STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING - PLANNING AND LAND USE MATTERS
WEDNESDAY, MAY 10, 2006, 9:00 AM
Board of Supervisors North Chamber
1600 Pacific Highway, Room 310, San Diego, California
MORNING SESSION: - Meeting was called to order at 9:05 a.m.
PRESENT: Supervisors Bill Horn, Chairman; Ron Roberts, Vice-Chairman; Greg Cox, Dianne Jacob, Pam Slater-Price; also Thomas J. Pastuszka, Clerk.
Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the meeting of April 26, 2006.
ACTION:
ON MOTION of Vice-Chairman Roberts, seconded by Supervisor Slater-Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meeting of April 26, 2006.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
Public Communication: [No Speakers]
Board of Supervisors’ Agenda Items
1. / CENTRAL AVENUE FLOOD CONTROL IMPROVEMENTS IN THE BONITA COMMUNITY: ADOPT MITIGATED NEGATIVE DECLARATION, ADVERTISE AND AWARD CONSTRUCTION CONTRACT(4 VOTES)
(Relates to San Diego County Flood Control Districts No. 1)
2. / ADOPT THE OTAY RIVER WATERSHED MANAGEMENT PLAN
3. / APPROVE FISCAL YEAR 2006-07 REVENUE AGREEMENT WITH THE STATE OF CALIFORNIA WATER RESOURCES CONTROL BOARD FOR THE LEAKING UNDERGROUND STORAGE TANKS PROGRAM
[FUNDING SOURCE(S): REVENUE AGREEMENT WITH STATE WATER RESOURCES CONTROL BOARD]
4. / GETTING THE WORD OUT ON UNIVERSAL WASTE - STATUS REPORT AND AUTHORIZATION TO APPLY FOR AND ACCEPT HOUSEHOLD HAZARDOUS WASTE GRANTS FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
[FUNDING SOURCE(S): CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD]
5. / TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
6. / LANDFILL GAS TO ENERGY: ADVERTISE AND AWARD CONTRACT FOR INSTALLATION OF NEW MICROTURBINE SYSTEM AT JAMACHA LANDFILL
(4 VOTES)
7. / LOAN REQUESTS AND APPROPRIATIONS FOR PERMANENT ROAD DIVISION ZONES 1014 - LAVENDER POINT LANE AND 1015 - LANDAVO
[FUNDING SOURCE(S): COMBINATION OF PRIVATE BANK AND PERMANENT ROAD DIVISION INTERNAL SERVICE FUND LOANS WITH A FIVE YEAR TERM. THE LOANS WILL BE REPAID BY ANNUAL ASSESSMENTS PLACED ON PROPERTY TAX BILLS OF PARCELS WITHIN THE TWO DISTRICT ZONES]
(4 VOTES)
8. / AUTHORIZE EXECUTION OF A CONSULTANT CONTRACT FOR ENVIRONMENTAL SERVICES RELATED TO IMPROVING AGRICULTURAL COMPOSTING; RECEIVE REPORT ON ORGANICS RESOURCE MANAGEMENT
9. / CONTINUED NOTICED PUBLIC HEARING:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCES:
APPROVAL OF DEPARTMENT OF PARKS AND RECREATION FEES AND ADDITION OF STAFF FOR REVIEWING LAND DEVELOPMENT PROJECTS
(4 VOTES)
10. / CONTINUED NOTICED PUBLIC HEARING:
APPEAL OF THE PLANNING COMMISSION’S DENIAL OF SANDSTONE CONDOMINIUM CONVERSION; TENTATIVE MAP (TM) 5397, SPRING VALLEY COMMUNITY PLAN AREA
(CARRYOVER FROM 4/5/06 AGENDA NO. 2)
11. / CONTINUED NOTICED PUBLIC HEARING:
OAK COUNTRY ESTATES: GENERAL PLAN AMENDMENT GPA05-007; SPECIFIC PLAN SP 01-002; ZONE RECLASSIFICATION R03-011; TENTATIVE MAP TM5253RPL5, ADMINISTRATIVE PERMIT AD05-043; RAMONA COMMUNITY PLANNING AREA
(CARRYOVER FROM 4/26/06 AGENDA NO. 2)
12. / CLOSED SESSION
(CARRYOVER FROM 05/09/06, AGENDA ITEM NO. 30)
5/10/06 18
1. / SUBJECT: / CENTRAL AVENUE FLOOD CONTROL IMPROVEMENTS IN THE BONITA COMMUNITY: ADOPT MITIGATED NEGATIVE DECLARATION, ADVERTISE AND AWARD CONSTRUCTION CONTRACT (DISTRICT: 1)OVERVIEW:
The Central Avenue Flood Control Improvement Project will improve drainage facilities by increasing drainage capacity up to and including a 100-year runoff event in the vicinity of Central Avenue in Bonita (Thomas Guide page 1311, A-1). The area has historically experienced significant flooding. The project is intended to reduce the risk of flooding on property adjacent to the drainage facilities and improve the safety of County maintained roads that are subject to inundation by floodwater.On December 14, 2005 (8), your Board approved application to the Federal Emergency Management Agency (FEMA) for a hazard mitigation plan grant for this project under the “Pre-disaster Mitigation Program” and other similar programs. This item includes adoption of a resolution approving application and acceptance of a grant from the “Hazard Mitigation Grant Program.”. Based on discussions with State Office of Emergency Services, FEMA’s approval of this grant appears imminent.
