1.

NOTICED PUBLIC HEARING:

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

[FUNDING SOURCE(S): WILDLIFE CONSERVATION BOARD AND TRANSPORTATION ENHANCEMENT ACTIVITIES GRANT FUNDS]

2.

MARCH 2002 BALLOT MEASURE FOR DISSOLUTION OF LOWER SWEETWATER FIRE PROTECTION DISTRICT AND COINCIDING FORMATION OF A SUCCESSOR AGENCY, COUNTY SERVICE AREA NO. 137 – LINCOLN ACRES

[FUNDING SOURCE(S): DPW GENERAL FUNDS]

3.

PROPOSED SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1011 – LA CUESTA IN THE MOUNT HELIX AREA

4.

CHANGE OF APPROPRIATIONS FOR VARIOUS COUNTY SERVICE AREAS

[FUNDING SOURCE(S): ELFIN FOREST'S INCREASED BENEFIT FEE, MOUNT LAGUNA'S FEE FUND AND SAN PASQUAL'S  FIRE MITIGATION FEE FUND]

(4 VOTES)

5.

ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF BRIDGE BARRIER RAIL REPLACEMENTS FOR THREE BRIDGES ON OLD HIGHWAY 80 IN JACUMBA 

6.

SET HEARING FOR 11/14/2001

ESCONDIDO CREEK WATERSHED – ACQUISITION OF PARCEL NO. 2000-0298-A (GEORGESON) AND 2001-0173-A (HEWITT)

[FUNDING SOURCE(S): CALTRANS TRANSPORTATION ENHANCEMENT ACTIVITIES (TEA) GRANT]

7.

SET HEARING FOR 11/14/2001

RAMONA SERENA RANCH – ACQUISITION OF PARCEL NO 2001-0037-A (RAMONA SERENA LLC)

8.

ESTABLISHMENT OF APPROPRIATIONS AND AUTHORIZATION TO APPROVE THE FOURTH AMENDMENT TO THE CONSULTANT AGREEMENT FOR OTAY VALLEY REGIONAL PARK 

[FUNDING SOURCE(S): PROPOSITION 13 RIVER PARKWAYS GRANT FUNDS AND FISCAL YEAR 1999-2000 STATE GENERAL FUNDS ALLOCATED FOR USE IN THE OTAY VALLEY REGIONAL PARK]

(4 VOTES)

9.

ESTABLISHMENT OF APPROPRIATIONS FOR INSTALLATION OF TWO PAVILION STRUCTURES AT LOUIS A. STELZER COUNTY PARK, LAKESIDE [FUNDING SOURCE(S): LOUIS A. STELZER TRUST FUND 309200]

(4 VOTES)

10.

ADVERTISEMENT TO BID AND AWARD A CONSTRUCTION CONTRACT FOR THE SPRING VALLEY PARK PLAYGROUND PROJECT

[FUNDING SOURCE(S): FISCAL YEAR 2000-2001 AND FISCAL YEAR 2001-2002 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND THE SPRING VALLEY AREA PLDO FUNDS]

(4 VOTES)

11.

ESTABLISHMENT OF APPROPRIATIONS TO CONSTRUCT ADDITIONAL IMPROVEMENTS AT SWEETWATER AREA NO. 17 - SWEETWATER REGIONAL PARK STAGING AREA

[FUNDING SOURCE(S): CURRENT YEAR BUDGETED DEPARTMENT OF PARKS AND RECREATION GRANT MATCH GENERAL FUNDS AND PARK LAND DEDICATION ORDINANCE (PLDO) INTEREST FUNDING]

(4 VOTES)

12.

ADMINISTRATIVE ITEM:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AN ORDINANCE AMENDING THE FIRE CODE PORTION OF THE COUNTY CODE OF REGULATORY ORDINANCES AND RATIFYING A CONSOLIDATED FIRE CODE SHOWING ALL AMENDMENTS BY LOCAL FIRE DISTRICTS TO THE FIRE CODE PORTION OF THE CALIFORNIA BUILDING STANDARDS CODE

13.

ADMINISTRATIVE ITEM:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

14.

CLOSED SESSIONS

15.

PRESENTATIONS/AWARDS

1.

SUBJECT:

NOTICED PUBLIC HEARING:

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

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.

On September 12, 2001 the Board set a hearing for October 17, 2001 to consider the purchase of Parcel Nos. 2000-0326-A for $3,000,000 and 2000-0326-B for $6,100,000.  The Board is requested to approve the Purchase and Sale Agreement and Joint Escrow Instructions for each of the parcels.

