are no longer needed for public use.

This is a request to adopt the Resolution of Summary Vacation to terminate an Irrevocable Offer of Dedication and to vacate a road easement that lie on a portion of Road Survey 1446 in the community of Ramona.

N/A

1.      Find the project as proposed is categorically exempt from provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations) which includes changes that do not affect land use or density.  Proposal is a road vacation that will not result in any significant environmental effects, such as damage to scenic, historical, or cultural resources, is not located on a documented hazardous waste site, and will not result in any cumulative environmental impact.

2.      Find that the proposed termination/vacation permitted by the application is consistent with the provisions of the Resource Protection Ordinance.

3.      Adopt a Resolution entitled Resolution of Summary Vacation and Termination of Irrevocable Offer of Dedication for Road Survey 1446.

4.      Direct the Clerk of the Board of Supervisors to record this Resolution pursuant to Streets and Highways Code Section 8330.

ON MOTION of Supervisor Cox, seconded by Supervisor Jacob , the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 01-243, entitled: RESOLUTION OF SUMMARY VACATION AND TERMINATION OF IRREVOCABLE OFFER OF DEDICATION FOR ROAD SURVEY 1446.

AYES:      Cox, Jacob, Roberts, Horn

ABSENT:  Slater

13.

SUBJECT:

AGREEMENTS WITH THREE ENVIRONMENTAL CONSULTING FIRMS TO PROVIDE SERVICES ON AN AS-NEEDED BASIS (DISTRICTS:  ALL) [FUNDING SOURCE:  TRANSNET]

The Department of Public Works has a need for consultant services on an immediate and temporary basis for environmental studies. These consultants may also be used for environmental studies for other County departments. Use of consultants will enhance the department’s ability to complete environmental reviews and mitigation requirements in a timely manner.

Public agencies in California must use a Qualifications Based Selection method to contract for consultant services.  This method requires such services be engaged on basis of demonstrated competence and qualifications for types of services to be performed at a fair and reasonable cost.  Board Policy F-40 (Procuring Architectural, Engineering and Related Professional Services) describes the County’s method for Qualifications Based Selection.  In accordance with provisions of the policy, the selection committee interviewed six consultant firms from the Joint County/City of San Diego list for Environmental Services.  Three firms were selected as the most qualified firms to perform required services: HDR Engineering, Inc.; EDAW Environmental (formerly KEA); and P&D Consultants.

This is a request to approve agreements with these firms to provide as-needed environmental services for fees not to exceed $250,000 each, with terms ending July 30, 2004.  The agreements authorize the Director, Department of Public Works to extend the termination date until funds are exhausted and to adjust allowable billing rates on an annual basis to mutually agreed upon fair and reasonable rates.

This proposal is budgeted in the FY 2001-02 Department of Public Works Program.  Funding source is identified as TransNet; all non-TransNet projects undertaken under this agreement will be reimbursed from appropriate funding source.  If approved, this request will result in current year cost of $750,000, no annual cost and will require no additional staff years.

CHIEF ADMINISTRATIVE OFFICER

1.   Find, pursuant to Section 15061(b)(3) of California Environmental Quality Act (CEQA) Guidelines, requested actions are exempt from CEQA because it can be
seen with certainty there is no possibility the activity in question may have a significant effect on the environment.

2.   Approve and authorize the Clerk of the Board to execute, upon receipt, three originals each of the following agreements:

a)  An Agreement with HDR Engineering, Inc., to provide environmental services on an as-needed basis for compensation not to exceed $250,000.  Agreement to terminate July 30, 2004 or when funds are exhausted or services are no longer required, whichever shall occur first, with option to extend termination date by written mutual agreement if original funding remains available.

b)  An Agreement with EDAW Environmental (formerly KEA), to provide environmental services on an as-needed basis for compensation not to exceed $250,000.  Agreement to terminate July 30, 2004 or when funds are exhausted or services are no longer required, whichever shall occur first, with option to extend termination date by written mutual agreement if original funding remains available.

c)  An Agreement with P&D Consultants, to provide environmental services on an as-needed basis for compensation not to exceed $250,000.  Agreement to terminate July 30, 2004 or when funds are exhausted or services are no longer required, whichever shall occur first, with option to extend termination date by written mutual agreement if original funding remains available.