On March 15, 2006, a Mitigated Negative Declaration for the Drainage Improvement Project was circulated for 30-day public review. The review period ended April 14, 2006. Comments were received and staff has responded.
This is a request to approve the Mitigated Negative Declaration, establish appropriations, accept the grant if approved by FEMA, and authorize advertisement and subsequent award to the lowest responsive and responsible bidder, of a contract for construction of Central Avenue Flood Control Improvements. It is anticipated that by early Fiscal Year 2006-07, the Department of Purchasing & Contracting will advertise and subsequently award a contract for construction. Construction contract award will not be made until all property rights necessary to construct the project have been secured. Construction is tentatively scheduled to begin November 2006 and to be completed in September 2007.
FISCAL IMPACT:
Funding for the Central Avenue Flood Control Project will total $10 million, with construction occurring during Fiscal Year 2006-07. Funding sources are unanticipated revenue from a $2,932,500 million FEMA HMGP grant, $6,567,500 from General Fund, and $500,000 from Special Drainage Area Fees in the County Flood Control District. Actions requested would make $7,500,000 available for construction including contingencies, and $2,500,000 for acquisition of rights of way, construction management and environmental clearances. This project will require no additional staff years.RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICERActing as the Board of Supervisors:
1. Find on the basis of the whole record, that there is no substantial evidence this project will have a significant effect on the environment. Consider the Mitigated Negative Declaration together with comments received during public review, and adopt it, finding that it reflects the independent judgment and analysis of the Board of Supervisors.
2. Adopt the Mitigation Monitoring and Reporting Program prepared in accordance with Public Resources Code, Section 21081.6, and authorize the Director, Department of Public Works, to ensure compliance with the Mitigation Monitoring and Reporting Program.
3. Adopt the Findings of Conformance with the Multiple Species Conservation Program.
4. Establish appropriations of $6,567,500 in the Department or Public Works – General Fund, Operating Transfer Out, for transfer to the Flood Control District based on fund balance available from General Fund. (4 VOTES)
5. Adopt a resolution entitled Resolution of the County of San Diego Board of Supervisors to Authorize the Application for and Acceptance of Federal Hazard Mitigation Grant Program Grant Funds, which will authorize acceptance of a $2,932,500 grant from FEMA Hazard Mitigation Grant Program for Central Avenue Flood Control Improvement project and authorize the Director, Department of Public Works, as County Officer to sign any grant-related agreements necessary to secure and utilize FEMA grant funding for this project.
Relates to San Diego County Flood Control Districts No. 1
ACTION:
ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent, adopting Resolution No. 06-073, entitled RESOLUTION OF THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO AUTHORIZE THE APPLICATION FOR AND ACCEPTANCE OF FEDERAL HAZARD MITIGATION GRANT PROGRAM GRANT FUNDS.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / ADOPT THE OTAY RIVER WATERSHED MANAGEMENT PLAN (DISTRICTS: 1 AND 2)
OVERVIEW:
The Otay River Watershed Management Plan has been in development since 2002. Prompting the development of this document was recognition of the numerous resources and uses in this watershed, as well as the need to meet the requirements of the National Pollution Discharge Elimination System Municipal Permit and the Water Quality Control Plan for the San Diego Basin (Basin Plan). The purpose of the Otay River Watershed Management Plan is to develop a comprehensive framework management plan to guide this watershed’s future. An Otay River Watershed Management Plan Joint Exercise of Powers Agreement was executed by the County of San Diego, Cities of Chula Vista, Imperial Beach, and San Diego, as well as the Port of San Diego. To enable the jurisdictions to jointly develop a Watershed Management Plan for the Otay River which is consistent with the respective agencies’ general plans, meets water quality standards, protects aquatic and upland resources, and provides for flood protection, public recreation, and essential public facilities such as utilities and other infrastructure. In addition, an implementation program is included that describes how each agency could implement the strategies of the Watershed Management Plan.On March 10, 2006, the Otay River Watershed Management Plan Policy Committee voted 4-0-1 to approve and forward the Final Draft Otay River Watershed Management Plan to the Joint Exercise of Powers Agreement Councils and Boards for their consideration, and to designate the Otay River Watershed Management Plan Policy Committee as the Interim Watershed Council. Approval of this action would authorize the Chief Administrative Officer to prepare and execute an amendment to the Otay River Watershed Management Plan Joint Exercise of Powers Agreement to designate the Policy Committee as the Interim Watershed Council and to describe its duties, execute the amendment on behalf of the County and circulate it to the other members of the Joint Exercise of Powers Agreement for their approval.
FISCAL IMPACT:
There is no fiscal impact associated with this action. The proposed action is to adopt the Otay River Watershed Management Plan. Any future project costs that implement the strategies in the Otay River Watershed Management Plan will be addressed at the time each project is approved.RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under section 15262 of the CEQA Guidelines.
