COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

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					                             STATEMENT OF PROCEEDINGS
                   COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
                REGULAR MEETING - PLANNING AND LAND USE MATTERS
                          WEDNESDAY, MAY 11, 2005, 9:00 AM
                             Board of Supervisors North Chamber
                    1600 Pacific Highway, Room 310, San Diego, California


    MORNING SESSION: - Meeting was called to order at 9:06 a.m.

    Present: Supervisors Pam Slater-Price, Chairwoman; Bill Horn, Vice-Chairman; Greg Cox;
    Dianne Jacob; Ron Roberts; also Thomas J. Pastuszka, Clerk.

    Approval of Statement of Proceedings/Minutes for the Meetings of April 13, 2005, April 20,
    2005, and April 27, 2005

    ACTION:
    ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board of Supervisors
    approved the Statement of Proceedings/Minutes for the Meetings of April 13, 2005, April 20,
    2005, and April 27, 2005

    AYES: Cox, Jacob, Slater-Price, Roberts, Horn

    Public Communication: [No Speakers]

                                  Board of Supervisors’ Agenda Items

     1.   NOTICED PUBLIC HEARING:
          GENERAL PLAN 2020: NON-RESIDENTIAL LAND USES AND SPECIAL STUDY
          AREA UPDATE

     2.   AMENDMENTS TO AGREEMENTS WITH CONSULTANT FIRMS TO PERFORM
          ENGINEERING SUPPORT SERVICES FOR THREE BRIDGES
          (CARRYOVER FROM 4/20/05, AGENDA NO. 3)
          (4 VOTES)

     3.   ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF
          SWEETWATER SPRINGS BOULEVARD SIDEWALKS IN SPRING VALLEY
          (CARRYOVER FROM 4/20/05, AGENDA NO. 5)
          (4 VOTES)

     4.   THE COUNTY OF SAN DIEGO 2004 MULTIPLE SPECIES CONSERVATION
          PROGRAM SUBAREA PLAN ANNUAL HABITAT TRACKING REPORT




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     5.   NEW COOPERATIVE AGREEMENT WITH SAN PASQUAL BAND OF MISSION
          INDIANS FOR ROAD IMPROVEMENTS ASSOCIATED WITH VALLEY VIEW
          CASINO

     6.   ACCEPTANCE OF DONATION FOR WILDERNESS GARDENS OPEN SPACE
          PRESERVE

     7.   AMENDMENT TO THE REVENUE AGREEMENT WITH THE STATE OF
          CALIFORNIA FOR ENFORCEMENT OF THE STATE RADIATION CONTROL
          LAW
          [FUNDING SOURCE(S): REVENUE AGREEMENT WITH THE CALIFORNIA
          DEPARTMENT OF HEALTH SERVICES AND STATE HEALTH REALIGNMENT
          VEHICLE LICENSE FEE REVENUE]

     8.   APPROVE AND ADOPT A BOARD POLICY ON THE SUPPORT AND
          ENCOURAGEMENT OF FARMING IN SAN DIEGO COUNTY

     9.   SET HEARING FOR 7/13/05
          VACATION OF OSAGE DRIVE BETWEEN CANTON DRIVE AND CAMERON
          DRIVE (VAC 04-004), SPRING VALLEY COMMUNITY PLANNING GROUP

     10. TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

     11. AUTHORIZE SOLICITATION AND AWARD OF A CONTRACT FOR
         STORMWATER POLLUTION PREVENTION RELATED SERVICES AT COUNTY
         INACTIVE LANDFILLS
         [FUNDING SOURCE(S): ENVIRONMENTAL TRUST FUND AND
         HILLSBOROUGH LANDFILL MAINTENANCE FUND]

     12. JOINT EXERCISE OF POWERS AGREEMENT WITH THE SAN DIEGO COUNTY
         WATER AUTHORITY FOR HERBICIDE APPLICATIONS FOR THE ESCONDIDO
         CREEK ENHANCEMENT PROJECT
         [FUNDING SOURCE(S): COUNTY WATER AUTHORITY]

     13. COOPERATIVE AGREEMENT WITH CALTRANS AND SANDAG FOR COUNTY
         ACCEPTANCE OF RIGHT OF WAY SEGMENTS ADJACENT TO STATE ROUTE
         125
         (4 VOTES)

     14. AMENDMENTS TO SUBDIVISION ORDINANCE REGARDING SAN DIEGO
         COUNTY STANDARDS




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     15. AUTHORIZE AGREEMENT WITH THE SAN DIEGO COUNTY WATER
         AUTHORITY AND THE CITY OF SAN DIEGO TO DEVELOP AN INTEGRATED
         REGIONAL WATER MANAGEMENT PLAN
         [FUNDING SOURCE(S): ENVIRONMENTAL TRUST FUND]

     16. EMERGENCY REMEDIATION OF STORMWATER DAMAGED DRAINAGE
         CONVEYANCE SYSTEMS
         (4 VOTES)

     17. APPROVAL OF JOINT SECURED AGREEMENT FOR PUBLIC AND PRIVATE
         IMPROVEMENTS FOR COUNTY OF SAN DIEGO TENTATIVE PARCEL MAP
         NO. 20701, LOCATED IN OTAY SUBREGIONAL PLAN AREA

     18. ADMINISTRATIVE ITEM:
         SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:
         AMENDMENTS TO THE COUNTY OF SAN DIEGO LIGHT POLLUTION CODE,
         POD 04-062

     19. CLOSED SESSION




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1.        SUBJECT:        NOTICED PUBLIC HEARING:
                          GENERAL PLAN 2020: NON-RESIDENTIAL LAND USES AND
                          SPECIAL STUDY AREA UPDATE (DISTRICT: ALL)

          OVERVIEW:
          General Plan 2020 is a comprehensive update of the San Diego County General Plan, establishing
          future growth and development patterns for the unincorporated areas of the County. The purpose
          of this hearing is to review proposed General Plan revisions regarding non-residential land uses,
          particularly commercial and industrial uses, and the special study areas identified on the
          residential land use distribution maps.
          Approval of revisions to non-residential land uses and special study areas will complete the land
          use distribution maps and allow for work to proceed on additional phases of the project, including
          updating the regional road network (Circulation Element) and other regional elements (Land Use,
          Housing, Conservation, Open Space, Safety, Noise, and Public Facilities), as well as the
          Community/Subregional plans and the Draft Environmental Impact Report. All products
          submitted for review during this hearing are subject to further refinements and to future review by
          the Board of Supervisors as part of a complete package of General Plan 2020 products.

          FISCAL IMPACT:
          N/A

          BUSINESS IMPACT STATEMENT:
          Updating the non-residential land uses in the General Plan should assist the business community
          by ensuring that sufficient and appropriately located land is available for commercial, office, and
          industrial land uses, based on projected community demand and economic development goals.

          RECOMMENDATION:
          PLANNING COMMISSION
          1. Endorse the following products:
               Commercial-Industrial Planning Criteria
               Revised Land Use Framework
               Planning Commission Recommendations on Land Use Map Revisions

          CHIEF ADMINISTRATIVE OFFICER
          1. Accept the February 2005 revisions to the Land Use Framework regarding non-residential
             land uses.
          2. Accept the proposed Planning Criteria as the basis for commercial and industrial land use
             decisions.
          3. Accept the Baseline May 2005 map, which reflects revisions made as a result of the
             Commercial-Industrial update process and revisions to the special study areas, for the
             preparation of the General Plan 2020 Environmental Impact Report.



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          4. Direct staff to continue its work resolving the two outstanding special study areas (Ramona
             Town Center and Fallbrook Campus Park).
          5. Direct staff to incorporate non-residential land use map revisions from the Baseline May
             2005 into Board Alternative Map.
          ACTION:
          ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board of Supervisors
          continued the Hearing to May 18, 2005 at 9:00 a.m.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn


2.        SUBJECT:        AMENDMENTS TO AGREEMENTS WITH CONSULTANT FIRMS
                          TO PERFORM ENGINEERING SUPPORT SERVICES FOR THREE
                          BRIDGES (DISTRICTS: 2, 5)
                          (CARRYOVER FROM 4/20/05, AGENDA NO. 3)

          OVERVIEW:
          On April 20, 2005 (3) the Board of Supervisors continued this item to May 11, 2005.
          This letter pertains to three Department of Public Works bridge projects currently in design phase.
          Viejas Boulevard Bridge in Descanso over Sweetwater River (Thomas Guide 1236-A2), Valley
          Center Road Bridge in Valley Center over San Luis Rey River (Thomas Guide 1071-E4), and
          Lawson Valley Road Bridge over Lawson Creek, four miles east of Skyline Truck Trail in Jamul
          (Thomas Guide 1274-A3), are to be replaced as part of the San Diego County Element of the
          Regional Transportation Improvement Program. Design of bridge replacement projects requires
          the expertise of firms having extensive experience with bridge design. Engineering consultant
          firms for these projects were procured through the qualification based selection process of Board
          Policy F-40, Procuring Architectural, Engineering and Related Professional Services.
          Extensive environmental considerations for these bridge projects, and additional need for water
          quality studies, visual impact studies and wildlife crossings requested by environmental
          regulatory agencies, necessitate additional engineering design services. These services are to
          support the environmental processes and documentation required for these projects and enable
          completion of plans for construction.
          On March 29, 2000 (5), the Board approved an agreement with Lim & Nascimento Engineering
          Corporation to provide design services for replacement of Valley Center Road Bridge for an
          amount not to exceed $300,000. On September 12, 2001 (35), the Board approved the first
          amendment to the agreement adding $100,000 for additional design services for total
          compensation not to exceed $400,000. The second amendment, extending the term of contract,
          was administratively executed.
          On May 10, 2000 (8), the Board approved an agreement with T.Y. Lin International to provide
          design services for replacement of Viejas Boulevard Bridge over Sweetwater River for an amount
          not to exceed $250,000. The first amendment, extending the term of the contract, was
          administratively executed.




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          On June 19, 2002 (15), the Board approved an agreement with T.Y. Lin International for design
          services for replacement of Lawson Road Bridge over Lawson Creek for an amount not to exceed
          $150,000.
          This is a request to approve three amendments to agreements of $100,000 each, two with T.Y.
          Lin International for Viejas Boulevard Bridge and Lawson Valley Road Bridge, and one with
          Lim & Nascimento Engineering Corporation for Valley Center Road Bridge.

          FISCAL IMPACT:
          Valley Center Road Bridge, Viejas Boulevard Bridge, and Lawson Valley Road Bridge
          replacement projects are included in the Department of Public Works Fiscal Year 2004-05
          Detailed Work Program. This request will add appropriations based on unanticipated revenue
          from Federal Highway Bridge Replacement and Rehabilitation Funds ($240,000), and fund
          balance available in the Road Fund ($60,000). If approved, this request will result in current
          year cost of $300,000, no annual cost, and will require no additional staff years.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the proposed action is exempt from the California Environmental Quality Act
             (CEQA) as specified under Section 15060(c)(3) of the State CEQA Guidelines because it is
             not a project as defined by Section 15378.
          2.   Find that the proposed independent contractors can provide the services more economically
               and efficiently than by persons employed in the Classified Service.
          3.   Establish appropriations of $300,000 in the Department of Public Works Detailed Work
               Program for Design Consultants based on fund balance available in the Road Fund ($60,000)
               and unanticipated revenue from Federal Highway Bridge Replacement and Rehabilitation
               Funds ($240,000). (4 VOTES)
          4.   Approve and Authorize the Clerk of the Board to execute originals (upon receipt) of the
               following amendments to consultant agreements:
               A. Third Amendment to Agreement with Lim and Nascimento Engineering Corporation for
                  design of Valley Center Road Bridge over San Luis Rey River, for additional
                  compensation not to exceed $100,000, with total compensation under terms of agreement
                  not to exceed $500,000, with a term to end June 30, 2008, or when consultant services
                  are no longer required, whichever comes first.
               B. Second Amendment to Agreement with T.Y. Lin International for design of Viejas
                  Boulevard Bridge over Sweetwater River, for additional compensation not to exceed
                  $100,000, with total compensation under terms of agreement not to exceed $350,000,
                  with a term to end June 30, 2008, or when consultant services are no longer required,
                  whichever comes first.
               C. First Amendment to Agreement with T. Y. Lin International for design of Lawson Valley
                  Road Bridge over Lawson Creek, for additional compensation not to exceed $100,000,
                  with a total compensation under terms of agreement not to exceed $250,000, with a term
                  to end June 30, 2008, or when consultant services are no longer required, whichever
                  comes first.


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          5.   Designate the Director, Department of Public Works, as County officer responsible for
               administrating the contracts.

          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn


3.        SUBJECT:          ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION
                            OF SWEETWATER SPRINGS BOULEVARD SIDEWALKS IN
                            SPRING VALLEY (DISTRICT: 2)
                            (CARRYOVER FROM 4/20/05, AGENDA NO. 5)

          OVERVIEW:
          On April 20, 2005 (5), the Board of Supervisors took action as recommended on
          Recommendations 1, 5, and 6 and continued Recommendations 2, 3, and 4 to May 11, 2005.
          This project involves the construction of sidewalks and installation of street lighting along
          portions of Sweetwater Springs Boulevard in Spring Valley (Thomas Guide 1271-E5 to E7). At
          present, the segment of Sweetwater Springs Boulevard from Monte Vista High School north to
          State Route 94 has intermittent sidewalk and street lighting on both sides of the road. Completion
          of this project will provide continuous lighted sidewalk on both sides of the road for local
          students and residents, thereby improving pedestrian access and safety.
          This is a request to approve advertisement and subsequent award, to the lowest responsive and
          responsible bidder, of a contract to construct Sweetwater Springs Boulevard Sidewalks in Spring
          Valley. Upon Board approval, Department of Purchasing and Contracting will advertise and
          subsequently award a contract for construction. Project construction is scheduled to commence in
          June 2005 and to be complete by December 2005.

          FISCAL IMPACT:
          This project is included in the Department of Public Works Detailed Work Program for Fiscal
          Year 2004-05. Construction was originally planned for Fiscal Year 2005-06. However, the
          design process was accelerated so construction could begin this summer when school is not in
          session. This request will establish appropriations based on unanticipated revenue from State
          Safe Routes to School grant funds ($339,570) and TransNet Exchange funds ($94,430), and fund
          balance available in the Road Fund ($204,000). If approved, this request will result in $638,000
          current year cost, no annual cost, and will require no additional staff years.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Establish appropriations of $339,570 in the Department of Public Works Detailed Work
             Program for Sweetwater Springs Boulevard Sidewalks project, based on unanticipated
             revenue from Safe Route to School funds (4 VOTES)




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          2. Establish appropriations of $204,000 in the Department of Public Works Detailed Work
             Program for Sweetwater Springs Boulevard Sidewalks project, based on Fund Balance
             available in the Road Fund. (4 VOTES)
          3.   Establish appropriations of $94,430 in the Department of Public Works Detailed Work
               Program for Sweetwater Springs Boulevard Sidewalks project, based on unanticipated
               revenue from TransNet Exchange funds. (4 VOTES)
          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn


4.        SUBJECT:        THE COUNTY OF SAN DIEGO 2004 MULTIPLE SPECIES
                          CONSERVATION PROGRAM SUBAREA PLAN ANNUAL HABITAT
                          TRACKING REPORT (DISTRICT: ALL)

          OVERVIEW:
          The County Board of Supervisors adopted the County of San Diego Multiple Species
          Conservation Program Subarea Plan on October 22, 1997 (1). The associated Implementing
          Agreement entered into among the U.S. Fish and Wildlife Service, California Department of Fish
          and Game, and the County, became effective on March 17, 1998. The Implementing Agreement
          includes a requirement that the County prepare an annual accounting for 1) all habitat gained
          through acquisitions or dedications of open space made through the land development process;
          and 2) all habitat lost as a result of discretionary land use and certain ministerial actions.
          This 2004 Annual Report summarizes habitat gains and losses within the three Subarea Plan
          segments (Lake Hodges, South County, and Metro-Lakeside-Jamul) for the period of January 1,
          2004 through December 31, 2004. This report also includes a discussion of management and
          monitoring programs and funding sources that are utilized by the County to meet its obligations
          under the Implementing Agreement.
          During the 2004 accounting period, a total of 5,384.2 acres were gained and 757.8 acres were
          lost within the County Multiple Species Conservation Program Subarea. Of the 5,384.2 acres
          gained, 2,825.4 acres count towards the County’s Multiple Species Conservation Program
          conservation goal of 98,379 acres. The remaining 2,558.8 acres of habitat were acquired in
          areas outside of the County’s pre-approved mitigation/preserve areas and therefore do not
          presently count towards the County’s Multiple Species Conservation Program conservation
          goals.
          The Board is requested to receive the 2004 Annual Report.

          FISCAL IMPACT:
          N/A




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          BUSINESS IMPACT STATEMENT:
          Adoption of the Multiple Species Conservation Program allows for a large connected preserve
          area for sensitive, threatened, and endangered species as well as a streamlined permitting
          process for local landowners.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the approval of the 2004 Annual Report is exempt from the California
             Environmental Quality Act (CEQA) because it is not a project as defined in Section 15378 of
             the CEQA Guidelines.
          2.   Receive the 2004 Annual Report.
          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn


5.        SUBJECT:        NEW COOPERATIVE AGREEMENT WITH SAN PASQUAL BAND
                          OF MISSION INDIANS FOR ROAD IMPROVEMENTS
                          ASSOCIATED WITH VALLEY VIEW CASINO (DISTRICT: 5)

          OVERVIEW:
          On September 10, 1999, the San Pasqual Band of Mission Indians signed a tribal-state gaming
          compact with the State of California. San Pasqual Band opened their temporary Valley View
          Casino on April 18, 2001, and planned to construct a permanent Class III casino at a separate
          location close to the Escondido end of South Lake Wohlford Road on its tribal lands. On June
          19, 2001 (1), the Board approved a Cooperative Agreement (Agreement) with San Pasqual Band
          for mitigation of traffic impacts. Subsequent to the 2001 Agreement, the Band changed its casino
          plans and now considers the temporary Valley View Casino to be its permanent casino. The Band
          plans to expand the casino by 56,360 square feet, including 31,640 square feet of additional
          gaming space, which results in a smaller permanent casino at a different location than was the
          basis of the 2001 Agreement.
          Because of the change in casino plans, impacts to roads in the unincorporated area have
          significantly changed, making a new Agreement necessary. This is a request to approve a new
          Cooperative Agreement with San Pasqual Band, to replace the 2001 Agreement, wherein the
          Band agrees to contribute $5,995,000 towards Valley Center Road Phase II improvements, which
          are currently part of the County Public Works Capital Improvement Program.