3.  Designate the Director, Department of Public Works, as County Officer responsible for administering the agreements.

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

AYES:       Cox, Jacob, Roberts, Horn

ABSENT:  Slater

14.

SUBJECT:

AGREEMENTS WITH FOUR CONSULTANT FIRMS TO PROVIDE  ENGINEERING DESIGN SERVICES ON AN AS-NEEDED BASIS (DISTRICTS:  ALL) [FUNDING SOURCE:  TRANSNET]

In recent years, San Diego County has experienced a surge in development and population growth, requiring major infrastructure improvements.  This has impacted the need for public works projects. The Department of Public Works has necessity for consultant services on an as-needed basis to provide supplemental design engineering services for various Department of Public Works projects. Use of consultants enhances the department’s ability to complete project designs in a timely manner.

Public agencies in California must use a Qualifications Based Selection method to contract for consultant services.  This method requires such services be engaged on basis of demonstrated competence and qualifications for types of services to be performed at a fair and reasonable cost.  Board Policy F-40 (Procuring Architectural, Engineering and Related Professional Services) describes the County’s method for Qualifications Based Selection.  In accordance with provisions of the policy, seven consultant firms from the joint County/City of San Diego list for Civil Engineering were interviewed. Four firms were selected as the most qualified firms to perform required services: Nolte Associates, Inc.; P&D Consultants, Inc.; Boyle Engineering Corp.; and BRW Inc.

This is a request to approve agreements with these firms to provide as-needed engineering design services for fees not to exceed $250,000 each, with a term ending June 30, 2004.  The agreements authorize the Director, Department of Public Works to extend the termination date until funds are exhausted and to adjust allowable billing rates on an annual basis to mutually agreed upon fair and reasonable rates.

This proposal is budgeted in the FY 2001-02 Department of Public Works Program.  Funding source is identified as TransNet; all non-TransNet projects undertaken under this agreement will be reimbursed from the appropriate funding source.  If approved, this request will result in current year cost of $1 million, no annual cost and will require no additional staff years.

CHIEF ADMINISTRATIVE OFFICER

1.      Find pursuant to Section 15061(b)(3) of California Environmental Quality Act (CEQA) Guidelines, requested actions are exempt from CEQA because it can be seen with certainty there is no possibility the activity in question may have a significant effect on the environment.

2.      Approve and authorize the Clerk of the Board to execute, upon receipt, three originals for each of the following agreements:

a)       An Agreement with Nolte Associates, Inc., to provide engineering design services on an as-needed basis for compensation not to exceed $250,000. Agreement to terminate June 30, 2004, or when funds are exhausted or services are no longer required, whichever shall occur first, with option to extend termination dates by written mutual agreement if original funding remains available.

b)       An Agreement with P&D Consultants, Inc., to provide engineering design services on an as-needed basis for compensation not to exceed $250,000. Agreement to terminate June 30, 2004 or when funds are exhausted or services are no longer required, whichever shall occur first, with option to extend termination dates by written mutual agreement if original funding remains available.

c)       An Agreement with Boyle Engineering Corp., to provide engineering design services on an as-needed basis for compensation not to exceed $250,000. Agreement to terminate June 30, 2004 or when funds are exhausted or services are no longer required, whichever shall occur first, with option to extend termination dates by written mutual agreement if original funding remains available.

d)       An Agreement with BRW Inc., to provide engineering design services on an as-needed basis for compensation not to exceed $250,000. Agreement to terminate June 30, 2004 or when funds are exhausted or services are no longer required, whichever shall occur first, with option to extend termination dates by written mutual agreement if original funding remains available.

3.      Designate the Director, Department of Public Works, as County Officer responsible for administering the agreements.

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

AYES:  Cox, Jacob, Roberts, Horn

ABSENT:  Slater

15.

SUBJECT:

AUTHORIZATION TO EXECUTE AN AGREEMENT BETWEEN THE SAN DIEGO COUNTY WATER AUTHORITY AND COUNTY OF SAN DIEGO RELATING TO THE CONSTRUCTION, MONITORING AND MAINTENANCE OF WILDLIFE HABITAT AREAS (ESCONDIDO CREEK, MANCHESTER PROPERTY AND TIJUANA RIVER VALLEY) (DISTRICTS:  1,3)

Funds for the acquisition of the Escondido Creek Upland properties will be provided by the CWA.  The long-term management of the property will be provided by the County as part of the Escondido Creek Preserve.  Operations and maintenance will be conducted utilizing existing budgeted resources within the Parks and Recreation Department.  There will be no cost to the General Fund resulting from this action.