Funds for this action are budgeted in Capital Account KA2972 – Santa Ysabel Ranch Acquisitions. Sources of funding are the Wildlife Conservation Board ($6,100,000) and Transportation Enhancement Activities ($3,000,000) grant funds. This action will result in current year costs of $9,100,000, no additional cost in subsequent years, and will not require additional staff years.  There will be no cost to the General Fund resulting from this action.

1.     Approve the Purchase and Sale Agreement and Joint Escrow Instructions for the purchase of Parcel Nos. 2000-0326-A and 2000-0326-B from The Nature Conservancy.

2.    Authorize the Director, Department of General Services, or assignee, to execute all escrow and related documents to complete the transaction.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

2.

SUBJECT:

MARCH 2002 BALLOT MEASURE FOR DISSOLUTION OF LOWER SWEETWATER FIRE PROTECTION DISTRICT AND COINCIDING FORMATION OF A SUCCESSOR AGENCY, COUNTY SERVICE AREA NO. 137 – LINCOLN ACRES (DISTRICT: 1)

On July 11, 2001 (1), the Board adopted a Resolution to dissolve the Lower Sweetwater Fire Protection District and form successor agency County Service Area No. 137 – Lincoln Acres, and to detach from the Lower Sweetwater Fire Protection District the territory contained in the 31st Street Island.  If formed, the new agency would assume administration of the former district services and continue provision of fire protection and emergency medical services through a contract with the National City Fire Department.  County staff experienced in administration of special districts would provide contract administration at substantial savings to area residents. 

Once the Resolution was adopted, affected territory members had an opportunity to protest. The deadline for protest filing was set for August 10, 2001. The formation would not occur if protests were filed (and not withdrawn) within 30 days following the Board meeting and representing not less than 50 percent of the registered voters in the affected territory.  If protests fell between 25 percent and 50 percent, this proposal would go to an election. Since protests received from both landowners and registered voters fell between 25 percent and 50 percent, this question must now be placed on the ballot for the March 5, 2002 election.

Funds for this request are budgeted.  The funding source is DPW General Funds.  If approved, this request will result in a current year cost of approximately $1,000 and will require the addition of no staff years.  

CHIEF ADMINISTRATIVE OFFICER

1.   Find, in accordance with Section 15060 (c) (1) of the State CEQA Guidelines, that the below recommended actions are ministerial acts to which CEQA does not apply.

2.   Adopt a Resolution entitled Resolution of the Board of Supervisors Calling an Election on Dissolution of the Lower Sweetwater Fire Protection District, Formation of Lincoln Acres County Service Area No. 137, and Detachment of Territory from the Lower Sweetwater Fire Protection District, and Directing the Registrar of Voters to Publish a Notice of Election.

3.   Request the Executive Officer of the Local Agency Formation Commission to prepare an impartial analysis of the ballot measure, to be included in sample ballots.

4.  Authorize the Chairman or his designee to sign a ballot argument supporting approval of the measure.

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent; adopting Resolution No. 01-296, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS CALLING AN ELECTION ON, THE DISSOLUTION OF THE LOWER SWEETWATER FIRE PROTECTION DISTRICT, FORMATION OF LINCOLN ACRES COUNTY SERVICE AREA NO. 137, AND DETACHMENT OF TERRITORY FROM THE LOWER SWEETWATER FIRE PROTECTION DISTRICT AND DIRECTING THE REGISTRAR OF VOTERS TO PUBLISH A NOTICE ELECTION.

AYES: Cox, Jacob, Slater, Roberts, Horn

3.

SUBJECT:

PROPOSED SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1011 – LA CUESTA IN THE MOUNT HELIX AREA (DISTRICT: 2)

Property owners in an area of Mt. Helix in unincorporated San Diego County have filed petitions requesting a mailed ballot proceeding to determine sufficient support to form a Permanent Road Division Zone for a .21-mile section of La Cuesta Drive. The Permanent Road Division program is available to unincorporated area property owners as a means to improve and maintain their roads.  It provides an opportunity similar to a County Service Area at a lower cost and in less time.

This request is to accept the petitions, adopt a Resolution of Intention to Establish the Permanent Road Division Zone, and approve the Engineer’s Report so staff can proceed with the mailed ballot proceeding required by state law.  The district will not form unless a weighted majority of the ballots are yes votes. 

Funds for administering these requests are budgeted in the Special Districts formation fund.  If approved, this request will result in a current year processing cost charged to the formation expense for La Cuesta of $500.  If the district forms, the new district will reimburse the money.  There is no associated annual cost and no additional staff years are required.

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 the following actions may have a significant effect on the environment, and the activities are not subject to CEQA because they are on an existing road.

