1.

SUBJECT:

CONTINUED NOTICED PUBLIC HEARING:

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

On August 8, 2001 (2), your Board continued this item to Wednesday, October 31, 2001, at the request of the Chief Administrative Officer.

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 Jacob, seconded by Supervisor Slater, the Board of Supervisors, continued this hearing to February 13, 2002, at 9:00 a.m., on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn

2.

SUBJECT:

NOTICED PUBLIC HEARING:

AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE RELATING TO HISTORIC/ARCHAEOLOGICAL LANDMARKS AND HISTORIC DISTRICTS POD 01-01 (DISTRICT: ALL)
 

Currently, The Zoning Ordinance allows the removal of the “H” Historic/Archaeological Landmark and Historic Districts Designator only if the historic resource has been destroyed or its historic values have been eliminated subsequent to its designation.  There is no means to remove the designator if it is discovered that the resource does not meet current listing criteria.  The purpose of this Zoning Ordinance amendment is to add criteria under which the “H” Designator could be removed, through a Rezone, if certain findings can be made and to bring County regulations into conformance with the State.

N/A

PLANNING COMMISSION

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

2.      Adopt the attached Form of Ordinance (Attachment A):

AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE RELATING TO HISTORIC/ARCHAEOLOGICAL LANDMARKS AND DISTRICTS

CHIEF ADMINISTRATIVE OFFICER

Concurs with the Planning Commission.

Item 3.b (1) of the Ordinance amended to read:  “Is associated with events that have made a significant contribution to the broad patterns of San Diego County's regional or community history and cultural heritage;” ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors closed the hearing and took action as recommended, adopting Ordinance No. 9402   (N.S.), entitled: AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE RELATING TO HISTORIC/ARCHAEOLOGICAL LANDMARKS AND DISTRICTS.

AYES:  Cox, Jacob, Slater, Roberts, Horn

3.

SUBJECT:

NOTICED PUBLIC HEARING:

HEARING TO VACATE A PORTION OF ALVARADO STREET (VAC 01-007), FALLBROOK COMMUNITY PLANNING AREA

(DISTRICT: 5)
 

This is a request to vacate a portion of Alvarado Street (SC 10) in the community of Fallbrook. The portion to be vacated is approximately 56 feet long and 12 feet wide.  It is located east of the North Pico Avenue/Alvarado Street intersection and is adjacent to a commercially zoned lot (APN 103-263-19).

The portion of right-of-way proposed to be vacated was granted to the County of San Diego on October 30, 1969.  At that time, Alvarado Street (SC 10) was classified as a Collector Road.  A Collector Road requires 84 feet of total right-of-way.  On August 23, 1979 (10), the Board adopted GPA 79-CE which included the reclassification of Alvarado Street (SC 10), to a Light Collector. The County’s Public Road Standards for a Light Collector require only 60 feet of total right-of-way.  The area proposed for vacation is not needed to construct a Light Collector Road.  It is considered excess right-of-way and is no longer needed for public use

N/A

CHIEF ADMINISTRATIVE OFFICER

1.      Find the project as proposed is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15305 (Minor Alterations in Land Use Limitations).  Proposed project is a road vacation, in an area with an average slope less than 20% which does not result in any changes to land use or density.

2.     Adopt a Resolution entitled Resolution Vacating A Portion of Alvarado Street (Attachment A).

3.     Direct the Clerk of the Board of Supervisors to record this Resolution pursuant to Streets and Highways Code Section 8325.

ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors closed the hearing and took action as recommended, on Consent; adopting Resolution No. 01-305, entitled: RESOLUTION VACATING A PORTION OF ALVARADO STREET (SC 10).

AYES:  Cox, Jacob, Slater, Roberts, Horn

4.