CHIEF ADMINISTRATIVE OFFICER

1.   Find in accordance with Sections 15304(d) and 15325 of the California Environmental Quality Act (CEQA) Guidelines that these actions are categorically exempt from CEQA.

2.   Authorize the Clerk of the Board of Supervisors to execute, upon receipt and with the approval of County Counsel, an agreement between the County of San Diego and the County Water Authority (CWA) for the acquisition and long-term management of up to 41 acres of Escondido Creek Upland properties, and instruction, maintenance and monitoring of wetland habitat within the San Elijo Lagoon Ecological Reserve (including the 18.9-acre Manchester Property), and Tijuana River Valley Regional Park.  

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

AYES:       Cox, Jacob, Roberts, Horn

ABSENT:  Slater

16.

SUBJECT:

ADVERTISEMENT FOR BID AND AWARD OF A CONSTRUCTION CONTRACT - LINCOLN ACRES COMMUNITY CENTER/PARK IMPROVEMENTS (DISTRICT:  1)

This action will approve contract documents and authorize advertisement for public bidding and award of a construction contract estimated at $110,265, including 10% contingency for community center/park improvements at Lincoln Acres Park to include re-roofing the entire community center building, replacing the park water system, and relocating the water heater and vent.  In addition, Americans with Disabilities Act (ADA) improvements to remove access barriers include reconstruction of ramps and front deck, as well as installation of ADA compliant fixtures and door hardware, restroom improvements, and related improvements.  Remaining project funds are being used for related project costs including design, resident engineering and inspection services, project administration, materials testing and bid process.

Funds for this request are budgeted in Capital Project KN0786.  The funding sources are Fiscal Year 1998-1999 and mid-year allocations from Fiscal Year 2000-2001 Community Development Block Grant funds.  If approved, this action will result in approximately $110,265 current year cost to award the contract, $0 annual cost, and will require the addition of no staff years.  Maintenance and operations of the improved facilities will be managed utilizing existing resources within the Parks and Recreation Department budget.  There will be no cost to the General Fund resulting from this action.

CHIEF ADMINISTRATIVE OFFICER

1.   Find in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines that the proposed project is categorically exempt from CEQA.

2.   Authorize the Director of the 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 Parks and Recreation, as the County officer responsible for administering the contract.

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

AYES:  Cox, Jacob, Roberts, Horn

ABSENT:  Slater

17.

SUBJECT:

SET HEARING FOR 09/12/2001

SAN ELIJO LAGOON - ACQUISITION OF PARCEL NO. 2001-0060-A (THE CITY OF ENCINITAS (DISTRICT:  3)

On December 13, 2000 (14), the Board authorized staff to seek and identify potential sources of funding for the acquisition of property within the Escondido Creek floodplain and adjacent to the San Elijo Lagoon Ecological Reserve.  County staff has secured a $1,000,000 Grant from the Wetlands Recovery Program and $800,000 from the Parks Bond Act Grant.

The City of Encinitas owns an 18.9-acre parcel which they had originally planned to develop as a sports park.  The City no longer plans to construct the park and has offered the property to the County for the appraised value of $1,800,000.

The Board is requested to set a hearing for September 12, 2001 to consider the acquisition of Parcel No. 2001-0060-A from the City of Encinitas.

This is a request to set a hearing date to consider the purchase of Parcel No. 2001-0060-A.  Also included in this action is the appropriation of $1,800,000 which will fund the purchase of the property.  The funding sources are Wetlands Recovery Program and 2000 Parks Bond Act grant funds.  Should the purchase of the San Elijo Lagoon property be approved on September 12, 2001, the action will result in a current year cost of $1,800,000, no annual cost, and will not require additional staff years.  There will be no cost to the General Fund resulting from this action.

CHIEF ADMINISTRATIVE OFFICER

1.      Direct the Clerk of the Board to publish the required Notice of Intention to Purchase Parcel No. 2001-0060-A in accordance with Government Code Sections 6063 and 25350.

2.      Set this matter for September 12, 2001 at which time the Board of Supervisors may consummate the purchase of Parcel No. 2001-0060-A.