2.  Accept the petitions, on file in the office of Special Districts Administration, requesting authorization for a mailed ballot proceeding that could result in formation of a Permanent Road Division Zone to improve and maintain a  .21 mile section of La Cuesta Drive.

3.  Adopt the resolution entitled Resolution of Intention to Establish San Diego Countywide Permanent Road Division No. 1000, Zone No. 1011 – La Cuesta, which sets December 5, 2001, as the date of the required pubic hearing.

4.  Direct staff to prepare and conduct a mailed ballot proceeding stipulated by state law to the owners of property located within the boundary of the proposed Permanent Road Division Zone.

5.  Approve the Engineer’s Report for proposed Permanent Road Division Zone No. 1011 – La Cuesta, on file in the Special Districts office of the Department of Public Works.

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent; adopting Resolution No. 01-297 entitled: RESOLUTION OF INTENTION TO ESTABLISH SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1011 – LA CUESTA, setting December 5, 2001 as date of public hearing.

AYES: Cox, Jacob, Slater, Roberts, Horn

4.

SUBJECT:

CHANGE OF APPROPRIATIONS FOR VARIOUS COUNTY SERVICE AREAS (DISTRICT: 2 AND 5)

On July 31, 2001(23), the Board approved the Fiscal Year 2001-02 Special Districts budgets, including the operating budgets for all County Service Areas.  The Board is requested to approve and authorize the transfer of appropriations for various County Service Area fire departments.  County Service Area No. 107 - Elfin Forest, recently passed a ballot measure increasing the benefit fee resulting in an increase of revenue requiring a revision of the current year operating budget.  The Chairpersons of County Service Area Nos. 109 - Mount Laguna and 113 – San Pasqual have requested additional funds be made available for purchases and projects unanticipated when the budgets were prepared.

Elfin Forest

Establishment of appropriations in the amount of $25,898 is requested to reflect unanticipated current year revenue.  Funding source is Elfin Forest's increased benefit fee, which became effective July 1, 2001.

Transfer of appropriations in the amount of $11,282 within Fire Mitigation Fee fund for County Service Area No. 107 – will reimburse Elfin Forest operating budget for a portion of their annual Station Bond Payment. If approved, this request will result in a $11,282 current year cost for Elfin Forest, no annual cost and will require no additional staff years.

Mount Laguna

Additional appropriations in the amount of $4,092 will provide for unanticipated need for vehicle repairs based on funds available in the Capital Reserve for County Service Area No. 109 - Mount Laguna.  Funding is provided by Mount Laguna's fee fund. If approved, this request will result in a $4,092 current year cost for Mount Laguna, no annual cost and will require no additional staff years.

Establish of appropriations in the amount of $21,448 for County Service Area No. 113 - San Pasqual will provide for renovation activities, which could not be completed during FY 2000-01. Funding source is the San Pasqual's Fire Mitigation Fee fund. If approved, this request will result in a $21,448 current year cost for San Pasqual, no annual cost and will require no additional staff years.

CHIEF ADMINISTRATIVE OFFICER

1.   Find these actions are exempt from provisions of the California Environmental Quality Act (CEQA) Section 15061 (b) (1) because they are not projects as defined in Section 15378.

2.   Establish appropriations of $25,898 in County Service Area No. 107 – Elfin Forest (ORG 8737) in Account 2291 (Major Maintenance) based on unanticipated revenue made available by a voter approved increase in benefit fees. (4 VOTES)

3.  Transfer appropriations of $11,282 in the Department of Public Works County Service Area No. 107 – Elfin Forest, ORG 8737, Account 4509 (Transportation Equipment) to Account 3369 (Lease Purchase E.R.P. Bond) (3 VOTES)

4.  Authorize Chief financial Officer to reduce Capital Reserve Designation for County Service Area No. 109 – Mount Laguna in the amount of $4,092. (4 VOTES)

5.  Establish appropriations of $4,092 in the Department of Public Works County Service Area No. 109 – Mount Laguna, ORG 8739, Account 2281 (Vehicle Maintenance) based on fund balance made available by reduction of the Capital Reserve Designation. (4 VOTES)

6.   Establish appropriations in the amount of $21,448 in Department of Public Works County Service Area No. 113 - San Pasqual Fire Mitigation Fund, ORG 8721, Account 6310 (Operating Transfer Out) based on available Fiscal Year 2000-01 Fund Balance. (4 VOTES)

7.   Establish appropriations of $21,448 in the Department of Public Works County Service Area No. 113 – San Pasqual, ORG 8743, Account 2291 (Major Maintenance) based on operating transfer from County Service Area No. 113 Fire Mitigation Fund. (4 VOTES)

ON MOTION of Supervisor Roberts, seconded by Supervisor Jaocob, the Board of Supervisors took action as recommended.

AYES:  Cox, Jacob, Slater, Roberts, Horn

5.

SUBJECT:

ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF BRIDGE BARRIER RAIL REPLACEMENTS FOR THREE BRIDGES ON OLD HIGHWAY 80 IN JACUMBA  (DISTRICT: 2)

The federal bridge replacement and rehabilitation program provides funding assistance for eligible bridges located on public roads. The California Department of Transportation (Caltrans) distributes this funding to bridges throughout the state that have the highest need for replacement or rehabilitation.  On December 6, 2000 (5), the Board accepted federal program supplements for the replacement of barrier rails and guardrails at three County bridges.  These bridges are on Old Highway 80. The existing timber rails and guardrails at these bridges are in poor condition, and they should be replaced to enhance safety for the traveling public.

This is a request to approve advertisement and subsequent award, to the lowest responsible bidder, of a construction contract to replace bridge barrier rails and guardrails on three bridges. Funding for construction has been budgeted in FY 2001-02.

Funds for Old Highway 80 bridges are budgeted in the FY 2001-02 Department of Public Works Detailed Work Program. Funding sources are Federal Highway Bridge Replacement and Rehabilitation Funds ($221,325) and Gas Tax ($28,675). If approved, this request will result in a total current year cost of $250,000, 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 in accordance with Board Policy F-41.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

6.

SUBJECT:

SET HEARING FOR 11/14/2001

ESCONDIDO CREEK WATERSHED – ACQUISITION OF PARCEL NO. 2000-0298-A (GEORGESON) AND 2001-0173-A (HEWITT) (DISTRICT: 5)

The County of San Diego is actively involved in open space habitat planning including the Multiple Species Conservation Program (MSCP), and the development of the North County MSCP subarea plan.  The Escondido Creek watershed is an important part of the proposed North County MSCP Subarea Plan.  Many parcels within the Escondido Creek area are highly desirable for development.  If not acquired and protected, this corridor will eventually be developed and would fragment the critical wildlife habitat linkages that the creek provides.

On November 10, 1999 (6), the Board adopted a Resolution authorizing the Department of Parks and Recreation to submit a grant application in the amount of $2,000,000 under the regional (SANDAG) allocation of the Transportation Enhancement Activities Program for the acquisition of property along Escondido Creek.

The Board is requested to set a hearing for November 14, 2001 to consider the acquisition of Parcel No. 2000-0298-A from Georgeson and Parcel No. 2001-0173-A from Hewitt. 

There is no fiscal impact associated with this request.  Funds for these acquisitions are budgeted in Capital Project KA0551 – Escondido Creek Acquisitions.  The funding source is a Caltrans Transportation Enhancement Activities (TEA) grant.  The purchase would result in a cost of $690,200 in fiscal year 2001/2002, no additional cost in subsequent years and the addition of no staff years.

CHIEF ADMINISTRATIVE OFFICER

1.    Direct the Clerk of the Board of Supervisors to publish the required Notices of Intention to Purchase in accordance with Government Code Sections 25350 and 6063.

2.   Set this matter for November 14, 2001 at which time the Board of Supervisors may consummate the purchase of Parcel Nos. 2000-0298-A (Georgeson) and 2001-0173-A (Hewitt).

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, setting hearing for November 14, 2001.

AYES:  Cox, Jacob, Slater, Roberts, Horn

7.

SUBJECT:

SET HEARING FOR 11/14/2001

RAMONA SERENA RANCH – ACQUISITION OF PARCEL NO 2001-0037-A (RAMONA SERENA LLC) (DISTRICT: 2)

On December 13, 2000 (13), the Board adopted a Resolution authorizing the Department of Parks and Recreation to apply for grant funds from Proposition 12 and Proposition 13 for the acquisition of properties within these Multiple Species Conservation Plan (MSCP) areas.  The purchase of Parcel No. 2001-0037-A is part of an ongoing acquisition program to assemble and preserve important habitat lands and create trail linkage to other parcels within pre-approved Preserve areas.  Ramona Serena LLC, owners of a large parcel within the Iron Mountain Ridge Sub-Area, have offered to sell their property to the County at the appraised value.

The Board is requested to set a hearing for November 14, 2001 to consider the purchase of Parcel No. 2001-0037-A from Ramona Serena LLC.  The property consists of 716.5 acres and is located near the community of Ramona.

There is no fiscal impact associated with this request. Grant funding for the purchase is not budgeted, however, a grant agreement in the amount of $2,000,000 has been received from the State Wildlife Conservation Board for the purchase of the property.  The grant will be supplemented with $2,440,000 in County General Funds which have been previously budgeted in the Capital Project for MSCP land acquisitions.  The WCB grant funds will be appropriated at the November 14, 2001 hearing.

1.   Direct the Clerk of the Board of Supervisors to publish the Notice of Intention to Purchase Parcel No 2001-0037-A in accordance with Government Code Sections 25350 and 6063.

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, setting hearing for November 14, 20001.

AYES:  Cox, Jacob, Slater, Roberts, Horn

8.

SUBJECT:

ESTABLISHMENT OF APPROPRIATIONS AND AUTHORIZATION TO APPROVE THE FOURTH AMENDMENT TO THE CONSULTANT AGREEMENT FOR OTAY VALLEY REGIONAL PARK  (DISTRICT: 1)

On December 13, 2000 (13) the Board of Supervisors approved a Resolution authorizing the Department of Parks and Recreation to apply for, accept, and enter into a grant agreement for the expenditure of $10,000,000 in Proposition 13 River Parkways grant funds for the acquisition of land, trail planning, and habitat restoration in the Otay Valley Regional Park (OVRP).  The funding request was approved by the State, and on June 21, 2001, a grant agreement between the County and the State Coastal Conservancy was executed for the expenditure of up to $5,900,000 for acquisition of land, trail planning, and habitat restoration in the Otay Valley Regional Park.

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 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, five consultant firms from the Joint County/City of San Diego list for Planning Services were interviewed.  DeLorenzo Incorporated was one of the firms selected as the most qualified to perform the required services. 

Pursuant to Board Policy F-40, the Deputy Director of Purchasing and Contracting has authority to execute the consultant contract for which the fee does not exceed $100,000.  As such, on October 22, 1998, on behalf of the County of San Diego, the Deputy Director of Purchasing and Contracting executed an Agreement with DeLorenzo Incorporated to provide planning and engineering services on an as-needed basis for compensation not to exceed $50,000.  Under the contract, DeLorenzo Incorporated has been assisting the County with recreational trail planning.  The firm has done work in the Otay Valley and is familiar with the OVRP and surrounding area.  The Agreement had a termination date of October 15, 1999, with options to extend the termination date.

On June 13, 2000 the First Amendment to the Agreement was executed by Purchasing and Contracting to extend the termination date from October 15, 1999 to October 15, 2000 and adjust billing rates.

On May 3, 2000 the Second Amendment to the Agreement was executed by Purchasing and Contracting to increase the contract value by an additional $50,000 for a total compensation not to exceed $100,000, extend the termination date from October 15, 2000 to October 15, 2001 and adjust billing rates.

On October 4, 2001, the Third Amendment to the Agreement was executed by Purchasing and Contracting to extend the termination date from October 15, 2001 to October 15, 2003 and adjust billing rates.  Under this Third Amendment, DeLorenzo Incorporated will continue to assist the County on trail planning issues.

Assistance is now needed in the preparation of a trails plan in the Otay River Valley Regional Park.  This action will 1) establish appropriations in the amount of $5,200,000 in Capital Project KA0550, Otay Valley Regional Park Acquisition, 2) establish appropriations in the amount of $700,000 in Capital Project KN0550, Otay Valley Regional Park Development, and 3) authorize the Director of the Department of Purchasing and Contracting to approve the Fourth Amendment to the as-needed consultant Agreement with DeLorenzo Incorporated in an amount not to exceed $150,000 to prepare a Trails Plan for the Otay Valley Regional Park.  The maximum compensation that may be paid to the consultant under the terms of the Agreement may not exceed $250,000.  The term of the Agreement will not be extended by this Amendment and will remain October 15, 2003, as approved under the Third Amendment.

Funding for this action is provided by a portion ($4,679,000) of the awarded $10,000,000 in Proposition 13 River Parkways grant funds, and previously approved Fiscal Year 1999-2000 State General Fund appropriations in the amount of $1,221,000 allocated for use in the Otay River Valley.  The remaining awarded Proposition 13 funds will be appropriated as grant contracts are received.

Funds for this request are not budgeted.  The funding sources are Proposition 13 River Parkways grant funds and Fiscal Year 1999-2000 State General Funds allocated for use in the Otay Valley Regional Park.  If approved, this request will result in $5,900,000 current year cost ($5,200,000 for acquisition and $700,000 for trails planning activities), no annual cost and will require the addition of no staff years.  There will be no County General Fund cost resulting from this action.