          FISCAL IMPACT:
          Funding source for improvements discussed in this request will be San Pasqual Band of Mission
          Indian contributions of $5,995,000. Appropriations from these funds will be requested to be
          established when the project is brought to the Board for approval in FY 2004-05. No subsequent
          year costs are anticipated, and no additional staff years will be required.



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          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find the following action is not subject to California Environmental Quality Act (CEQA)
             review under Section 15601(b)(1) of CEQA Guidelines because it is not a project as defined
             in Section 15378.
          2.   Approve and authorize the Clerk of the Board of Supervisors to execute four copies upon
               receipt of a Cooperative Agreement between the County of San Diego and San Pasqual Band
               of Mission Indians for Road Improvements Associated with Casino Development.
          3.   Authorize the Director, Department of Public Works, to receive, file and execute any
               documents necessary to administer this Agreement.
          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn


6.        SUBJECT:            ACCEPTANCE OF DONATION FOR WILDERNESS GARDENS
                              OPEN SPACE PRESERVE (DISTRICT: 5)

          OVERVIEW:
          Administrative Code section 66 and Board Policy A-112, Acceptance of Gifts and Donations,
          permits the acceptance of gifts over $5,000 by the administrative head of each Department in the
          County, subject to ratification by the Board of Supervisors. This is a request to authorize the
          Department of Parks and Recreation to accept a new solar powered iron entrance gate offered by
          the Friends of Wilderness Gardens Preserve, valued at $15,484, and to authorize the Chair of the
          Board of Supervisors to sign a letter of appreciation to the Friends of Wilderness Gardens
          Preserve for the donated gate. The new entrance gate will provide increased security for the
          preserve during closed hours.

          FISCAL IMPACT:
          There is no fiscal impact resulting from the request to accept the donated entrance gate. If
          approved, the Friends of Wilderness Gardens will work directly with a vendor for purchase and
          installation of the gate. Any maintenance costs to operate the gate will be provided by existing
          appropriations budgeted annually in the Department of Parks and Recreation. There are no
          additional staff years required as a result of this action.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find in accordance with section 15301 of the California Environmental Quality Act (CEQA)
             Guidelines that the installation of a solar powered iron entrance gate at Wilderness Gardens
             Preserve is exempt from CEQA.




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          2. Authorize the Department of Parks and Recreation to accept a new solar powered iron
             entrance gate offered by the Friends of Wilderness Gardens Preserve, valued at $15,484, for
             Wilderness Gardens Preserve.
          3.   Authorize the Chair of the Board of Supervisors to sign a letter of appreciation to the Friends
               of Wilderness Gardens Preserve for the donated solar powered iron entrance gate.
          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn


7.        SUBJECT:            AMENDMENT TO THE REVENUE AGREEMENT WITH THE
                              STATE OF CALIFORNIA FOR ENFORCEMENT OF THE STATE
                              RADIATION CONTROL LAW (DISTRICT: ALL)

          OVERVIEW:
          In accordance with Section 114990 of the California Health and Safety Code, the State is
          authorized to enter into agreements with contractors to conduct technical evaluations of license
          applications and to conduct inspections of facilities that use radioactive material or radiation-
          producing machines. Since 1986, the California Department of Health Services has contracted
          with the Department of Environmental Health to enforce the State Radiation Control Law in San
          Diego County. The local enforcement activities of the Department of Environmental Health’s
          Radiation Control program protect the citizens and environment of San Diego County from the
          effects of radiation and ensure that all State and Federal regulations are met.
          The Department of Environmental Health requests approval to renew the existing revenue
          agreement with the California Department of Health Services in the amount of $602,644 for
          Fiscal Year 2005-06 to enforce the Radiation Control Law in San Diego County. This agreement,
          which has received annual Board approval since 1986, ensures that radioactive materials and x-
          ray machines are in compliance with license conditions and applicable federal and state
          regulations.

          FISCAL IMPACT:
          Funds for this request are included in the proposed Fiscal Year 2005-06 Operational Plan for the
          Department of Environmental Health in the amount of $647,767. The funding sources are the
          revenue agreement with the California Department of Health Services Radiological Health
          Branch in the amount of $602,644, and State Health Realignment Vehicle License Fee revenue in
          the amount of $45,123. As a result of budget constraints at the State level, the maximum
          allowable reimbursement for Fiscal Year 2005-06 from the State has been limited to $602,644.
          This is not a full cost recovery agreement. The projected total program cost is $678,304.
          Estimated direct costs of $45,123 and indirect external overhead costs of $30,537 will not be
          offset in Fiscal Year 2005-06 by agreement revenue. The direct cost of $45,123, which is over
          the agreement revenue amount, will be funded from State Health Realignment Vehicle License
          Fee revenue budgeted in the Department of Environmental Health. This request will require no
          additional staff years.


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          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find in accordance with Section 15308 of the State of California Environmental Quality Act
             Guidelines that this action is exempt from California Environmental Quality Act as it is an
             action taken by a regulatory agency to assure the protection of the environment.
          2. Approve and authorize the Director of Environmental Health to execute an amendment to the
             revenue agreement with the California Department of Health Services, Radiological Health
             Branch, to enforce the Radiation Control Law in San Diego County, in an amount not to
             exceed $602,644 for the period July 1, 2005 through June 30, 2006.
          3. Authorize the Director of Environmental Health to execute any amendments, extensions,
             and/or revisions thereof that do not materially impact or alter either the program or funding
             level.
          4.   Waive Board Policy B-29: Fees, Grants, Revenue Contracts – Department Responsibility for
               Cost Recovery, with respect to full cost recovery for the implementation of this contract.
          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn


8.        SUBJECT:          APPROVE AND ADOPT A BOARD POLICY ON THE SUPPORT
                            AND ENCOURAGEMENT OF FARMING IN SAN DIEGO COUNTY
                            (DISTRICT: ALL)

          OVERVIEW:
          The Department of Planning and Land Use has been working with the Department of Agriculture,
          Weights, and Measures, County Farm and Home Advisor, and the San Diego County Farm
          Bureau to create a policy to support and encourage farming in the unincorporated areas of the
          County. The purpose of the Policy is to acknowledge the Board of Supervisors commitment to
          supporting and encouraging farming in San Diego County through the establishment of
          partnerships with landowners and other stakeholders to identify, secure, and implement incentives
          that support the continuation of farming as a major industry in San Diego.
          This is a request to approve and adopt the proposed Board of Supervisor’s Policy entitled,
          “Support and Encouragement of Farming in San Diego County.”