3.      Approve and authorize the establishment of appropriations in the amount of $1,000,000 in Capital Project KA1971, San Elijo Acquisitions, based on awarded Wetlands Recovery Program grant funds.  (4VOTES)

4.      Approve and authorize the establishment of appropriations in the amount of $800,000 in Capital Project KA1971, San Elijo Acquisitions, based on awarded 2000 Parks Bond Act grant funds.  (4VOTES)

ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, setting this matter for Hearing on September 12, 2001,  9:00 a.m.

AYES:      Cox, Jacob, Slater, Roberts, Horn

ABSENT:  Slater

18.

SUBJECT:

SET HEARING FOR 09/12/2001

SANTA YSABEL RANCH – ACQUISITION OF PARCEL NOS. 2000-0326-A AND 2000-0326-B (THE NATURE CONSERVANCY) (DISTRICT 2)

This is a request to set a hearing to consider the purchase of two parcels totaling approximately 5,300 acres of land in Santa Ysabel, near Julian.

On November 10, 1999(6), the Board approved a resolution authorizing the submittal of a grant application to Caltrans for a Transportation Enhancement Activities (TEA) grant. 

On December 13, 2000(13), the Board approved a resolution authorizing the application and acceptance of Wildlife Conservation Board (WCB) grant funds from Proposition 13.  These applications were approved by the granting agencies on March 16, 2001 and March 1, 2001, respectively.

The Nature Conservancy is the current owner of the Santa Ysabel Ranch and has offered it to the County for appraised value.

The Board is requested to set a hearing for September 12, 2001 to consider the purchase of Parcel No. 2000-0326-A for $3,000,000 and 2000-0326-B for $6,100,000.

This is a request to set the hearing date for the purchase of the Santa Ysabel Ranch property.  Funding for the purchase of this property is not budgeted.  Funds in the amount of $9,100,00 are being appropriated in the Capital Outlay Fund in this action.  Sources of funding are the Wildlife Conservation Board and Transportation Enhancement Activities grant funds.  Should the purchase of Santa Ysabel Ranch property be approved on September 12, 2001, this action will result in current year costs of $9,100,00, no annual cost, and will not require additional staff years.  There will be no cost to the General Fund resulting from this action.

CHIEF ADMINISTRATIVE OFFICER

1.      Approve and authorize the establishment of appropriations in the amount of $6.1 million in the Capital Outlay Fund for Capital Project KA2972 - Santa Ysabel Ranch Acquisitions, based on awarded Wildlife Conservation Board grant funds. (4 VOTES)

2.      Approve and authorize the establishment of appropriations in the amount of $3 million in the Capital Outlay Fund for Capital Project KA2972 - Santa Ysabel Ranch Acquisitions, based on awarded Transportation Enhancement Activities grant funds.  (4 VOTES)

3.      Direct the Clerk of the Board to publish the Notice of Intention to Purchase Parcel No. 2000-0326-A and 2000-0326-B in accordance with Government Code Sections 25350 and 6063.

4.      Set this matter for September 12, 2001 at which time the Board of Supervisors may consummate the purchase of Parcel Nos. 2000-0326-A and 2000-0326-B.

ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, setting this matter for hearing on September 12, 2001, 9:00 a.m.

AYES:      Cox, Jacob, Roberts, Horn

ABSENT:  Slater

19.

SUBJECT:  CLOSED SESSION

A.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Therese Rendt, et al. v. County of San Diego, et al.; San Diego Superior Court No.  GIC 757403

B.         CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Ardis Peery v. County of San Diego, et al.; San Diego Superior Court No.GIC 752677

C.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Stapel v. San Diego County Employees Retirement Association (“SDCERA”),Superior Court No. 722450; Scheidel v. SDCERA, Superior Court No. 725666; Deputy Sheriffs Association v. SDCERA, Superior Court   No. 725984

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
Employee Organizations:  Deputy District Attorneys Association and Deputy Public Defenders Association

G.        PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title:  County Counsel

H.        PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title:  Chief Administrative Officer

ACTION:

County Counsel reported the following action on Item B, by vote of all 5 members of the Board of Supervisors present and voting "aye", the Board authorized settlement, up to $235,000, in return for the plaintiff's dismissal of her lawsuit against the County.