CHIEF ADMINISTRATIVE OFFICER

1.    Find in accordance with Section 15325 of the California Environmental Quality Act (CEQA) Guidelines that the acquisition of land for Otay Valley Regional Park (OVRP) is categorically exempt from CEQA.

2.    Find in accordance with Section 15262 of the CEQA Guidelines that the preparation of an OVRP Trails Plan is statutorily exempt from CEQA.

3.    Establish additional appropriations in the amount of $5,200,000 in Capital Project KA0550, Otay Valley Regional Park Acquisition, based on awarded Proposition 13 River Parkways grant funds ($3,979,000) and awarded Fiscal Year 1999-2000 State General Funds ($1,221,000).  (4 VOTES)

4.     Establish appropriations in the amount of $700,000 in Capital Project KN0550, Otay Valley Regional Park Development, based on awarded Proposition 13 River Parkways grant funds.  (4 VOTES)

5.    Authorize the Director, Department of Purchasing and Contracting, to execute the Fourth Amendment to the as-needed consultant agreement with DeLorenzo Incorporated (#43999 dated October 22,1998) in an amount not to exceed $150,000 for preparation of an Otay Valley Regional Park Trails Plan (term of October 15, 2003 unchanged, as approved under the Third Amendment), commencing upon approval of the Director of Purchasing and Contracting.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

9.

SUBJECT:

ESTABLISHMENT OF APPROPRIATIONS FOR INSTALLATION OF TWO PAVILION STRUCTURES AT LOUIS A. STELZER COUNTY PARK, LAKESIDE  (DISTRICT: 2)

The Louis A. Stelzer Trust Fund was established on May 11, 1973.  The purpose of the Stelzer Trust Fund is twofold: to provide funding for a public park, and free transportation to and from the park primarily for children, especially those who are underprivileged or physically challenged.  On June 15, 1999 (15), the Board of Supervisors authorized the establishment of appropriations in the amount of $50,000 in the Capital Outlay Fund to purchase and install two pavilion structures to protect children and staff from the weather and provide needed shade during the summer months.  Park staff has completed the purchase of two pavilion structures at a cost of $18,850.  Staff has solicited and received various bids for the construction and installation of specialized weatherproof access ramps and decking for the project.  All bids were higher than the remaining funding allocation.  This request is to approve an additional $10,000 to be transferred from the existing Stelzer Park Development trust fund to the Capital Outlay Fund established for this project. 

Funds for this request are not budgeted.  The funding source is the Louis A. Stelzer Trust Fund 309200.  If approved, this request will result in $10,000 current year cost, no annual cost and will require the addition of no staff years.  Maintenance of the constructed facilities will be managed with existing budgeted resources within the Department of Parks and Recreation.  There will be no additional cost to the General Fund resulting from this action.

CHIEF ADMINISTRATIVE OFFICER

1.    Find in accordance with Section 15303(e) of the California Environmental Quality Act (CEQA) Guidelines that this project is categorically exempt from CEQA.

2.   Approve and authorize the establishment of appropriations in the amount of $10,000 in Capital Project KN9036, Louis A. Stelzer Park Pavilion Structures, based on funding available in the Louis A. Stelzer Trust Fund 309200 (ZZ7062).   (4 VOTES)

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

10.

SUBJECT:

ADVERTISEMENT TO BID AND AWARD A CONSTRUCTION CONTRACT FOR THE SPRING VALLEY PARK PLAYGROUND PROJECT (DISTRICT: 2)

On May 2, 2000(5) and May 1, 2001(2) the Board of Supervisors approved the Fiscal Years 2000-2001 and 2001-2002 Community Development Block Grant/HOME Investment Partnerships/Emergency Shelter Grant/Housing Opportunities for Persons with AIDS Program Annual Funding Plans, which included $100,000 and $75,000 respectively, for the design and construction of the Spring Valley Park Playground.  The Spring Valley Park Playground project includes demolition of an outdated playground, design and installation of a new tot lot playground, junior playground, site furnishings to include benches, picnic tables and trashcans, concrete sidewalks and plaza area, minor landscaping and irrigation.

This action will establish additional appropriations in the amount of $50,000 in Capital Project KN1885 to supplement the project, and approve contract documents and authorize advertisement for public bidding and award of a construction contract estimated at $185,000, including ten percent contingency, for the construction project.  Remaining project funds will be used for related project costs, including construction inspection services and project contract administration costs. 