          FISCAL IMPACT:
          There is no fiscal impact associated with this request.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          Approve and Adopt a Board of Supervisor’s Policy entitled “Support and Encouragement of
          Farming in San Diego.”


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          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent, adopting Board Policy No. I-133 entitled:
          SUPPORT AND ENCOURAGEMENT OF FARMING IN SAN DIEGO COUNTY.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn


9.        SUBJECT:          SET HEARING FOR 7/13/05
                            VACATION OF OSAGE DRIVE BETWEEN CANTON DRIVE AND
                            CAMERON DRIVE (VAC 04-004), SPRING VALLEY COMMUNITY
                            PLANNING GROUP (DISTRICT: 2)

          OVERVIEW:
          This is a request to set a date for a public hearing to vacate Osage Drive between Canton Drive
          and Cameron Drive in the Spring Valley Community (Thomas Guide page 1290, H-1). This
          street has not been built and, therefore, does not provide access between Canton Drive and
          Cameron Drive.
          All properties adjacent to Osage Drive have access to public roadways. Vacating Osage Drive
          will not land-lock any affected parcels. The area proposed for vacation is no longer needed for
          current or prospective public use. It is in the public interest to vacate unneeded easement rights
          that can prevent the beneficial use of real estate and expose the County to potential liability as a
          property owner.
          At the hearing on July 13, 2005, the Board will be requested to Adopt a Resolution to Vacate
          Osage Drive between Canton Drive and Cameron Drive.

          FISCAL IMPACT:
          There will be no fiscal impact as a result of recommended actions.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Direct the Clerk of the Board of Supervisors to:
              a)    Set a public hearing for July 13, 2005, at 9:00 A.M. to consider vacating Osage Drive
                    between Canton Drive and Cameron Drive located in Spring Valley; and
              b)    Provide notice of hearing on proposed vacation in the manner required by the Public
                    Streets, Highways, and Service Easements Vacation Law, California Streets and
                    Highways Code Sections 8300-8363.

          At the Hearing July 13, 2005:
          1. Adopt a Resolution entitled Resolution to Vacate Osage Drive Between Canton Drive and
             Cameron Drive.
          2. Direct Clerk of the Board of Supervisors to record this Resolution pursuant to Streets and
             Highways Code Section 8325.


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          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent, setting hearing for July 13, 2005 at 9:00.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn


10.       SUBJECT:         TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
                           (DISTRICTS 2 & 5)

          OVERVIEW:
          The Traffic Advisory Committee (TAC) meets every six weeks to review proposed changes or
          additions to regulatory traffic controls. Seven items were on the Committee's March 11, 2005,
          meeting agenda. The Committee recommends your action on four items, as three items were
          continued prior to the meeting. Item 2-B was continued at the request of the Valle De Oro
          Community Planning Group, Item 5-B was continued at the request of the Valley Center
          Community Planning Group and Item 5-C was continued at the request of the Fallbrook
          Community Planning Group. All four remaining items are recommended for action.

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

          RECOMMENDATION:
          TRAFFIC ADVISORY COMMITTEE
          Consider and file report including the following recommendations:
          District 2
          2-A. Willow Road between SR-67 and Wildcat Canyon Road/Ashwood Street, LAKESIDE-
                 Reduce the existing 45 MPH speed limit to 35 MPH. Direct the proposed 35 MPH speed
                 limit posting be certified for radar enforcement.
          2-B.   This item was continued prior to the meeting at the request of the Valle de Oro
                 Community Planning Group.
          District 5
          5-A1. Royal Crest Drive, both sides, from Brookhurst Lane southerly to Bear Valley Parkway
                 (1,000 feet), ESCONDIDO-Continue dialogue and a cooperative approach, involving the
                 City of Escondido, Escondido Elementary School District and County of San Diego, to
                 identify workable and amenable solutions that would address and resolve existing
                 conditions during school arrival and dismissal times.
          5-A2. Auralie Drive, both sides, from Brookhurst Lane southerly to End (300 feet),
                ESCONDIDO-Do not establish a parking prohibition.
          5-B.   This item was continued prior to the meeting at the request of the Valley Center
                 Community Planning Group.
          5-C.   This item was continued prior to the meeting at the request of the Fallbrook Community
                 Planning Group.


5/11/05                                                                                           11
          5-D1. Harmony Grove Road, south side, along the frontage of the Elfin Forest Recreational
                Reserve, HARMONY GROVE-Establish a parking prohibition (length to be determined
                by Department of Works staff) based on Section 72.115 of the San Diego County Code
                relating to Traffic Regulations in the County of San Diego. Necessary to maximize
                visibility for motorists entering Harmony Grove Road from the Reserve parking lot.
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the proposed project is exempt from the California Environmental Quality Act
             (CEQA) as specified under Section 15301 of the State CEQA Guidelines.
          2.   Concur with Traffic Advisory Committee's recommendations.
          3.   Approve the introduction, read title and waive further reading (first reading) of the following
               Ordinance (Item 2-A).
                AN ORDINANCE AMENDING SECTION 72.169.6.1. OF THE SAN DIEGO COUNTY
                CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO
               Submit for further Board consideration and adoption (second reading), on May 18, 2005.
          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent, submitting Ordinance for further consideration and
          adoption on May 18, 2005.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn


11.       SUBJECT:            AUTHORIZE SOLICITATION AND AWARD OF A CONTRACT
                              FOR STORMWATER POLLUTION PREVENTION RELATED
                              SERVICES AT COUNTY INACTIVE LANDFILLS
                              (DISTRICT: ALL)

          OVERVIEW:
          The County is required by Federal, State, and local regulatory agencies to conduct stormwater
          pollution prevention programs at the County’s inactive landfills and a number of burnsites. The
          County uses a contractor to provide routine stormwater pollution prevention monitoring and
          reporting services, perform non-routine services, as needed such as equipment replacement and
          repair, and complete special projects as required by the County or the regulatory agencies
          including site evaluations, installation of various erosion control Best Management Practices, and
          designing stormwater runoff control improvements. The current contract for these services will
          terminate on November 30, 2005.

          This is a request to issue a Competitive Solicitation and subsequently negotiate and award a
          professional services contract to allow for a continuance of the solid waste site stormwater
          pollution prevention and related programs. This contract will be for a period of two years with
          two 2-year options and up to an additional six months if needed with an annual compensation not
          to exceed $750,000.




5/11/05                                                                                                  12
          FISCAL IMPACT:
          Funds for this proposal will be budgeted in the proposed Fiscal Year 2005-06 Solid Waste
          Management Budget. The funding sources are the Environmental Trust Fund and Hillsborough
          Landfill Maintenance Fund. If approved, this request will result in no current year cost, a
          budgeted annual cost of $750,000 and will require no additional staff years. This request will
          have no impact on the County General Fund.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the proposed activity is exempt from the California Environmental Quality Act
             (CEQA) as specified under CEQA Guidelines Section 15060 (c)(3) because it is an
             administrative action and not a project as defined in Section 15378 of the State CEQA
             Guidelines.
          2.   In accordance with Section 401, et seq. of the County Administrative Code, authorize the
               Director, Department of Purchasing and Contracting to issue a competitive solicitation for
               stormwater pollution programs and related services, and upon successful negotiations and
               determination of a fair and reasonable price, award a contract for a term of two years with
               two 2-year options and up to an additional six months if needed, and to amend the contract as
               needed to reflect changes in the funding and regulatory requirements. Award to be subject to
               approval of the Director of the Department of Public Works.
          3.   Designate the Director, Department of Public works, as the County Officer responsible for
               administering the contract.

          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn


12.       SUBJECT:        JOINT EXERCISE OF POWERS AGREEMENT WITH THE SAN
                          DIEGO COUNTY WATER AUTHORITY FOR HERBICIDE
                          APPLICATIONS FOR THE ESCONDIDO CREEK ENHANCEMENT
                          PROJECT (DISTRICT: 5)

          OVERVIEW:
          The Integrated Pest Control Program of the Department of Agriculture, Weights and Measures
          has for years been successfully carrying out detection, mapping, and elimination of non-native
          invasive plants in habitat restoration or enhancement projects throughout the county. Over time,
          this program has become recognized as the County’s leading resource in non-native invasive
          plants.
          Recognizing the experience and expertise of this program, the San Diego County Water Authority
          has requested the County (through the Department of Agriculture, Weights and Measures) to
          enter into a Joint Exercise of Powers Agreement for the purpose of eliminating selected non-


5/11/05                                                                                                13
          native invasive vegetation and trees through application of herbicides as a part of the Water
          Authority’s Escondido Creek Enhancement Project. The Joint Exercise of Powers Agreement
          would have a five-year term, ending October 31, 2009. In requesting the County’s participation
          in a Joint Exercise of Powers Agreement, the Water Authority cited the need for simultaneous
          participation and coordination of multiple agencies mutually interested in habitat restoration for
          the successful and timely completion of the overall project.
          To prevent unnecessary delays or additional expenses to the San Diego County Water Authority
          and recognizing the full cost recovery commitment of this proposal, the Department of
          Agriculture, Weights and Measures complied with a request from the Water Authority to initiate
          work on this project prior to execution of the agreement. Early initiation of a limited amount of
          work by the Department of Agriculture, Weights and Measures was necessary to coordinate with
          and not negate control activities of other involved agencies that had to be performed during a
          short window of opportunity in the nesting bird and plant growth cycles. Failure to complete this
          work in a timely manner would have negatively impacted endangered nesting birds and imposed
          additional delays or expenses, ultimately jeopardizing the scheduled completion of the habitat
          restoration project.
          Accordingly, the Department of Agriculture, Weights and Measures seeks ratification of this
          agreement from the Board of Supervisors to allow it to be fully reimbursed by the San Diego
          County Water Authority in a sum not to exceed $250,000 a five-year period in the performance of
          chemical control of non-native invasive vegetation and trees in an environmentally sensitive area
          of the Escondido Creek Enhancement Project.

          FISCAL IMPACT:
          Appropriations for the work associated with this request are available in the Department of
          Agriculture, Weights and Measures current budget. The funding source is a full-cost recovery
          reimbursement commitment from the San Diego County Water Authority in amounts not to
          exceed $250,000 during the five-year term of this agreement. Reimbursement in the current year
          will be received as unanticipated revenue. Reimbursement revenues from this agreement will be
          appropriated in the Department of Agriculture, Weights and Measures two subsequent fiscal year
          budgets as follows: $90,000 in Fiscal Year 2005-06, and $55,000 in Fiscal Year 2006-07 with any
          unspent revenues to be reappropriated to the remaining two years of the agreement, if needed.
          There will be no cost to the County or additional staff years associated with this request.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the proposed project is exempt from the California Environmental Quality Act
             (CEQA) pursuant to Sections 15304 and 15308 of the State CEQA Guidelines.
          2. Waive Board Policy A-91, Mid-Year Budget Changes, to allow for the appropriation of
             unanticipated revenue funding in the Department of Agriculture, Weights and Measures’
             current year budget.
          3. Waive Board Policy B-29, Fees, Grants and Revenue Contracts, because the Department of
             Agriculture, Weights and Measures began work on the project before the Board approved the
             agreement.



5/11/05                                                                                                14
          4. Ratify and authorize the Director of Agriculture, Weights and Measures to execute the Joint
             Exercise of Powers Agreement (and any modifications, extensions or alterations which do not
             significantly increase costs to the County) for $250,000 with the San Diego County Water
             Authority for herbicide treatment of vegetation in easements along Escondido Creek over a
             five-year period, beginning November 1, 2004.
          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn


13.       SUBJECT:         COOPERATIVE AGREEMENT WITH CALTRANS AND SANDAG
                           FOR COUNTY ACCEPTANCE OF RIGHT OF WAY SEGMENTS
                           ADJACENT TO STATE ROUTE 125
                           (DISTRICT: 2)

          OVERVIEW:
          The State of California Department of Transportation (Caltrans) has completed construction of
          State Route 125 between State Route 94 and State Route 54, and is ready to relinquish excess
          right of way parcels to the County (Thomas Guide 1270 J7 through 1291 A1-4). Pursuant to
          Streets and Highways Code sections 73 and 130, the County, Caltrans and San Diego Association
          of Governments (SANDAG), are authorized to enter into a cooperative agreement for
          relinquishment of portions of Caltrans right of way within San Diego County, to the County.
          Caltrans, County, and SANDAG staff have negotiated an agreement for County to accept
          relinquishment of excess Caltrans right of way adjoining State Route 125. The County will
          receive a lump sum payment of $762,618 from SANDAG, on behalf of Caltrans. These funds will
          be used for future improvements and betterments in landscaping and soil stabilization on the
          berms, as well as repairs to roads affected by the SR 125 construction.
          This is a request to approve the proposed Freeway and Cooperative Agreement with Caltrans for
          the State Route 125/54 Freeway Project between 0.7 mile west of Worthington Street and State
          Route 94. The payment will be addressed in the budget process for Fiscal Year 2005-06.

          FISCAL IMPACT:
          There will be no impact to the current year budget. This action will provide unanticipated
          subsequent year Road Fund revenue increase of $762,618. These funds will be used over a
          course of years to offset the anticipated cost of ongoing road maintenance for the relinquished
          rights of way.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that no changes in the project or in the circumstances under which it is undertaken
             involve significant new environmental impacts which were not considered in the previously
             certified Environmental Impact Statement/Environmental Impact Report (EIS/EIR), dated
             November 18, 1994 and approved by the Federal Highway Administration on February 16,


5/11/05                                                                                             15
               1995, and that no new information of substantial importance has become available since the
               EIS/EIR was prepared.
          2.   Approve and authorize the Clerk of the Board to execute, upon receipt, five copies of the
               Cooperative Agreement with Caltrans for the State Route 125/54 Freeway Project between
               0.7 mile west of Worthington Street and State Route 94. (4 VOTES)
          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn


14.       SUBJECT:         AMENDMENTS TO SUBDIVISION ORDINANCE REGARDING SAN
                           DIEGO COUNTY STANDARDS
                           (DISTRICT: ALL)

          OVERVIEW:
          Several minor amendments to County Subdivision Ordinance are proposed. These amendments
          are related to County Code section 81.102.15. This section explains the term San Diego County
          Standards, which is used elsewhere in the Subdivision Ordinance. The proposed amendments do
          not make any substantive changes to the Subdivision Ordinance. They merely clarify the
          description of San Diego County Standards, delete obsolete information, add prior Board action
          dates and make subsequent references to San Diego County Standards consistent.

          FISCAL IMPACT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the proposed project is exempt from the California Environmental Quality Act
             (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).
          2.   Approve introduction of the Ordinance, (first reading), read the title, and waive further
               reading of the Ordinance:
               AN ORDINANCE AMENDING SECTIONS 81.102.15, 81.402, 81.403, 81.703, 81.709 OF
               THE SAN DIEGO COUNTY CODE RELATING TO THE SAN DIEGO COUNTY
               STANDARDS
               Submit the Ordinance for further Board consideration and adoption (second
               reading) on May 18, 2005.
          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent, submitting Ordinance for further Board
          consideration and adoption on May 18, 2005.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn


5/11/05                                                                                             16
15.       SUBJECT:         AUTHORIZE AGREEMENT WITH THE SAN DIEGO COUNTY
                           WATER AUTHORITY AND THE CITY OF SAN DIEGO TO
                           DEVELOP AN INTEGRATED REGIONAL WATER
                           MANAGEMENT PLAN (DISTRICT: ALL)

          OVERVIEW:
          Proposition 50, the Water Security, Clean Water, Coastal and Beach Protection Act of 2002,
          Chapter 8 allocates $380 million in competitive grants for projects that protect communities from
          drought, protect and improve water quality, and improve local water security by reducing
          dependence on imported water. The intent of Proposition 50, Chapter 8 is to promote integrated
          regional water management. Funding will be distributed over two cycles with a maximum of $50
          million available to any one region. Phase I, underway now, includes a total of $148 million,
          with funds expected to be released in May 2006. A schedule for Phase II, which will involve the
          release of approximately $220 million, has not been announced.
          Eligibility for Chapter 8 funds is contingent upon the establishment of an Integrated Regional
          Water Management group consisting of a minimum of three regional agencies, two of which must
          have statutory water rights. The County of San Diego, the City of San Diego, and the San Diego
          County Water Authority have initiated steps to form the San Diego Integrated Regional Water
          Management Group to serve this function for the San Diego region. The Project Clean Water
          Watershed Protection Technical Advisory Committee plays a key role in ensuring meaningful
          stakeholder involvement in this process. The Technical Advisory Committee provides an
          ongoing forum for the discussion and exploration of watershed issues in the region, and will
          continue to facilitate the establishment of a long-term regional vision for water management.
          Chapter 8 also requires the development of a Memorandum of Understanding between Group
          members, completion of an Integrated Regional Water Management Plan by January 1, 2007, and
          development of a package of proposed projects to implement the Integrated Regional Water
          Management Plan. Under the Memorandum of Understanding, the Water Authority is designated
          as the lead agency for the purposes of submitting an Integrated Regional Water Management
          Implementation grant application and administering grant funds.
          The Integrated Regional Water Management Group plans to share the costs associated with the
          implementation grant application and to retain a consultant to assist in preparing 1) the
          implementation grant application, 2) an outline for the San Diego Integrated Regional Water
          Management Plan, and 3) the final Integrated Regional Water Management Plan document.
          Costs for this work are not to exceed $300,000, divided equally among the three agencies.
          This request is for authorization to 1) execute the Memorandum of Understanding, 2) pay
          consultant costs of $100,000, and 3) develop project lists and manage funding for specified types
          of projects.