2. Adopt the Otay River Watershed Management Plan (Attachment A).
3. Direct the Chief Administrative Officer to prepare and execute an amendment to the Otay River Watershed Management Plan Joint Exercise of Powers Agreement to designate the Otay River Watershed Management Plan Policy Committee as the Interim Watershed Council and to describe its duties, execute the amendment on behalf of the County, and circulate it to the other Joint Exercise of Powers Agreement members for their approval.
ACTION:
ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / APPROVE FISCAL YEAR 2006-07 REVENUE AGREEMENT WITH THE STATE OF CALIFORNIA WATER RESOURCES CONTROL BOARD FOR THE LEAKING UNDERGROUND STORAGE TANKS PROGRAM (DISTRICT: ALL)
OVERVIEW:
The Local Oversight Program of the Department of Environmental Health enforces the cleanup of spills associated with leaking underground fuel storage tanks, thereby protecting the County’s groundwater resources. The Program has been funded through a succession of revenue agreements with the State of California since 1988. Since its inception, over 2,095 cases involving contamination by leaking underground storage tanks have been resolved within the County. The Program currently oversees approximately 927 active cases. Approximately 538 of these cases involve the presence of methyl tertiary-butyl ether, a gasoline additive used to reduce exhaust emissions that is also a groundwater contaminant and suspected carcinogen. The Local Oversight Program is addressing this potential threat to the County’s groundwater resources through a risk-based approach by focusing on groundwater supplies that are most at risk, such as water wells in rural areas.The Department of Environmental Health is seeking Board approval for the Fiscal Year 2006-07 revenue agreement with the State of California Water Resources Control Board to continue oversight activities for sites contaminated by underground storage tank leaks throughout the County, in an estimated amount of $1,568,574 .
FISCAL IMPACT:
Funds for this request are included in the Fiscal Year 2006-07 CAO Proposed Operational Plan for the Department of Environmental Health in the amount of $1,568,574. If approved, this request will result in $1,568,574 in revenue and $1,325,445 in direct cost for Fiscal Year 2006-07. The funding source is the revenue agreement with State Water Resources Control Board. This is a full cost recovery agreement and will require no additional staff years.BUSINESS IMPACT STATEMENT:
The Local Oversight Program provides services to underground storage tank owners, property owners, consultants, contractors, and the San Diego community, through oversight of the investigation and cleanup of spills from underground storage tanks. Further, this program benefits businesses by insuring that cleanups meet State and local standards, enabling tank owners or operators to be reimbursed for costs through the State Water Resources Control Board’s Underground Storage Tank Cleanup Fund.RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER1. In accordance with Section 15061(b)(3) of the State of California Environmental Quality Act (CEQA) Guidelines, find that it can be seen with certainty that there is no possibility this project may have a significant effect on the environment and that it is therefore exempt from CEQA.
2. Approve and authorize the Director, Department of Environmental Health, to execute a revenue agreement with the State of California Water Resources Control Board, in an estimated amount of $1,568,574 for the period of July 1, 2006 through June 30, 2007, to fund the Local Oversight Program and oversee remedial action and cleanup from underground storage tank leaks.
3. Authorize the Director, Department of Environmental Health, to execute any extensions, amendments, and or revisions thereof that do not materially impact or alter either the program or funding level.
ACTION:
ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. / SUBJECT: / GETTING THE WORD OUT ON UNIVERSAL WASTE - STATUS REPORT AND AUTHORIZATION TO APPLY FOR AND ACCEPT HOUSEHOLD HAZARDOUS WASTE GRANTS FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (DISTRICT: ALL)
OVERVIEW:
On January 31, 2006 (19) at the request of Supervisor Cox, the Board of Supervisors directed the Chief Administrative Officer to work with all cities administering household hazardous waste programs in San Diego County and private industry to develop and implement a regional public outreach campaign educating San Diego County residents on the methods to properly dispose of or recycle previously exempt universal waste and report back in 90 days on the status of the public outreach campaign.Universal wastes are a classification of hazardous waste that are more common and pose a lower risk to people and the environment. As of February 9, 2006, when certain exemptions to the California Universal Waste Rule expired, households and small businesses are no longer exempt from the universal waste disposal requirements, and may not place items such as household batteries, fluorescent bulbs, electronics and mercury-containing devices in the trash.
Working through the regional Solid Waste Technical Advisory Committee, representatives from all cities in the County have agreed to develop a regional outreach plan and seek grant funding, with the Department of Environmental Health as the lead agency. Commercial haulers have been actively participating in the distribution of information on universal wastes to their customers. Additionally, the Office of Strategy and Intergovernmental Affairs and the Department of Environmental Health are assessing and will recommend support for legislation that will create solutions supporting outreach and recycling and disposal options for universal waste.
The Board is requested to receive this status report on the development of a regional public outreach campaign to educate residents on the recycling or proper disposal of universal waste. Additionally, it is recommended that the Board adopt a Resolution authorizing application for and acceptance of California Integrated Waste Management Board Household Hazardous Waste Grants for an estimated total amount of $315,000.
FISCAL IMPACT: