COUNTY OF SAN DIEGO BOARD OF SUPERVISORS by l75s8VN

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									                            STATEMENT OF PROCEEDINGS
                  COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
               REGULAR MEETING - PLANNING AND LAND USE MATTERS
                          WEDNESDAY, NOVEMBER 19, 2008
                           Board Of Supervisors North Chamber
                   1600 Pacific Highway, Room 310, San Diego, California


MORNING SESSION: Meeting was called to order at 9:04 a.m.

PRESENT: Supervisors Greg Cox, Chairman; Dianne Jacob, Vice Chairwoman; Pam Slater-Price;
Bill Horn; also David Hall, Assistant Clerk of the Board.

ABSENT: Supervisor Ron Roberts

Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meeting October 29, 2008.

ACTION:
ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board of Supervisors approved
the Statement of Proceedings/Minutes for the Meeting of October 29, 2008.

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

 Public Communication: [No Speakers]

                           Board of Supervisors’ Agenda Items

 1.          NOTICED PUBLIC HEARING:
             ADJUSTMENT OF PARK USER FEES

 2.          AMENDMENT TO TITLE 3, DIVISION 6, CHAPTER 4, NOISE CONTROL AND
             ABATEMENT (NOISE ORDINANCE), COUNTY-WIDE; POD08-009

 3.          APPLICATION OF BOARD POLICY I-107 FOR STEELE CANYON EAST SPECIFIC
             PLAN; JAMUL COMMUNITY PLANNING AREA

 4.          PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES –
             CONSOLIDATION OF BORREGO WATER DISTRICT AND BORREGO SPRINGS
             PARK COMMUNITY SERVICES DISTRICT




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 5.          RATIFY REVENUE CONTRACTS BETWEEN THE COUNTY AND THE
             CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE
             [FUNDING SOURCE(S): CALIFORNIA DEPARTMENT OF FOOD AND
             AGRICULTURE]

 6.          REQUEST FOR AUTHORIZATION TO SUBMIT THE COUNTY’S LIST OF LOCAL
             STREETS AND ROADS PROJECTS USING FUNDING FROM PROPOSITION 1B
             [FUNDING SOURCE(S): UNANTICIPATED REVENUE FROM PROPOSITION 1B]
             (4 VOTES)

 7.          SOUTH SANTA FE AVENUE NORTH RECONSTRUCTION PROJECT
             ACQUISITION OF RIGHT-OF-WAY PARCEL NUMBER 1997-0325-A, B, C
             (NICASTRO)
             [FUNDING SOURCE(S): SANDAG HIGHWAY TRANSNET, LOCAL TRANSNET,
             AND STATE ROUTE 78 CORRIDOR FUNDS]

 8.          ESTABLISHMENT OF APPROPRIATIONS AND APPROVAL OF AN AMENDMENT
             TO THE JOINT EXERCISE OF POWERS AGREEMENT WITH THE VALLEY
             CENTER PARKS AND RECREATION DISTRICT FOR RECREATIONAL FACILITY
             IMPROVEMENTS
             [FUNDING SOURCE(S): VALLEY CENTER PARK LAND DEDICATION
             ORDINANCE (PLDO) FUNDS]
             (4 VOTES)

 9.          AMENDMENT TO AGREEMENT WITH CONSULTANT FIRM FOR ENGINEERING
             DESIGN OF VIEJAS BOULEVARD BRIDGE IN DESCANSO
             [FUNDING SOURCE(S): UNANTICIPATED REVENUE FROM FEDERAL
             HIGHWAY ADMINISTRATION HIGHWAY BRIDGE PROGRAM, AND
             AVAILABLE ROAD FUND FUND BALANCE]
             (4 VOTES)

 10.         ADOPT A RESOLUTION DESIGNATING OFFICIAL SIGNATORIES FOR FEDERAL
             EMERGENCY MANAGEMENT AGENCY FLOOD MITIGATION ASSISTANCE
             PROGRAM GRANTS

             (RELATES TO FLOOD AGENDA NO. 1)

 11.         TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (11/19/2008 - ADOPT
             RECOMMENDATIONS; 12/10/2008 - SECOND READING OF ORDINANCES)




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 12.         ADMINISTRATIVE ITEM:
             BORREGO VALLEY AIRPORT – FIRST AMENDMENT TO AVIATION LEASE
             WITH JOHN S. WATKINS
             [FUNDING SOURCE(S): RENTAL PAYMENTS RECEIVED PER TERMS OF THE
             PROPOSED LEASE AMENDMENT]

 13.         CLOSED SESSION
             (CARRYOVER ITEM FROM 11/18/08, AGENDA NO. 26)




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1.           SUBJECT:       NOTICED PUBLIC HEARING:
                            ADJUSTMENT OF PARK USER FEES (DISTRICTS: ALL)

             OVERVIEW:
             In accordance with Board of Supervisors Policy G-6, User Fees, County Parks and
             Recreation Facilities, this is a request to adjust the user fee schedule for County Parks and
             Recreation Department facilities. The Department of Parks and Recreation charges user fees
             for camping, day use facilities and special events. These fees are used to operate and
             maintain park facilities and programs. The current range of fees was approved by the Board
             on March 14, 2001 (4). Since that time, fees have been increased incrementally within the
             approved fee ranges for various services.

             Today’s request is to approve the proposed increase in Park User Fees. If approved, the
             increase in fees will generate revenue that will be used to help offset escalating costs,
             including fuel, utilities, salaries and equipment, to operate County parks.

             FISCAL IMPACT:
             If approved, this request is expected to result in an estimated increase in user fee revenue of
             $165,000 during the remainder of Fiscal Year 2008-2009 and $330,000 during Fiscal Year
             2009-2010. This action will result in the addition of no staff years and no additional cost.

             BUSINESS IMPACT STATEMENT:
             N/A

             RECOMMENDATION:
             CHIEF ADMINISTRATIVE OFFICER
             1. Find in accordance with Section 15273(a) of the California Environmental Quality Act
                (CEQA) Guidelines that this project is exempt from CEQA.

             2. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department
                Responsibility for Cost Recovery.

             3. Adopt the “Resolution of the San Diego County Board of Supervisors Approving the
                Revised Fee Schedule for the Department of Parks and Recreation Effective
                January 1, 2009” (Attachment A).




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           ACTION:
           Accepting the modifications to the Board Letter and Attachment B submitted by the Chief
           Administrative Officer and on file with the Clerk of the Board of Supervisors; and directing
           the Chief Administrative Officer to provide analysis of other jurisdictional park fees charged
           to non-profit organizations and report back to the Board with findings, ON MOTION of
           Supervisor Slater-Price, seconded by Supervisor Horn, the Board closed the Hearing and
           took action as recommended, adopting Resolution No. 08-242, entitled: A RESOLUTION
           OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO APPROVING
           THE REVISED FEE SCHEDULE FOR THE DEPARTMENT OF PARKS AND
           RECREATION EFFECTIVE JANUARY 1, 2009.

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



2.         SUBJECT:       AMENDMENT TO TITLE 3, DIVISION 6, CHAPTER 4, NOISE
                          CONTROL AND ABATEMENT (NOISE ORDINANCE), COUNTY-
                          WIDE; POD08-009 (DISTRICTS: ALL)

           OVERVIEW:
           The proposed amendment to the County Noise Ordinance is part of a comprehensive update
           of Title 3 of the County Code of Regulatory Ordinances. The Noise Ordinance establishes
           prohibitions for disturbing, excessive or offensive noise. The proposed Noise Ordinance
           amendment will help to clarify regulations, improve readability and upgrade enforcement
           components available in the ordinance.

           Some of the more significant changes and additions include: clarification of Ordinance
           sections pertaining to construction noise limitations, inclusion of a “maximum sound level”
           noise measurement methodology and associated application of a maximum sound level to
           Impulsive Noise sources and Off-Road Vehicles, and the addition of an exception for
           emergency generators when used by emergency personnel.

           FISCAL IMPACT:
           N/A

           BUSINESS IMPACT STATEMENT:
           N/A

           RECOMMENDATION:
           DEPARTMENT OF PLANNING AND LAND USE
           On November 19, 2008:
           1. Adopt the Negative Declaration dated August 31, 2008 on file with the Department of
              Planning and Land Use as Environmental Review Number ER08-00-002 (Attachment
              C).
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             2. Approve the introduction of the proposed San Diego County Code of Regulatory
                Ordinances (first reading), read title and waive further reading of the following
                ordinance:

                    AN ORDINANCE AMENDING TITLE 3, DIVISION 6, CHAPTER 4, OF
                    THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES
                    RELATING TO NOISE CONTROL AND ABATEMENT (NOISE
                    ORDINANCE) (POD08-009).

             On December 10, 2008:

             Submit the Ordinance for further Board of Supervisors consideration and adoption
             (second reading).
             ACTION:
             ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as
             recommended, introducing Ordinance for further Board consideration and adoption on
             December 10, 2008.

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



3.           SUBJECT:       APPLICATION OF BOARD POLICY I-107 FOR STEELE
                            CANYON EAST SPECIFIC PLAN; JAMUL COMMUNITY
                            PLANNING AREA (DISTRICT: 2)

             OVERVIEW:
             This item is a request by the applicant of the Steele Canyon East Specific Plan, a project
             currently under review by the Department of Planning and Land Use. The applicant requests
             a preliminary response whether the Board of Supervisors will consider the project as
             proposed. The project, a proposal for 39 single-family homes with sewer provided by the
             Otay Water District, does not comply with Board Policy I-107, the Policy on Long-Term
             Availability of Sewer Services to Certain portions of East County. Policy I-107 requires that
             future service from the Rancho San Diego Interceptor be extended only to areas within the
             Urban Limit Line. The proposed project is located outside the Urban Limit Line. (Thomas
             Guide Page 1272 F/5)

             FISCAL IMPACT:
             N/A

             BUSINESS IMPACT STATEMENT:
             N/A


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             RECOMMENDATION:
             CHIEF ADMINISTRATIVE OFFICER
             Provide direction to staff and the applicant as to whether (a) the project is not consistent with
             Policy I-107 “Policy on Long-Term Availability of Sewer Services to Certain portions of
             East County” and therefore should not be approved, or (b) staff should continue processing
             the application and the Board will consider a waiver of Policy I-107 in its deliberations on
             the project when it is ultimately brought to a future decision hearing.