SUBJECT:

APPEAL HEARING: DENIAL OF TRANSFER OF NON-EXCLUSIVE SOLID WASTE MANAGEMENT AGREEMENT BETWEEN THE COUNTY AND DOMINION DISPOSAL, INC. TO  NATIONAL ENVIRONMENTAL WASTE CORPORATION (DISTRICT: ALL)
 

On January 6, 1998 (13), the Board adopted an ordinance amending sections of the County Code of Regulatory Ordinances related to Sewage and Refuse Disposal, including amendments establishing a Solid Waste Management Agreement system for solid waste collectors. To operate as a trash disposal service in unincorporated areas of San Diego County, trash haulers must have a signed Non-Exclusive Solid Waste Management Agreement (Agreement).  In the County, the number of Agreements issued is limited to 29. National Environmental Waste Corporation (NEWCO), a solid waste collector, had purchased a small operation site from Dominion Disposal, Inc. in San Diego, and applied for transfer of its Agreement to NEWCO. By signing the application, NEWCO agreed to review of the application by appropriate County agencies, and consented to a background investigation conducted by the Sheriff's Department.

Upon conclusion of the background investigation, on September 25, 2001, the Department of Public Works issued a notice to NEWCO denying the requested Agreement.  The notice was issued because it was discovered that the President of NEWCO had been fined in July, 2001, by the State's Fair Political Practices Commission for violating provisions of the Political Reform Act of 1984 relating to campaign expenditures. NEWCO has appealed the Department of Public Works' denial.  Requested action is to hear the appeal and deny transfer of the Agreement to NEWCO.

This request will have no fiscal impact.

CHIEF ADMINISTRATIVE OFFICER

Deny transfer of a Non-Exclusive Solid Waste Management Agreement with the County of San Diego, from Dominion Disposal, Inc. to National Environmental Waste Corporation per County Code of Regulatory Ordinances Section 68.550 (c).

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

5.

SUBJECT:

SET HEARING FOR 12/05/2001

UTILITY UNDERGROUNDING FOR FALLBROOK STREET AND MISSION ROAD IN THE FALLBROOK AREA (DISTRICT: 5)
 

The purpose of the Underground Utility District program is to improve the appearance of communities by undergrounding overhead utilities in areas of benefit to the general public.  Board Policy J-17, Undergrounding of Existing Overhead Utility Facilities, establishes a policy and procedure for district formation and program administration. 

These two projects propose to underground utility lines along portions of Fallbrook Street, from Alturas Road to Mission Road, and along Mission Road, from Hill Avenue to Main Avenue, in the community of Fallbrook.

Establishing an Underground Utility District is a two-step process.  The first step is to adopt a resolution of intention to set a date for the public hearing.  The second step is to adopt an ordinance forming the district at the close of the public hearing.

Utility companies underground their overhead lines at their own expense.  Funds for formation and administration of this district are budgeted in Department of Public Works General Fund.  If approved, this request will result in a $2,000 current year cost, a $1,000 subsequent year cost, and will require no additional staff years.

CHIEF ADMINISTRATIVE OFFICER

1.     Find, in accordance with Section 15301(b) of California Environmental Quality Act (CEQA) Guidelines, this action is exempt from CEQA provisions because it represents replacement of existing facilities.

2.    Adopt a Resolution entitled Resolution of Intention to Form Underground Utility District No. 93, Fallbrook Street, Phase I, setting a public hearing for December 5, 2001.

3.    Adopt a Resolution entitled Resolution of Intention to Form Underground Utility District No. 94, Mission Road, Phase III, setting a public hearing for December 5, 2001.

4.    At the close of the public hearing on December 5, 2001, adopt AN ORDINANCE ADDING SECTION 89.294 TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES TO FORM AN UNDERGROUND UTILITY DISTRICT FOR FALLBROOK STREET, PHASE I, UNDERGROUND UTILITY DISTRICT NO. 93.

5.    At the close of the public hearing, adopt AN ORDINANCE ADDING SECTION 89.295 TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES TO FORM AN UNDERGROUND UTILITY DISTRICT FOR MISSION ROAD, PHASE III, UNDERGROUND UTILITY DISTRICT NO. 94.

ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent; and set this matter for hearing on December 5, 2001, 9:00 a.m., and adopting Resolution No. 01-305 entitled: RESOLUTION OF INTENTION TO FORM UNDERGROUND UTILITY DISTRICT NO. 93 FALLBROOK STREET, PHASE I, and Resolution No. 01-306, entitled: RESOLUTION OF INTENTION TO FORM UNDERGROUND UTILITY DISTRICT NO. 94 MISSION ROAD, PHASE III.

AYES: Cox, Jacob, Slater, Roberts, Horn

6.

SUBJECT:

APPROVAL OF FIRE PROTECTION AGREEMENTS BETWEEN THE COUNTY OF SAN DIEGO AND COUNTY SERVICE AREA NOS. 109 – MOUNT LAGUNA AND 111 - BOULEVARD  (DISTRICT: 2)
 

On August 4, 1987 (28-32), the Board approved agreements with five County Service Areas (CSAs), including CSA 109 – Mount Laguna and CSA 111 – Boulevard, to clarify and formalize the relationship between volunteer fire department and the County.  CSAs are administrative arms of the County and are separate entities from the volunteer fire departments.  Under those agreements, volunteer fire departments provide structural fire protection and emergency medical services to the best of their ability.  CSAs support these services by purchasing insurance, equipment, services and supplies with revenue available from property taxes, fire mitigation fees, and in some cases, special taxes.

The Board of Directors of Mount Laguna Fire Department and Boulevard Fire Department requested new agreements transferring responsibility for purchasing equipment and supplies from the County to the fire departments.  These agreements will benefit Mount Laguna and Boulevard by reducing the cost of using County Department of Purchasing and Contracting to purchase; Auditor and Controller to pay for supplies, equipment and maintenance; and Department of Public Works Special Districts section for administration.  Under the new agreements, when the fire departments purchase minor equipment, it will be directly reimbursable from their County Service Area funds. The Board has approved similar agreements on behalf of CSA 107 – Elfin Forest, April 4, 1989 (4); CSA 113 – San Pasqual, July 23, 1991 (16); CSA 110 – Palomar Mountain, April 13, 1999 (9); and CSA 112 – Campo, October 25, 2000 (11).

This is a request to enter into agreements with Mount Laguna Fire Department on behalf of County Service Area (CSA) 109 and Boulevard Fire Department on behalf of County Service Area (CSA) 111 allowing them direct reimbursement from their CSA funds. 

This request will have no impact on the County General Fund.  Funding sources are County Service Areas 109 and 111.  If approved, this request will result in no current year costs, 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.      Approve and authorize the Clerk of the Board to execute two copies of the Fire Protection Agreement between Mount Laguna Fire Department and County of San Diego on behalf of County Service Area 109 allowing Mount Laguna Fire Department to be reimbursed by County Service Area 109.

3.      Approve and authorize the Clerk of the Board to execute two copies of the Fire Protection Agreement between Boulevard Fire Department and County of San Diego on behalf of County Service Area 111 allowing Boulevard Fire Department to be reimbursed by County Service Area 111.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

7.

SUBJECT:

ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF BRIDGE BARRIER RAIL REPLACEMENTS FOR LILAC ROAD AND WILLOWS ROAD BRIDGES (DISTRICT: 2, 5)
 

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 June 14, 2000 (20), the Board accepted federal program supplements for the replacement of barrier rails and guardrails at three County bridges.  These bridges are on Lilac Road, Riverside Drive, and Willows Road. The existing timber rails and guardrails at these bridges are in poor condition, and they should be replaced to enhance traffic safety for the traveling public.  The bridge barrier rail replacement for the Riverside Drive Bridge will be done with the seismic retrofit of that bridge, as combining these two aspects of construction in one construction contract is more economically efficient.

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 Lilac Road and Willows Road bridges. 

Funding for construction has been budgeted in the FY 2001-02 Public Works Detailed Work Program. Funding sources are Federal Highway Bridge Replacement and Rehabilitation Funds ($362,973) and Gas Tax ($47,027).  If approved, this request will result in a current year construction cost for Lilac and Willows Road Bridges of $410,000, 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 Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn

8.