          FISCAL IMPACT:
          Funds for this proposal will be included in the CAO's Proposed Operational Plan for Fiscal Years
          2005-06 and 2006-07 for Inactive Waste Site Management. The funding source is the
          Environmental Trust Fund. If approved this request will result in no current year costs, $50,000 in


5/11/05                                                                                                 17
          Fiscal Year 2005-06 costs, $50,000 in Fiscal Year 2006-07 costs, and will require no additional
          staff years. This enables the County and other partners to accept up to $50 million in
          implementation project funding.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the proposed activity is not subject to the California Environmental Quality Act
             (CEQA) as specified under CEQA Guidelines Section 15060(c)(3) because it is an
             administrative action and not a project as defined in section 15378 of the State CEQA
             Guidelines.
          2. Authorize the Director, Purchasing and Contracting, to execute a Memorandum of
             Understanding with the City of San Diego and the San Diego County Water Authority to
             establish the roles and responsibilities of each agency with respect to the development and
             adoption and implementation of a San Diego Integrated Regional Water Management Plan,
             and application for and administration of grants under Chapter 8 of Proposition 50, the Water
             Security, Clean Water, Coastal and Beach Protection Act of 2002.
          3.   Authorize the Director of the Department of Public Works, or his designee, to conduct all
               negotiations and to execute and submit all documents that may be necessary for completion
               of the County of San Diego project proposals under the Proposition 50, Chapter 8 program.
          ACTION:
          Noting that the funding source is the Department of Public Works General Fund 2005-2006
          budget, ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of
          Supervisors took action as recommended, on Consent.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn


16.       SUBJECT:          EMERGENCY REMEDIATION OF STORMWATER DAMAGED
                            DRAINAGE CONVEYANCE SYSTEMS (DISTRICT: ALL)

          OVERVIEW:
          On February 2, 2005 (5), the Board ratified five sole-source emergency construction contracts,
          each in an amount not to exceed $250,000, to repair flood damage on County roads at various
          locations and upgrade drainage facilities protecting facilities within areas impacted by Firestorm
          2003. On March 2, 2005 (5), and March 23, 2005 (13), the Board found the need to continue this
          emergency work to address an imminent threat to public safety, life, health and property. On
          March 23, 2005 (13), the Board also increased two of the contracts, each in an amount not to
          exceed $500,000.
          The contractors have completed repairs at nine County road locations and are working on five
          additional locations, completion is estimated to be the end of May. The Natural Resource
          Conservation Service has approved fund reimbursement for storm related work at 13 home sites
          through the Emergency Watershed Protection Program. Work at these home sites will help
          control floodwater and silt discharges that could adversely affect County roads and drainage
          systems. Contractors have completed work on 11 of these projects.


5/11/05                                                                                                18
          This is a request to continue existing contracts for emergency remediation of storm damaged
          drainage conveyance systems.

          FISCAL IMPACT:
          On February 2, 2005 (5), your Board established appropriations of $500,000 in the Department of
          Public Works Fiscal Year 2004-05 Detailed Work Program and $750,000 in the San Diego
          County Flood Control District for this work. On March 23, 2005 (13), your Board authorized an
          increase of appropriations for the San Diego County Flood Control District by $500,000 based on
          fund balance available in that fund. This will bring all contracts in both Road Fund and Flood
          Control District to $1,750,000 total current year cost. There will be no annual cost, and no
          additional staff years required.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find the proposed project is exempt from the requirements of the California Environmental
             Quality Act (CEQA) pursuant to Section 15269 of the State CEQA Guidelines.
          2.   Pursuant to Public Contract Code Section 22050(c), find that there is a need to continue
               existing contracts for the emergency remediation of stormwater damaged drainage
               conveyance systems without giving notice for bids to let a contract, and delegate authority to
               the Director of Public Works and the Director of Purchasing and Contracting to take such
               action. (4 VOTES)
          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn

17.       SUBJECT:         APPROVAL OF JOINT SECURED AGREEMENT FOR PUBLIC AND
                           PRIVATE IMPROVEMENTS FOR COUNTY OF SAN DIEGO
                           TENTATIVE PARCEL MAP NO. 20701, LOCATED IN OTAY
                           SUBREGIONAL PLAN AREA (DISTRICT: 1)

          OVERVIEW:
          This project is a minor subdivision consisting of 4 industrial use parcels, and a total of 39.3 acres.
          It is located in Otay Mesa, on the south side of Airway Road, at the southeast intersection of
          Airway Road and Enrico Fermi Drive (Thomas Guide, Page 1352, B-3, 2005 Edition).
          The project is being brought before the Board for approval of joint secured agreement for public
          and private improvements.

          FISCAL IMPACT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          Approve and authorize Clerk of the Board to execute Joint Agreement to Improve Minor


5/11/05                                                                                                    19
          Subdivision, which includes street and drainage improvements, water facilities, sewer facilities
          and setting of final monuments.
          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn

18.       SUBJECT:        ADMINISTRATIVE ITEM:
                          SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:
                          AMENDMENTS TO THE COUNTY OF SAN DIEGO LIGHT
                          POLLUTION CODE, POD 04-062
                          (DISTRICT: ALL)

          OVERVIEW:
          On April 20, 2005 (7), the Board of Supervisors introduced Ordinance for further Board
          consideration on May 11, 2005.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER:
          Adopt Ordinance entitled:
             “AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE, MAKING
             CLARIFICATIONS AND CORRECTIONS TO LIGHTING REGULATIONS”
          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
          took action as recommended, on Consent, adopting Ordinance No. 9716 (N.S.) entitled: AN
          ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE, MAKING
          CLARIFICATIONS AND CORRECTIONS TO LIGHTING REGULATIONS.
          AYES: Cox, Jacob, Slater-Price, Roberts, Horn

19.   SUBJECT:            CLOSED SESSION
                          (CARRYOVER FROM 5/10/05, AGENDA NO. 15)
      OVERVIEW:




5/11/05                                                                                              20
          A.   CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
               Initiation of litigation pursuant to subdivision (c) of Government Code section
               54956.9: (Number of Cases – 1)
          B.   CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
               (Subdivision (a) of Government Code section 54956.9)
               Rincon San Luiseno Band of Mission Indians, et al. v. Dan McAllister; United States
               District Court No. 04-cv-1159 H
          C.   CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
               (Subdivision (a) of Government Code section 54956.9)
               Renee Alford, et al. v. County of San Diego, et al.; San Diego County Superior Court
               No. GIC 841583

      ACTION:
      In closed session May 10, 2005, the Board of Supervisors took the following reportable action:
      With respect to 19A, by vote of all four Board members present and voting aye, with District 4
      absent, authorization was given to commence an action, the particulars of which will be
      provided, upon request and subject to the provisions of Government Code 54957.1, once the
      action has been formally commence.



     There being no further business, the Board adjourned at 3:12 p.m.


                                       THOMAS J. PASTUSZKA
                                    Clerk of the Board of Supervisors
                                  County of San Diego, State of California


     Consent: Tosh
     Discussion: Hall

     NOTE: This Statement of Proceedings sets forth all actions taken by the County of San Diego
     Board of Supervisors on the matters stated, but not necessarily the chronological sequence in
     which the matters were taken up.




5/11/05                                                                                           21

				
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