              ACTION:
             ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board continued
             this item to December 10, 2008, at the request of the Chief Administrative Officer, on
             Consent.

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



4.           SUBJECT:        PROPERTY TAX EXCHANGE FOR JURISDICTIONAL
                             CHANGES – CONSOLIDATION OF BORREGO WATER
                             DISTRICT AND BORREGO SPRINGS PARK COMMUNITY
                             SERVICES DISTRICT (DISTRICT: 5)

             OVERVIEW:
             Section 99 of the Revenue and Taxation Code requires that the Board of Supervisors adopt a
             property tax exchange before the Local Agency Formation Commission can process a
             proposal for jurisdictional change.

             This proposal involves the consolidation of the Borrego Water District and the Borrego
             Springs Park Community Services District. The proposed consolidation is intended to
             eliminate the duplication of administrative services provided by the districts, reduce the cost
             of water service provision, and enhance the Borrego Water District’s ability to provide
             groundwater management in the Borrego Valley.

             FISCAL IMPACT:
             If approved, this proposal will result in a shift of all property tax revenue from the Borrego
             Springs Park Community Services District to the Borrego Water District. The base year
             amount is $41,946 for Fiscal Year 2008/2009. There will be no impact to the County
             General Fund.

             BUSINESS IMPACT STATEMENT:
             N/A


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            RECOMMENDATION:
            CHIEF ADMINISTRATIVE OFFICER
            1. Find that the property tax exchange for the consolidation of Borrego Water District and
               Borrego Springs Park Community Services District is not a project pursuant to the
               California Environmental Quality Act (CEQA) as specified under Section 15378(b)(4)
               for the reasons detailed in the Notice of Exemption dated November 3, 2008 on file with
               the Department of Planning and Land Use.

            2. Adopt a Resolution entitled:

               Resolution Regarding Negotiated Property Tax Exchange Relative To Jurisdictional
               Changes

            ACTION:
            ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took
            action as recommended, on Consent, adopting Resolution No. 08-243 entitled:
            RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE
            RELATIVE TO JURISDICTIONAL CHANGES.

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



5.          SUBJECT:       RATIFY REVENUE CONTRACTS BETWEEN THE COUNTY
                           AND THE CALIFORNIA DEPARTMENT OF FOOD AND
                           AGRICULTURE (DISTRICTS: ALL)

            OVERVIEW:
            The California Department of Food and Agriculture contracts with the Department of
            Agriculture, Weights and Measures to perform various activities to protect agriculture,
            ensure equity in the marketplace, and promote the health and safety of the residents in
            San Diego County.

            The Department of Agriculture, Weights and Measures requests the ratification of two
            California Department of Food and Agriculture revenue contracts. The High-Risk Pest
            Exclusion Program contract ($1,405,822) and Sudden Oak Death Program contract
            ($719,942) are ongoing contracts that provide reimbursement of costs for Fiscal Year 2008-
            2009.

           FISCAL IMPACT:
           Funds for this request are included in the Operational Plan for Fiscal Years 2008-10 in the
           Department of Agriculture, Weights and Measures. If approved, this request will result
           $2,125,764 in costs and revenue in Fiscal Year 2008-09. The funding source is the
           California Department of Food and Agriculture. The total cost of the Regulated County
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             Sudden Oak Death Activities program is $818,419 and contract revenue will offset $719,942,
             resulting in County cost of $98,477. This amount will be partially offset by $34,467 in
             revenue from Unrefunded Gas Tax and the remaining $64,010 will be supported by budgeted
             General Purpose Revenue. There will be no change in net General Fund cost and no
             additional staff years are required.

             BUSINESS IMPACT STATEMENT:
             Exotic pests continue to threaten San Diego’s economy. The economic impacts of
             infestations and resulting quarantines not only affect local growers but also the agriculture-
             related job market and the economy which agriculture supports. The current value of
             agriculture in San Diego County is $1.5 billion dollars produced by more than 5,000 farmers.
             High-risk pest exclusion activities provide the first line of defense to prevent insects and
             plant disease from entering San Diego County. Sudden oak death Program activities will
             ensure local growers can ship their plant products nationwide.

             RECOMMENDATION:
             CHIEF ADMINISTRATIVE OFFICER
             1. Find that the projects are exempt from the California Environmental Quality Act
                (CEQA) pursuant to CEQA Guidelines Section 15321.

             2. Waive Board Policy B-29 Fees, Grants, Revenue Contracts – Department Responsibility
                for Cost Recovery for the Regulated County Sudden Oak Death Activities contract
                because the full costs exceed the State allowable overhead rate when County and
                departmental overheads are applied to these contracts.