SUBJECT:

APPROPRIATION OF FUNDING AND AUTHORIZATION TO ADVERTISE FOR BID AND AWARD OF A CONSTRUCTION CONTRACT – RAINBOW PARK (DISTRICT: 5)
 

The Rainbow Community Plan, adopted September 29, 1971 and amended December 14, 1988 identifies this 5-acre parcel for development as an active recreation park, in coordination with the needs of the adjacent Rainbow School facility.  This is the only active recreational facility in the community of Rainbow.  The nearest park facility outside the community of Rainbow is Live Oak Park, ten miles away in the community of Fallbrook.  The Rainbow community has a population of approximately 1,600 persons, and development of this parkland would average out to 3.1 acres of parkland per 1,000 persons.

The proposed project will develop a 5-acre parcel of land owned by the County of San Diego Department of Parks and Recreation, and will complement the existing school recreational facilities that abut the property to the east.  The design of the park includes a playground area for children, restrooms, an amphitheater, and a picnic pavilion with sidewalks and parking areas, in addition to a multipurpose play field.  All recreational and access facilities will be in compliance with the Americans with Disabilities Act.

This proposed action will establish additional appropriations in the amount of $800,000 in Capital Project KN9016, Rainbow Park Improvements, to supplement existing funding in the amount of $667,876 for a total of $1,467,876 in current year project funding.  In addition, this action will approve contract documents and authorize advertisement for public bidding and award of a construction contract estimated at $1,323,000, which includes a 10% contingency, for Phase I of the construction project.

Current year funds in the amount of $667,876 consist of $200,000 in Fallbrook area Park Land Dedication Ordinance funds, $400,000 in Proposition 12 Roberti-Z’berg-Harris funding, and $67,876 in County General Funds and are budgeted in the Capital Project.  These funds will be supplemented with $800,000 being appropriated in this action for a total current year project of $1,467,876.  Sources for funds being appropriated in this action are additional Fallbrook area Park Land Dedication Ordinance funds ($350,000), additional State of California Proposition 12 Roberti-Z’berg-Harris funds ($200,000), and Fiscal Year 2001-2002 Reallocated Community Development Block Grant funds ($250,000). 

From these project funds, a construction contract will be awarded at an estimated cost of $1,323,000, including 10% contingency, for construction of Phase I development of Rainbow Park.  If approved, this request will result in $1,467,876 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 a combination of County Service Area 81 funding and previously budgeted Department of Parks and Recreation local park maintenance funding.  There will be no additional cost to the General Fund resulting from this action.

CHIEF ADMINISTRATIVE OFFICER

1.     Find that the Negative Declaration on file in the Department of Planning and Land Use as Log No. 79-2-214 has been adopted in compliance with the California Environmental Quality Act (CEQA) and State and County CEQA Guidelines; that the decision-making body has reviewed and considered the information contained therein prior to approving the project; that the Negative Declaration reflects the independent judgement and analysis of the Board of Supervisors and that there are no changes in the project or in the circumstances under which it is undertaken which involve significant new environmental impacts not considered in the previously adopted Negative Declaration, or a substantial increase in the severity of previously identified significant effects; and that no new information of substantial importance has become available since said Negative Declaration was prepared.

2.    Transfer appropriations in the amount of $350,000 from Account 3453 to Account 6310 in the Fallbrook area Park Land Dedication Ordinance fund 119035.

3.    Establish appropriations in the amount of $350,000 in Capital Project KN9016, Rainbow Park Improvements, based on an operating transfer from the Park Land Dedication Ordinance fund. (4 VOTES)

4.    Establish appropriations in the amount of $200,000 in Capital Project KN9016, Rainbow Park Improvements, based on grant funds available from the Roberti-Z’berg-Harris Phase II funding of the Proposition 12 2000 State Parks Bond Act.              (4 VOTES)

5.    Approve and authorize the reallocation of $250,000 in Community Development Block Grant Contingency Reserve funds to the Rainbow Park Improvements Project KN9016.

6.   Approve and authorize the cancellation of appropriations and related revenue in the amount of $250,000 from Org. 5252, Account 2340, and Revenue Account 9683 in the Housing and Community Development Special Revenue Fund for the Rainbow Park Improvements Project KN9016.

7.   Establish appropriations in the amount of $250,000 in Capital Project KN9016, Rainbow Park Improvements, based on Fiscal Year 2001-2002 Reallocated Community Development Block Grant funds.  (4 VOTES)

8.    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.

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

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

9.

SUBJECT:

AUTHORIZATION TO APPLY FOR AND ACCEPT GRANTS FROM VARIOUS FUNDING PROGRAMS FOR VARIOUS PROJECTS; AND JURISDICTIONAL TRANSFER OF ONE PARCEL FROM DEPARTMENT OF PUBLIC WORKS TO DEPARTMENT OF PARKS AND RECREATION (DISTRICTS: 2,3,5)
 

The Environmental Enhancement and Mitigation Program will award approximately $10,000,000 in competitive grants to state, local, federal, and nonprofit agencies in California for the State 2002-2003 Fiscal Year to mitigate the environmental impact of modified or new public transportation facilities.  This proposed action will approve a Resolution authorizing submittal of a grant application in the amount of $263,000 to acquire property for addition to Volcan Mountain Wilderness Preserve.  These funds do not require a County match and are administered by the Resources Agency of California.  These grants are awarded by the California Transportation Commission.

Urban Recreational and Cultural Centers

The Urban Recreational and Cultural Centers, Museums, and Facilities for Wildlife or Environmental Education Grant Program is funded by the 2000 Parks Bond Act (Proposition 12).  This grant program requires that a project be nominated by a member of the State legislature by July 1, 2001.  The Warner Ranch House and Barn Restoration project received a program nomination and the Department of Parks and Recreation will act as the applicant agency in partnering with the Vista Irrigation District.  This action will approve a Resolution authorizing an application for funding in the amount of $250,000.  There is no match requirement for this grant program.

The 2000 Parks Bond Act (Proposition 12) made $20,000,000 statewide available to local governmental agencies administering units of the State Parks system under an operating agreement with the State Department of Parks and Recreation.  The County Department of Parks and Recreation leases the Agua Caliente Campground property from the State Department of Parks and Recreation.  The State has awarded $600,000 to the County for campground improvements and, as part of the grant agreement process, requires an authorizing Resolution from the Board of Supervisors.  This action will adopt a Resolution approving the acceptance of grant funds for Locally Operated Units of the State Parks System.

San Elijo Open Space Acquisition

The 2000 State Parks Bond Act (Proposition 12) Funding Application Strategy, approved by the Board of Supervisors on March 14, 2001 (8), included funding for open space acquisition within the City of Encinitas.  The State Department of Parks and Recreation has approved the expenditure of $72,000 of the County’s Per Capita share of Proposition 12 funds to reimburse the County Road Fund (Department of Public Works) for the 1.43-acre parcel located on Manchester Avenue near Trabert Ranch Road.  This action will approve a Resolution authorizing the jurisdictional transfer of the parcel from the Department of Public Works to the Department of Parks and Recreation, for preservation as open space.  Upon approval, the Department of Public Works will be reimbursed by previously budgeted grant funding in the amount of $72,000 in the Capital Outlay Fund for the 1.43-acre parcel. 

This action will result in authorization to apply for competitive grants for two projects totaling $513,000.  There is no match requirement for either of these grant programs.  If grant funds are awarded, the Department of Parks and Recreation will contribute in-kind contributions in the form of budgeted staff time, and a monetary match of $7,000 from its annual General Fund Grant Match allocation anticipated for Fiscal Year 2002-2003 (for the Volcan Mountain Acquisition project).  Grant funds, if awarded, will be used to supplement other sources of funding to complete the projects. 

In addition to approval of the submittal of grant applications, this action will result in the jurisdictional transfer of a 1.43-acre parcel of land from the Department of Public Works to the Department of Parks and Recreation; upon approval, the Department of Public Works will be paid $72,000 by way of cash transfer out of the Capital Outlay Fund as reimbursement for the parcel.  Funding for this action is provided by previously budgeted Proposition 12 State Parks Bond Act Per Capita funding available in Capital Project KA1971, San Elijo Acquisitions.  There will be no cost to the County General Fund resulting from this action.

CHIEF ADMINISTRATIVE OFFICER

1.      Adopt a Resolution entitled Approving the Application for and Acceptance of Grant Funds From the Environmental Enhancement and Mitigation Program for the Volcan Mountain Acquisition Project.

2.      Adopt a Resolution entitled Approving the Application for Grant Funds for Urban Recreational and Cultural Centers, Museums, and Facilities for Wildlife Education or Environmental Education Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 for the Warner Ranch House and Barn Restoration Project.

3.      Adopt a Resolution entitled Approving the Grantee to Accept Grant Funds for the Local Assistance Grant Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000.

4.      Appoint the Director, Department of Parks and Recreation, as agent of the County of San Diego to conduct all negotiations, execute and submit all documents which may be necessary for the completion of the aforementioned proposals.

5.      Adopt a Resolution entitled Authorizing Jurisdictional Transfer of Land from the County of San Diego Department of Public Works to the County of San Diego Department of Parks and Recreation.

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

No. 01-308  entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING THE APPLICATION FOR AND ACCEPTANCE OF GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FOR THE VOLCAN MOUNTAIN ACQUISITION PROJECT,

No. 01-309, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING THE APPLICATION FOR  GRANT FUNDS FOR URBAN RECREATIONAL AND CULTURAL CENTERS, MUSEUMS, AND FACILITIES FOR WILDLIFE EDUCATION OR ENVIRONMENTAL EDUCATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 FOR THE WARNER RANCH HOUSE AND BARN RESTORATION PROJECT,

No. 01-310 , entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING THE GRANTEE TO ACCEPT GRANT FUNDS FOR THE LOCAL ASSISTANCE GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000, and

No. 01-311, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS AUTHORIZING JURISDICTIONAL TRANSFER OF LAND FROM THE COUNTY OF SAN DIEGO DEPARTMENT OF PUBLIC WORKS TO THE COUNTY OF SAN DIEGO DEPARTMENT OF PARKS AND RECREATION.

AYES:  Cox, Jacob, Slater, Roberts, Horn

10.

SUBJECT:

APPLICATION FOR AND ACCEPTANCE OF PESTICIDE AND STORMWATER MANAGEMENT GRANT FUNDING (DISTRICT: ALL)
 

OVERVIEW:
In accordance with the San Diego Regional Water Quality Control Board Order No. 2001-01 (Stormwater Permit), the County is required to implement and enforce stormwater management in the unincorporated areas of the county. The County has assumed a lead role among the copermittees in developing model stormwater management plans that address the broad range of businesses, land uses and property owners who will be impacted by the Order. These models will help ensure uniformity among the cities and County in the implementation and enforcement of the Order.

The Department of Agriculture, Weights and Measures requests Board authority to apply to the California Department of Pesticide Regulation for Fiscal Years 2001-2002 and 2002-2003 to receive grant funding through the Pest Management Alliance Grant Program for an estimated amount of $100,000, and to accept the grant funding if it is awarded. These funds would benefit the public and the regulated activities by matching County expenditures of up to $100,000 on outreach efforts required of the County by the Stormwater Permit. With this funding, the department will be coordinating with copermitees as well as industry, trade and professional organizations to facilitate and maximize the effective dissemination of educational materials and information. This outreach effort will inform the regulated entities of their obligations under the permit as well as penalties for noncompliance and strategies for attaining compliance.

The funding source will be a grant award from the California Department of Pesticide Regulation, Pest Management Alliance Grant Program. If the grant is awarded it will match on a dollar per dollar basis existing County expenditures of up to $100,000 during the period from March 1, 2002 through February 28, 2003. If the grant proposal is fully funded it would result in direct cost and revenue of $25,000 in Fiscal Year 2001-2002 and $75,000 in Fiscal Year 2002-2003. This request will result in the addition of no staff years. The recommended actions will have no impact on the General Fund as all matching funding from the Department of Agriculture, Weights and Measures will be derived from current and ongoing budgeted program expenditures.