Funds for this project in the amount of $167,939 are budgeted and available in the Capital Outlay Fund.  Funds in the amount of $50,000 are being appropriated by this action.  The funding sources are Fiscal Year 2000-2001 and Fiscal Year 2001-2002 Community Development Block Grant (CDBG) funds which are available in the project and the Spring Valley area PLDO funds being appropriated as a result of this action.  If approved, this request will result in $217,939 current year cost, $0 annual cost and will require the addition of no staff years.  Maintenance of the constructed facilities will be managed utilizing County Service Area 128 funds.  There will be no additional cost to the General Fund resulting from this action.

CHIEF ADMINISTRATIVE OFFICER

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

2.    Transfer appropriations in the amount of $50,000 from Account 3453 to Account 6310 within the Spring Valley area Park Land Dedication Ordinance (PLDO) fund 119020, to provide funds for the Spring Valley Park Playground project.

3.    Establish appropriations in the amount of $50,000 in Capital Project KN1885 – Spring Valley Community Center Playground Improvements, based on an operating transfer from the Spring Valley area PLDO fund.  (4 VOTES)

4.    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.

5.    Designate the Director, Department of Parks and Recreation, as the County Officer responsible for administration of the contract.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

11.

SUBJECT:

ESTABLISHMENT OF APPROPRIATIONS TO CONSTRUCT ADDITIONAL IMPROVEMENTS AT SWEETWATER AREA NO. 17 - SWEETWATER REGIONAL PARK STAGING AREA (DISTRICT: 1)

In 1999 the Board of Supervisors approved funding in the amount of $66,250 for conceptual landscape improvement plan alternatives for the restoration of Area No. 17 in Sweetwater Regional Park.  In 2000 additional General Fund appropriations in the amount of $123,000 were approved for removal of concrete and additional improvements to the staging area in the park, including removal of large pieces of concrete, and the construction of an equestrian staging area, improvements to trails, parking lot facilities, installation of interpretive signs, landscape and irrigation, removal and replacement of deteriorated access barriers, and associated improvements.

On May 2, 2001(11), the Board approved advertising for bids and award of a construction contract for these improvements.  As the project progressed it was determined that additional road and parking work were necessary in order to make the area safer to use.  The construction contract for the staging area is for $103,751; however, in order to complement this work with added safety features, additional funding in the amount of $48,500 is needed.  This action will result in the appropriation of $25,251 from the Park Land Dedication Ordinance (PLDO) interest fund, and $23,249 from Department of Parks and Recreation budgeted Grant Match General Funds to supplement the construction project. 

Funds for this request are not budgeted.  The funding sources are current year budgeted Department of Parks and Recreation Grant Match General Funds ($23,249) and Park Land Dedication Ordinance (PLDO) Interest funding ($25,251).  This PLDO funding was originally designated for land acquisition within the Sweetwater Summit Regional Park.  The acquisition is no longer needed because of the State of California’s extension of Route 125 (SR125).  When the project was discontinued, allocated funds in the amount of $25,251 reverted to the PLDO interest fund.  It is now being requested that these funds be used to supplement the Sweetwater Area No. 17 construction project.  If approved, this request will result in approximately $48,500 current year cost, no annual cost, and will require the addition of no staff years.  Maintenance and operations of the constructed facilities will be managed with existing budgeted Department of Parks and Recreation resources.  There will be no additional cost to the General Fund resulting from this action.

1.    Find in accordance with Sections 15301 and 15304 of the California Environmental Quality Act (CEQA) Guidelines that the proposed actions are categorically exempt from CEQA.

2.   Waive Board Policy A-91, Mid-Year Budget Changes, to allow for the appropriation of current year budgeted Parks and Recreation Department Grant Match General Funds into the Capital Outlay Fund.

3.   Transfer appropriations in the amount of $25,251 from Account 3453 to Account 6310 within the Park Land Dedication Ordinance (PLDO) Interest fund 119050 (Org. 5449).

4.   Establish appropriations in the amount of $25,251 in Capital Project KN9031, Sweetwater Regional Park Staging Area, based on an operating transfer from the PLDO Interest fund.  (4 VOTES)

5.   Transfer appropriations in the amount of $23,249 within the Parks and Recreation Department budget from Org. 5101, Account 3453 (Contributions to Other Agencies) to Org. 5101, Account 6310 (Operating Transfers Out), to provide funds for Sweetwater Regional Park Staging Area.

6.   Establish appropriations in the amount of $23,249 in Capital Project KN9031, Sweetwater Regional Park Staging Area, based on an operating transfer from the General Fund.  (4 VOTES)

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

12.

SUBJECT:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AN ORDINANCE AMENDING THE FIRE CODE PORTION OF THE COUNTY CODE OF REGULATORY ORDINANCES AND RATIFYING A CONSOLIDATED FIRE CODE SHOWING ALL AMENDMENTS BY LOCAL FIRE DISTRICTS TO THE FIRE CODE PORTION OF THE CALIFORNIA BUILDING STANDARDS CODE

(DISTRICT: ALL)

On October 10, 2001 (1), your Board introduced Ordinances for further Board consideration on October 17, 2001.

There is no fiscal impact associated with these recommendations.

CHIEF ADMINISTRATIVE OFFICER:

Adopt the Ordinance entitled:

AN ORDINANCE AMENDING THE FIRE CODE PORTION OF THE COUNTY CODE OF REGULATORY ORDINANCES AND RATIFYING A CONSOLIDATED FIRE CODE SHOWING ALL AMENDMENTS BY LOCAL FIRE DISTRICTS TO THE FIRE CODE PORTION OF THE CALIFORNIA BUILDING STANDARDS CODE

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Ordinance No.  9397  (N.S.), entitled: AN ORDINANCE AMENDING THE FIRE CODE PORTION OF THE COUNTY CODE OF REGULATORY ORDINANCES AND RATIFYING A CONSOLIDATED FIRE CODE SHOWING ALL AMENDMENTS BY LOCAL FIRE DISTRICTS TO THE FIRE CODE PORTION OF THE CALIFORNIA BUILDING STANDARDS CODE

AYES:  Cox, Jacob, Slater, Roberts, Horn
 

13.

SUBJECT:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (DISTRICTS: 1, 2, 3 & 5)

On October 10, 2001 (4), your Board introduced Ordinances for further Board consideration on October 17, 2001.

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

Adopt Ordinances entitled:

AN ORDINANCE ADDING SECTION 72.243.33. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO (Item 5C)

AN ORDINANCE ADDING SECTION 72.243.34. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO (Item 5A)

AN ORDINANCE ADDING SECTION 72.243.35. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO (Item 5H)

ON MOTION of Supervisor Roberts , seconded by Supervisor Jacob , the Board of Supervisors took action as recommended, on items 5A and 5H on Consent, adopting Ordinances

No.  9399  (N.S.), entitled: AN ORDINANCE ADDING SECTION 72.243.34. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO (Item 5A); and

No.  9400  (N.S.), entitled: AN ORDINANCE ADDING SECTION 72.243.35. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO (Item 5H)

13.1

ACTION:

ON MOTION OF Supervisor Horn, seconded by Supervisor Jacob, the Board of  Supervisors took action as recommended on Item 5C, adopting Ordinance No. 9398 (N.S.) entitled:  AN ORDINANCE ADDING SECTION 72.243.33. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

AYES:  Cox, Jacob, Slater, Roberts, Horn

14.

SUBJECT:

CLOSED SESSION (DISTRICT:  ALL)

OVERVIEW

A.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Lynne Houts v. County of San Diego, et al.; San Diego County Superior Court No. GIE 004043

B.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Lorie Grindle v. County of San Diego, et al.; San Diego County Superior Court No. GIN 010650    

C.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Vanessa L., et al. v. County of San Diego, et al.; San Diego County Superior Court No. GIC 757386 

D.        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

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

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

G.        CONFERENCE WITH LABOR NEGOTIATORS
Designated Representatives:  Carlos Arauz, Madge Blakey and Mike Kolb
Employee Organizations:  All

H.        PUBLIC EMPLOYEE APPOINTMENT
Title:  Director, Child Support Services

I.          CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Save Our Forest and Ranchlands v. County of San Diego, et al.; San Diego Superior Court No. 676630

ACTION:

County Counsel reported the following action on:

On Item A, by vote of all four members who were present (with District 4 absent), the Board of Supervisors authorized a $48,900 settlement.

On Item B,  by vote of the four members who were present, (with District 4 absent), the Board of Supervisors authorized a $35,000 settlement.

On Item C, by vote of the four members who were present (with District 4 absent), the Board of Supervisors authorized a $75,000 settlement.

On Item H, by vote of all five members, the Board of Supervisors appointed Thomas Boardman as Director of the Department of Child Support Services.
 

15

SUBJECT:

PRESENTATIONS/AWARDS (DISTRICT: ALL)

Chairman Horn presented a Proclamation honoring CECO – United Way/CHAD:  Dr. Roger Lum, CECO Campaign Chair; Vickie Velasco, CECO and Cheryl Kendrick, United Way of San Diego Campaign Director.

Supervisor Slater presented a Proclamation honoring Breast Cancer Awareness Month to:  Dani Grady, Cancer Survivorship San Diego, Jan Barnes, The Wellness Community, Arlyne Draper, Y-Me San Diego, and Bink Cook, The Brighter Side.