             3. Ratify and authorize the Agricultural Commissioner/Sealer of Weights and Measures to
                execute the following two revenue agreements with the California Department of Food
                and Agriculture for the period of July 1, 2008, to June 30, 2008:
                   Pest Exclusion High-Risk Inspections for $1,405,822.
                   Regulated County Sudden Oak Death Activities for $719, 942.

             4. Authorize the Agricultural Commissioner/Sealer of Weights and Measures to sign and to
                execute any amendments, renewals, and extensions of these revenue contracts that do not
                materially impact or alter the program or funding level.
             ACTION:
             ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took
             action as recommended, on Consent.

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




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6.           SUBJECT:       REQUEST FOR AUTHORIZATION TO SUBMIT THE COUNTY’S
                            LIST OF LOCAL STREETS AND ROADS PROJECTS USING
                            FUNDING FROM PROPOSITION 1B (DISTRICTS: ALL)

             OVERVIEW:
             In November 2006, voters approved Proposition 1B, which provided $2 billion for
             California’s local streets and roads. The Governor’s proposed budget for Fiscal Year
             2008-09 did not include any Prop 1B funding for County local streets and roads.
             Subsequently, Assembly Bills AB 88 and AB 1252 passed into law, allocating Prop 1B
             funding this fiscal year. San Diego County will receive approximately $10.4 million.

             This is a request to adopt a resolution authorizing the submittal to the State of the list of
             County Local Streets and Roads Projects the County intends to construct with funding from
             newly authorized Proposition 1B funds and appropriation of those funds to the identified
             projects.

             Should there be savings from any of the proposed Prop 1B funded projects the resolution
             also includes an allocation of those savings to the Road Resurfacing and Culvert
             Replacement Project. This provision will enable earliest, full use of the Prop 1B funding, to
             maximize benefit for County roads.

             FISCAL IMPACT:
             This request, if approved, will result in receipt and appropriations of $10,417,594 for various
             construction projects in the Department of Public Works Fiscal Year 2008-09 Detailed Work
             Program. The funding source is unanticipated revenue from Proposition 1B. If approved,
             total current year cost will be $10,417,594 for these projects in the Detailed Work Program.
             There will be no General Fund cost, no annual cost and no additional staff years.

             BUSINESS IMPACT STATEMENT:
             N/A

             RECOMMENDATION:
             CHIEF ADMINISTRATIVE OFFICER
             1. Find in accordance with Section 15060(c) (3) of the California Environmental Quality
                Act (CEQA) Guidelines that the proposed action is exempt from CEQA review because
                the activity is not a project as defined in Section 15378 of the State CEQA Guidelines.

             2. Adopt a resolution entitled Resolution of the County of San Diego Board of Supervisors
                Authorizing Submittal of the County’s Local Streets and Roads Projects Using Funding
                from Proposition 1B.

             3. Establish appropriations of $10,417,594 in the Department of Public Works Fiscal Year
                2008-09 Detailed Work Program for various construction projects as identified in the
                Resolution based on unanticipated revenue from Proposition 1B. (4 VOTES)

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             ACTION:
             ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took
             action as recommended, on Consent, adopting Resolution No. 08-244 entitled:
             RESOLUTION OF THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
             AUTHORIZING SUBMITTAL OF THE COUNTY’S LOCAL STREETS AND ROADS
             PROJECTS USING FUNDING FROM PROPOSITION 1B.

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



7.           SUBJECT:       SOUTH SANTA FE AVENUE NORTH RECONSTRUCTION
                            PROJECT ACQUISITION OF RIGHT-OF-WAY PARCEL
                            NUMBER 1997-0325-A, B, C (NICASTRO) (DISTRICT: 5)

             OVERVIEW:
             South Santa Fe Avenue is located north of and runs parallel to State Route 78 in northwest
             San Diego County. This road provides an alternate route between the cities of Vista and
             San Marcos for surrounding residences and businesses. South Santa Fe Avenue is improved
             to a four-lane configuration within the Vista City limits and similar road improvements have
             been completed within the City of San Marcos.

             The South Santa Fe Avenue North Reconstruction Project will widen South Santa Fe
             Avenue to a four-lane major road from the Vista city limit at Montgomery Drive to just east
             of Woodland Avenue, where the project improvements will transition to meet the existing
             two-lane road. Other ancillary roads and intersections along South Santa Fe Avenue will be
             improved and realigned as a part of this project (Thomas Guide page 1108, B-2).
             Construction is scheduled to begin in fall of 2009 and will take approximately two years to
             complete.
             Construction of the project requires acquisition of property rights from approximately 57
             properties. To date, 43 property owners have signed real property contracts agreeing to sell
             the required interests to the County. On September 17 (1) the Board adopted a Resolution of
             Necessity to initiate an action in eminent domain to acquire 13 of the remaining unsigned
             parcels, which included Parcel No. 1997-0325-A, B, C (Nicastro). The property owner
             subsequently signed the real property contract agreeing to sell the required interests to the
             County. Upon approval of this contract by the Board, the parcel will be dismissed from
             condemnation proceedings.