1.      Adopt a Resolution entitled Authorizing Application for and Acceptance of Pest Management Alliance Grant Program Funding for Fiscal Years 2001-2002 and 2002-03.

2.      Allow the County Agricultural Commissioner to execute agreements, including any extensions and amendments that do not materially impact or alter the grant program or result in increases in net County costs, with the California Department of Pesticide Regulation in an amount not to exceed $100,000 for the period March 1, 2002 through February 28, 2003 for participation in the Pest Management Alliance Grant Program.

ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent; adopting Resolution No. 01-312, entitled: RESOLUTION AUTHORIZING APPLICATION FOR AND ACCEPTANCE OF PEST MANAGEMENT ALLIANCE GRANT PROGRAM FUNDING FOR FISCAL YEARS 2001-2002 AND 2002-2003.

AYES:  Cox, Jacob, Slater, Roberts, Horn

11.

SUBJECT:

WET WEATHER MONITORING CONTRACT FOR COMPLIANCE WITH NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM MUNICIPAL STORMWATER PERMIT (DISTRICT: ALL)
 

On May 19, 2001, the County, all eighteen cities in the county and the San Diego Unified Port District (Copermittees) voted unanimously to have the County act as the Principal Permittee under the new National Pollution Discharge Elimination System Municipal Stormwater Permit (Permit) issued by the San Diego Regional Water Quality Control Board.  A critical component in continuing to maintain compliance with the Permit is conducting water quality monitoring throughout the county.  As the former Principal Permittee, the City entered into a contract with MEC Analytical Systems, Inc. to provide water quality monitoring services for the San Diego region.  The Department of Environmental Health requests Board approval for the County to initiate the new water monitoring contract with MEC Analytical Systems, Inc.

Funds for the County’s portion, which is $319,764 of the proposed contract with MEC Analytical Systems, Inc. and $3,022 of the Permit, are budgeted in the Department of Environmental Health for FY01-02.  If approved, this request will result in an estimated $745,369 in additional costs and revenue annually from FY01-02 through FY05-06.  This is not a full cost recovery contract.  Direct salaries and benefits of $48,551, direct overhead costs of $17,018 and indirect external overhead costs of $7,173 associated with contract monitoring requirements will not be passed on to the Copermittees; therefore, a B-29 waiver is requested.  This request will result in no additional net costs to the General Fund and will require the addition of 0 staff years.

CHIEF ADMINISTRATIVE OFFICER

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

2.      In accordance with and subject to the Procedures for Requesting Exceptions to Competitive Procurement section B(a) of Board Policy A-87, Competitive Procurement, and Board Policy A-96, Sequence for Chief Administrative Officer Determination Regarding Economy and Efficiency of Independent Contractors Pursuant to Charter Section 703.10, authorize the Director, Purchasing and Contracting, to enter into a contract with MEC Analytical Systems, Inc.; and award a five-year sole source contract for water monitoring services for the term beginning in FY01-02 and ending on June 30, 2006, for an amount not to exceed $1,058,155 in FY01-02 and not to exceed $5,290,775 for all five fiscal years; and to execute any amendments, extensions and or revisions thereof that do not materially impact or alter either the program or the funding level.  Waive the advertising requirement of Board Policy A-87.

3.      Waive Board Policy B-29: Fees, Grants Revenue Contracts – Department Responsibility for Cost Recovery, with respect to overhead costs for administering this contract.

4.      Authorize the Director, Department of Environmental Health, to enter into an agreement with the eighteen cities and San Diego Unified Port District (the Copermittees) enabling annual payment of their portion of the wet weather monitoring services contract with MEC Analytical Systems, Inc. in the amount of $738,391 and their portion of the Permit in the amount of $6,978, to ensure that the City of San Diego is credited for amounts it pays directly to MEC Analytical Systems, Inc. for wet weather monitoring services performed under the City’s existing contract during FY 2001-02, and is reimbursed if its direct payments for these expenses exceeds its share of the total costs for wet weather monitoring services performed by MEC Analytical Systems, Inc. during FY 2001-02.

5.      Authorize the Auditor and Controller to establish an interest-bearing trust fund to receive the revenue from the various Copermittees that share the costs of the wet weather monitoring services.

6.      Establish appropriations of $745,369 in the Department of Environmental Health to fund wet weather monitoring services and the state Municipal Stormwater Permit based upon unanticipated revenue from the Copermittees. (4 VOTES)

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

12.

SUBJECT:

NEW REVENUE AGREEMENT WITH GREGORY CANYON LTD. (DISTRICT: 5)
 

On September 29, 1998 (9), the Board authorized the Department of Environmental Health to enter into a revenue agreement with Gregory Canyon Ltd. to fund all activities necessary to process a Solid Waste Facility Permit application for a landfill at the Gregory Canyon site.  That revenue agreement expired on June 30, 2001.

The Department of Environmental Health seeks authorization to enter into a new revenue agreement with Gregory Canyon Ltd.  This agreement will fund activities of the Department of Environmental Health and the Department of Planning and Land Use associated with continued processing of the Solid Waste Facility Permit application package for the proposed Gregory Canyon Landfill.

Funds for this request are not budgeted in the Department of Environmental Health.  The funding source is the revenue agreement with Gregory Canyon, Ltd. If approved, this request will result in $60,000 in current year costs and revenue (including internal and external overheads), no annual cost, and will require the addition of no staff years. 

Department of Planning & Land Use

Funds for this request are budgeted in the Department of Planning and Land Use.  The funding source is the revenue Agreement with Gregory Canyon Ltd. If approved, this request will result in $24,000 in current year cost and revenue, (including internal and external overheads), no annual cost, and will require the addition of no staff years.

CHIEF ADMINISTRATIVE OFFICER

1.      Authorize the Director, Department of Environmental Health to enter into a revenue agreement with Gregory Canyon, Ltd. to fund review and processing activities of the Solid Waste Facility Permit application package for the Gregory Canyon site solid waste landfill, including activities necessary to comply with the California Environmental Quality Act.

2.      Authorize the Director, Department of Environmental Health, to execute amendments or revisions thereof, including extensions of the agreement that do not materially impact or alter either the program or funding level.

3.      Establish appropriations of $54,680 in the Department of Environmental Health to fund review and processing activities of the Solid Waste Facility Permit application package, based upon unanticipated revenue from the agreement with Gregory Canyon, Ltd. (4VOTES)

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

13.

SUBJECT:

ADMINISTRATIVE ITEM:

APPROVAL OF A FINAL MAP AND SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS FOR COUNTY OF SAN DIEGO TRACT NO. 5151-1, LOCATED IN VALLEY CENTER PLANNING AREA (DISTRICT: 5)
 

This project is a subdivision consisting of 7 single-family residential lots, and a total of 20.50 acres.  It is located in the Valley Center area, on the east side of Wilkes Road, approximately one-quarter mile southerly of Old Castle Road .  (Thomas Guide, Page 1069, G-6 , 2001 Edition)

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

N/A

CHIEF ADMINISTRATIVE OFFICER

1.   Approve this map and accept on behalf of the public, subject to improvements, Wilkes Road, together with the right to extend and maintain drainage facilities, excavation and embankment slopes beyond the limits of the right-of-way, for use as a street as dedicated on said map.  Accept Wilkes Road solely for the purpose of designating the road, in County Service Area #130, for public use.  The County by this action is not accepting the road into the County maintained system, and the County will not be responsible for maintenance.

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

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

14.

SUBJECT: 

PRESENTATIONS/AWARDS
 

Chairman Horn presented a proclamation to Assistant Scoutmaster Bob Kahle, First Class Scout Jordan Kahle, First Class Scout Jameson Malpezzi, and Tenderfoot Scout Kolbe, honoring the 85^th Anniversary of the Boy Scouts of America.

15.

PUBLIC COMMUNICATIONS

Joyce Ward addressed the Board regarding Rosemary's  Mountain.