             Today, the Board is requested to approve a Real Property Contract for the purchase of Parcel
             No. 1997-0325-A, B, C from Donna Nicastro for $183,300. Negotiations with the remaining
             unsigned property owners are ongoing.


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             FISCAL IMPACT:
             Funds for this request are in the Department of Public Works Detailed Work Program for
             Fiscal Year 2008-09 Operational Plan. The funding source is SANDAG Highway TransNet,
             Local TransNet, and State Route 78 Corridor Funds. If approved, this request will result in
             $183,300 current year cost, no annual cost and no additional staff years will be required.

             BUSINESS IMPACT STATEMENT:
             N/A

             RECOMMENDATION:
             CHIEF ADMINISTRATIVE OFFICER
             1. Find that the Environmental Impact Report (EIR) for the South Santa Fe Reconstruction
                Project, SCH No. 1999061053, on file at the Department of Public Works, was
                completed in compliance with the California Environmental Quality Act (CEQA) and
                the State and County CEQA Guidelines, that the decision-making body has reviewed and
                considered the information contained therein prior to approving the project, and that the
                Final EIR reflects the independent judgment and analysis of the Board of Supervisors;
                and

                Find that the currently proposed actions are within the scope of the EIR; that there are no
                changes in the project or in the circumstances under which it is to be undertaken that
                would result in significant environmental impacts beyond those considered in the
                certified EIR, nor a substantial increase in the severity of previously identified significant
                effects; and that no new information of substantial importance has become available
                since the EIR.

             2. Approve and authorize the Clerk of the Board to execute two originals of the Real
                Property Contract for the purchase of Parcel No. 1997-0325-A, B, from Donna Nicastro
                for the appraised value of $183,300.

             3. Authorize the Director of the Department of General Services, or designee, to execute all
                escrow and related documents necessary to complete the acquisitions.
             ACTION:
             ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took
             action as recommended, on Consent.

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




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8.           SUBJECT:       ESTABLISHMENT OF APPROPRIATIONS AND APPROVAL OF
                            AN AMENDMENT TO THE JOINT EXERCISE OF POWERS
                            AGREEMENT WITH THE VALLEY CENTER PARKS AND
                            RECREATION DISTRICT FOR RECREATIONAL FACILITY
                            IMPROVEMENTS (DISTRICT: 5)

             OVERVIEW:
             On August 11, 2008 the Valley Center Community Planning Group approved a five year
             project priority list for the use of existing Park Land Dedication Ordinance funds for
             additional improvement costs for the park facilities in Valley Center, operated by the Valley
             Center Parks and Recreation District.

             On September 8, 2008, the Valley Center Parks and Recreation District sent a letter to the
             Department of Parks and Recreation requesting $400,000 in funding for needed park
             improvements. The Department concurs with the improvements that the funding request is
             reasonable and appropriate for Park Land Dedication Ordinance fund use.

             This action will authorize the Director of Parks and Recreation to execute an amendment to
             the existing Joint Exercise of Powers Agreement with the Valley Center Parks and
             Recreation District to provide an additional $400,000 of Park Land Dedication Ordinance
             funds to finish architectural designs and complete improvements at Robert Adams Park
             (Thomas Guide Page 1070, F-7), including a shade structure, gazebo and dance floor, as
             well as an upgrade to the Valley Center Community Center (Thomas Guide Page 1090, D-3)
             and athletic fields. Construction, operations and maintenance of the facilities are the
             responsibility of the Valley Center Parks and Recreation District.

             FISCAL IMPACT:
             Funds for this request are not included in the Fiscal Year 2008-2009 Operational Plan. The
             funding source is Valley Center Park Land Dedication Ordinance (PLDO) funds. If
             approved, this request will result in $400,000 current year cost, no annual cost and will
             require no additional staff years. Operations and maintenance of the proposed facilities will
             be the responsibility of the Valley Center Parks and Recreation District (VCPRD).

             BUSINESS IMPACT STATEMENT:
             N/A

             RECOMMENDATION:
             CHIEF ADMINISTRATIVE OFFICER
             1. Find that this project is exempt from the California Environmental Quality Act (CEQA)
                in accordance with CEQA Guidelines Section 15301.

             2. Establish appropriations of $400,000 in the Valley Center Park Land Dedication
                Ordinance Fund for park and recreational facility improvements at Robert Adams Park
                and the Valley Center Community Center and athletic fields, based on fund balance
                available. (4 VOTES)
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             3. Authorize the Director of the Department of Parks and Recreation to execute the Fourth
                Amendment to the Joint Exercise of Powers Agreement between the County of
                San Diego and the Valley Center Parks and Recreation District in the amount of
                $400,000, for park and recreational facility improvements at Robert Adams Park and
                the Valley Center Community Center and athletic fields.
             ACTION:
             ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took
             action as recommended, on Consent.

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



9.           SUBJECT:       AMENDMENT TO AGREEMENT WITH CONSULTANT FIRM
                            FOR ENGINEERING DESIGN OF VIEJAS BOULEVARD
                            BRIDGE IN DESCANSO (DISTRICT: 2)

             OVERVIEW:
             The Federal Highway Administration Highway Bridge Program provides funding assistance
             for work on eligible local roads and bridges. The subject project consists of replacing the
             functionally obsolete Viejas Boulevard Bridge over the Sweetwater River (Thomas Guide
             page 1236, A-2) with a new bridge that meets current federal standards and accommodates a
             100-year flood event. This project is currently under construction and is expected to be
             completed by August 2009.

             This is a request to approve a fourth amendment to the T.Y. Lin International agreement for
             $135,000 in additional design and construction support services associated with the Viejas
             Boulevard Bridge Project with total compensation under the agreement not to exceed
             $485,000. The initial consultant contract was brought to the Board for design engineering
             services. Now that the project has entered the construction phase, this fourth amendment
             would add $135,000 for additional design and construction support services, including
             addressing design questions or changes if required during the construction phase. Of the
             total, $108,000 will be reimbursable by federal funding.

             FISCAL IMPACT:
             Funds for this request are not budgeted in the Department of Public Works Fiscal Year 2008-
             09 Detailed Work Program. Funding sources are unanticipated revenue from Federal
             Highway Administration Highway Bridge Program ($108,000), and available Road Fund
             fund balance ($27,000). If approved, this request will result in current year cost of $135,000,
             no annual cost and will require no additional staff years.

             BUSINESS IMPACT STATEMENT:
             N/A

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             RECOMMENDATION:
             CHIEF ADMINISTRATIVE OFFICER
             1. Find that in accordance with Section 15060(c)(2) of the California Environmental
                Quality Act (CEQA) Guidelines that the proposed action is not subject to CEQA review.

             2. Find that the proposed independent contractor can provide the services more
                economically and efficiently than persons employed in the Classified Service.

             3. Establish appropriations of $135,000 in the Department of Public Works Fiscal Year
                2008-09 Detailed Work Program for Design Consultants based on available Road Fund
                fund balance ($27,000) and unanticipated revenue from Federal Highway
                Administration Highway Bridge Program ($108,000). (4 VOTES)

             4. Approve and authorize the Clerk of the Board to execute upon receipt the Fourth
                Amendment to Agreement with T.Y. Lin International for design and construction
                support services of Viejas Boulevard Bridge over Sweetwater River for additional
                compensation not to exceed $135,000, with total compensation under terms of the
                agreement not to exceed $485,000.
             ACTION:
             ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took
             action as recommended, on Consent.

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



10.          SUBJECT:       ADOPT A RESOLUTION DESIGNATING OFFICIAL
                            SIGNATORIES FOR FEDERAL EMERGENCY MANAGEMENT
                            AGENCY FLOOD MITIGATION ASSISTANCE PROGRAM
                            GRANTS (DISTRICTS: ALL)

             OVERVIEW:
             The Federal Emergency Management Agency has a Flood Mitigation Assistance program to
             help states and communities reduce or eliminate long term risk of flood damage. The
             program is administered by the State Office of Emergency Services on behalf of the Federal
             Emergency Management Agency.

             In September 2004, the County of San Diego was awarded a Flood Mitigation Assistance
             grant to develop a Floodplain Management Plan. On September 26, 2007 (FLD 1), the
             San Diego County Flood Control District Board of Directors officially adopted the plan.
             The plan is important for two reasons. First, the plan addresses flooding hazards within the
             County’s unincorporated areas, describes potential mitigation strategies, and presents a plan
             for future action. Second, the plan is a requirement of the Federal Emergency Management
11/19/2008                                                                                           12
             Agency’s Community Ratings System program, which enables communities to reduce
             current insurance premiums by undertaking approved tasks and activities that go beyond
             minimum National Flood Insurance Program standards. The County’s participation in the
             Community Ratings System program has already resulted in a significant decrease in flood
             insurance premiums for affected properties.

             To finalize the grant closeout, all reimbursement requests must be submitted to the State
             Office of Emergency Services for processing by an official designee appointed by the Board
             of Supervisors and the Flood Control District Board of Directors.

             This is a request to adopt a resolution authorizing the Director of Public Works, Assistant
             Director of Public Works, or Flood Control District Manager, as official agents of the
             County and Flood Control District, to execute and submit documents, including but not
             limited to applications and agreements for the Flood Mitigation Plan grant and any future
             Flood Mitigation Assistance grants awarded to the County or Flood Control District.

             FISCAL IMPACT:
             The grant awarded by the State Office of Emergency Services was for $43,400, resulting in
             revenues and costs in Fiscal Years 2006 and 2007. There is no current year impact as a
             result of this action and no subsequent year costs or additional staff years required.

             BUSINESS IMPACT STATEMENT:
             N/A

             RECOMMENDATION:
             CHIEF ADMINISTRATIVE OFFICER
             1. Find that adoption of the proposed Resolution is exempt from review under the
                California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of
                CEQA Guidelines.

             2. Adopt a resolution entitled Joint Resolution of the County of San Diego Board of
                Supervisors and San Diego County Flood Control District Board of Directors
                Authorizing County Agents to Execute and Submit Applications and Other Documents
                to the State Office of Emergency Services for the Flood Mitigation Assistance Program.

             (Relates to Flood Agenda No. 1)




11/19/2008                                                                                         13
             ACTION:
             ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took
             action as recommended, on Consent, adopting Resolution No. 08-245 entitled: JOINT
             RESOLUTION OF THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS AND
             SAN DIEGO COUNTY FLOOD CONTROL DISTRICT BOARD OF DIRECTORS
             AUTHORIZING COUNTY AGENTS TO EXECUTE AND SUBMIT APPLICATIONS
             AND OTHER DOCUMENTS TO THE STATE OFFICE OF EMERGENCY SERVICES
             FOR THE FLOOD MITIGATION ASSISTANCE PROGRAM.

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



11.          SUBJECT:       TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
                            (11/19/2008 - ADOPT RECOMMENDATIONS; 12/10/2008 -
                            SECOND READING OF ORDINANCES) (DISTRICTS: 2 & 5)

             OVERVIEW:
             The Traffic Advisory Committee meets every six weeks to review proposed changes or
             additions to regulatory traffic controls. Nine items were on the Committee's
             September 19, 2008 meeting agenda. The Committee recommends your action on eight
             items, as one item (Item 5-B) was continued to a future Committee meeting. All eight
             remaining items are recommended for action.

             This action requires two steps. On November 19, 2008, the Board will consider eight Traffic
             Advisory Committee items (Recommendations 1-4). If the Board takes action on
             November 19, 2008, then on December 10, 2008, a second reading of proposed Ordinances
             for two items is necessary to enact and implement the Board’s direction
             (Recommendation 5).

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

             BUSINESS IMPACT STATEMENT:
             N/A

             RECOMMENDATION:
             TRAFFIC ADVISORY COMMITTEE
             Consider and file report including the following recommendations:
             District 2
             2-A. Ashwood Street from Mapleview Street northerly to Willow Road, (Thomas Guide
                    page 1232, B-3) LAKESIDE -- Direct the existing 50 MPH speed limit be recertified
                    for the continued use of radar for speed enforcement.

11/19/2008                                                                                         14
             District 5
             5-A. Burma Road and Olive Hill Road, (Thomas Guide page 1047, G-4) FALLBROOK --
                    Do not establish an all-way stop control. Do change the existing yield control facing
                    northbound traffic on Olive Hill Road to a stop control.

             5-C.     North Broadway from North Avenue northerly to Cougar Pass Road, (Thomas Guide
                      pages 1109, H-2 to 1089, H-6) HIDDEN MEADOWS -- Direct the existing 45 MPH
                      speed limit be recertified for the continued use of radar for speed enforcement.

             5-D1. Pauma Reservation Road from State Route 76 northeasterly to the end of County-
                   maintenance (Thomas Guide page 1050, HJ-1&2) PAUMA VALLEY -- Direct the
                   existing 45 MPH speed limit be recertified for the continued use of radar for speed
                   enforcement.

             5-D2. Old Castle Road from a point 3,400 feet east of Champagne Boulevard easterly to a
                   point 550 feet east of Mile Post 6 (Thomas Guide page 1069, BC-6) VALLEY
                   CENTER -- Direct the existing 45 MPH speed limit be recertified for the continued
                   use of radar for speed enforcement.

             5-D3. La Granada from Avenida de Acacias westerly to Los Morros (Thomas Guide page
                   1168, D-3) RANCHO SANTA FE -- Direct the existing 45 MPH speed limit be
                   recertified for the continued use of radar for speed enforcement.

             5-D4. Via de Santa Fe, west side, from La Flecha northerly to Paseo Delicias, RANCHO
                   SANTA FE-Amend an existing one-hour time limit parking zone to two-hour time
                   limit parking.

             5-D5. El Tordo, north side, from Avenida de Acacias easterly 50 feet, RANCHO SANTA
                   FE-Establish a one-hour time limit parking zone.

             CHIEF ADMINISTRATIVE OFFICER
             On November 19, 2008:
             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.     Adopt the following Resolutions:

                    Resolution Amending Traffic Resolution No. 304 Relating to the Establishment Of
                    Stop Controls in the County of San Diego (Item 5-A);

                    Resolution Amending Traffic Resolution No. 306 Relating to the Establishment Of
                    Yield Controls in the County of San Diego (Item 5-A).


11/19/2008                                                                                          15
             4. Approve the introduction, read title and waive further reading of the following
                Ordinances (Item 5-D4 and Item 5-D5).

                    AN ORDINANCE AMENDING SECTION 72.148.4. OF THE SAN
                    DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN
                    THE COUNTY OF SAN DIEGO

                    AN ORDINANCE ADDING SECTION 72.148.4.1. TO THE SAN DIEGO
                    COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE
                    COUNTY OF SAN DIEGO

                    AN ORDINANCE ADDING SECTION 72.148.4.2. TO THE SAN DIEGO
                    COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE
                    COUNTY OF SAN DIEGO

             If, on November 19, 2008, the Board takes action as recommended in Chief Administrative
             Officer’s Recommendations 1 – 4, then, on December 10, 2008:

             5. Consider and adopt the Ordinances amending Section 71.148.4. and adding Sections
                72.148.4.1. and 72.148.4.2. (second reading).

             ACTION:
             ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took
             action as recommended, on Consent, adopting Resolutions entitled:

             Item 5-A, Resolution No. 08-246 entitled: TRAFFIC RESOLUTION NO. 3126,
             RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 304 RELATING TO THE
             ESTABLISHMENT OF STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO;

             Item 5-A, Resolution No. 08-247 entitled: TRAFFIC RESOLUTION NO. 3127,
             RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 306 RELATING TO THE
             ESTABLISHMENT OF YIELD RIGHT-OF-WAY INTERSECTIONS ON THE COUNTY
             OF SAN DIEGO; and

             Introducing Ordinances for further Board consideration and adoption on December 10, 2008.

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




11/19/2008                                                                                       16
12.          SUBJECT:       ADMINISTRATIVE ITEM:
                            BORREGO VALLEY AIRPORT – FIRST AMENDMENT TO
                            AVIATION LEASE WITH JOHN S. WATKINS (DISTRICT: 5)

             OVERVIEW:
             Borrego Valley Airport serves the desert community of Borrego Springs and Anza-Borrego
             Desert. It is three miles east of Borrego Springs and 55 miles northeast of downtown
             San Diego, at an elevation of 520 feet. The airport has a 5,000 foot paved runway. In 2007,
             annual operations totaled 26,251; 23 aircraft are based at this airport.

             John S. Watkins holds an aviation lease with the County at Borrego Valley Airport. The
             leasehold has been developed with a ten unit aircraft storage hangar. He rents individual
             units to provide storage for aircraft based in Borrego. The Lease term is January 7, 2004
             through January 6, 2034, with renegotiation of rent every five years to remain consistent with
             market rates.

             This is a request to approve the First Amendment to Aviation Lease with John S. Watkins.
             The proposed amendment would increase monthly rent to market rental rate, effective
             January 7, 2009. The amendment also modifies the improvement requirements, adds
             additional rental negotiation time and updates the address for payment of rent.

             FISCAL IMPACT:
             If approved, this request will result in $75 additional revenue to the Airport Enterprise Fund
             in the current fiscal year. The funding source for the revenue is rental payments received per
             terms of the proposed lease amendment. The proposed lease amendment will result in total
             revenue of $4,239 in the current fiscal year. It will result in approximately $4,320 revenue in
             the first subsequent year, and will require no additional staff years.

             BUSINESS IMPACT STATEMENT:
             N/A

             RECOMMENDATION:
             CHIEF ADMINISTRATIVE OFFICER
             1. Find that the proposed lease amendment is exempt from review under the California
                Environmental Quality Act (CEQA) by Section 15301 of the CEQA Guidelines as it
                involves continuation of an existing use.

             2. Approve and authorize the Clerk of the Board to execute, upon receipt, three copies of
                the First Amendment to Aviation Lease with John S. Watkins for 1.06 acres of land
                located at the Borrego Valley Airport, effective January 7, 2009. (4 VOTES)




11/19/2008                                                                                             17
             ACTION:
             ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took
             action as recommended, on Consent.

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



13.          SUBJECT:            CLOSED SESSION (DISTRICTS: ALL)
                                 (CARRYOVER ITEM FROM 11/18/08, AGENDA NO. 26)

             OVERVIEW:
             A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
                (Subdivision (a) of Government Code section 54956.9)
                Ruth Lomeo v. Edgemoor Geriatric Hospital; San Diego County Superior Court, East
                County Division, No. GIE 036655

             B.   CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
                  (Subdivision (a) of Government Code section 54956.9)
                  County of San Diego v. Palomar Community College District; San Diego Superior
                  Court, North County Division, No. 37-2008-00057302-CU-TT-NC

             C.   CONFERENCE WITH REAL PROPERTY NEGOTIATORS
                  (Government Code section 54956.8)
                  Property: 5201 Ruffin Road, San Diego, CA 92123 and 5555 Highland Avenue,
                  San Diego, CA 92123

                  Negotiating Parties:

                       County:     April Heinze, Lou Cavagnaro

                       Other:      Lowe Enterprise, Inc.

                  Under Negotiation: Price and Terms of Payment

             D.   CONFERENCE WITH LABOR NEGOTIATORS
                  (Government Code section 54957.6)
                  Designated Representatives: Carlos Arauz and Susan Brazeau
                  Employee Organizations: All




11/19/2008                                                                                 18
             ACTION:
             In closed session on Tuesday, November 18, 2008, the Board of Supervisors took the
             following action:

             Item 13A: County of San Diego v. Palomar Community College District; by vote of all 4
             members of the Board who were present, with District 4 absent, the Board authorized
             settlement by the County of its lawsuit against the community college district over
             environmental and traffic impacts from the sitting of the district’s planned North Education
             Center.

 There being no further business, the Board adjourned at 10:03 a.m. in memory of Charles Willis Riggs.



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



 Consent: Santos
 Discussion: Mazyck


 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.




11/19/2008                                                                                          19

								
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