COUNTY OF SAN DIEGO BOARD OF SUPERVISORS



STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, JUNE 21, 2006, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order at 9:02 a.m.

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

Board of Supervisors’ Agenda Items

|1. |CONTINUED NOTICED PUBLIC HEARING: |

| |REQUEST FOR CONTINUANCE; RAMONA RIDGE ESTATES, TENTATIVE MAP 5008RPL6; RAMONA COMMUNITY PLAN AREA |

| |(CARRYOVER FROM 12/7/05, AGENDA NO. 1) |

|2. |COUNTY FIRE SERVICE PROGRAM: AUTHORIZATION TO NEGOTIATE ADDITIONAL CONTRACTS WITH FIRE AGENCIES TO IMPROVE FIRE SERVICE IN THE |

| |UNINCORPORATED AREA |

| |[FUNDING SOURCE(S): COUNTY GENERAL FUND FUND BALANCE] |

|3. |BALLOT MEASURE PROPOSAL: CHANGING THE BOULEVARD SPONSOR GROUP TO AN ELECTED PLANNING GROUP |

|4. |APPROVE REVENUE AGREEMENT WITH THE STATE DEPARTMENT OF TOXIC SUBSTANCES CONTROL FOR BORDER ENFORCEMENT ACTIVITY/ INVESTIGATIONS |

| |[FUNDING SOURCE(S): REVENUE AGREEMENT WITH THE STATE DEPARTMENT OF TOXIC SUBSTANCES CONTROL] |

|5. |AUTHORIZATION TO APPLY FOR AND ACCEPT A GRANT FROM THE UNITED STATES DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS |

| |ADMINISTRATION |

| |[FUNDING SOURCE(S): UNITED STATES DEPARTMENT OF TRANSPORTATION, RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION] |

|6. |TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS |

|7. |ADVERTISE AND AWARD CONTRACT FOR ASPHALT RESURFACING & CULVERT REPLACEMENT ON VARIOUS COUNTY ROADS |

| |[FUNDING SOURCE: GAS TAX REVENUE, PROPOSITION 42 REVENUE, & CONTRIBUTIONS FROM BENEFITING PERMANENT ROAD DIVISIONS] |

|8. |ADVERTISE AND AWARD CONTRACT FOR CONCRETE CURBS, GUTTERS, SIDEWALKS, CROSS GUTTERS, AND CURB RAMPS IN UNINCORPORATED AREAS OF SAN |

| |DIEGO COUNTY |

| |[FUNDING SOURCE(S): GAS TAX REVENUE] |

|9. |SET HEARING FOR 7/19/06 |

| |FORMATION OF UNDERGROUND UTILITY DISTRICT FOR SOUTH SANTA FE AVENUE |

|10. |VIEJAS BOULEVARD BRIDGE REPLACEMENT PROJECT: ADOPT MITIGATED NEGATIVE DECLARATION AND AUTHORIZE NEGOTIATIONS FOR ACQUISITION OF |

| |RIGHT OF WAY |

|11. |ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF PALA TEMECULA ROAD CULVERTS |

| |[FUNDING SOURCE: PALA BAND OF MISSION INDIANS] |

|12. |MCCLELLAN-PALOMAR AIRPORT – QUITCLAIM OF LEASE WITH BLUE MAX PALOMAR AIRPORT COMPANY, LLC |

| |[FUNDING SOURCE: AIRPORT ENTERPRISE FUND] |

| |(4 VOTES) |

|13. |SAN MARCOS LANDFILL FINAL CLOSURE PROJECT: BUDGET ADJUSTMENT |

| |[FUNDING SOURCE(S): SOLID WASTE LANDFILL CLOSURE RESERVE] |

| |(4 VOTES) |

|14. |APPROVE COOPERATIVE AGREEMENT WITH RAMONA MUNICIPAL WATER DISTRICT FOR CULVERT REPLACEMENTS ON OLD JULIAN HIGHWAY AND VISTA RAMONA |

| |ROAD IN RAMONA |

|15. |COOPERATIVE AGREEMENT WITH THE SAN DIEGO LOCAL AGENCY FORMATION COMMISSION FOR PREPARATION OF A MICRO REPORT FOR ESTABLISHMENT OF A |

| |REGIONAL FIRE PROTECTION DISTRICT |

| |[FUNDING SOURCE(S): COUNTY GENERAL FUND FUND BALANCE] |

| |(4 VOTES) |

|16. |REAPPOINTMENTS TO THE COUNTY’S SCIENCE ADVISORY BOARD |

|17. |ADMINISTRATIVE ITEM: |

| |COUNTY OF SAN DIEGO TRACT NO. 5069-1: APPROVAL OF FINAL MAP AND THREE JOINT SECURED AGREEMENTS FOR PUBLIC AND PRIVATE IMPROVEMENTS |

| |LOCATED IN SAN DIEGUITO COMMUNITY PLAN AREA |

|18. |APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN COUNTY AND DEPARTMENT OF THE NAVY RELATED TO CONVEYANCE OF LAND CONTAINING STOWE TRAIL |

| |TO COUNTY |

|19. |CLOSED SESSION |

|20. |OFF DOCKET ITEM: |

| |ADMINISTRATIVE ITEM: |

| |APPOINTMENT TO EMERGENCY MEDICAL CARE COMMITTEE |

|21. |PUBLIC COMMUNICATION |

|1. |SUBJECT: |CONTINUED NOTICED PUBLIC HEARING: |

| | |REQUEST FOR CONTINUANCE; RAMONA RIDGE ESTATES, TENTATIVE MAP 5008RPL6; RAMONA COMMUNITY PLAN AREA (DISTRICT: 2) |

| | |(CARRYOVER FROM 12/7/05, AGENDA NO. 1 |

| |OVERVIEW: |

| |On December 7, 2005 (1), the Board of Supervisors continued the hearing on TM 5008RPL6 to June 21, 2006. The applicant needs to update |

| |complex environmental studies and address potential cumulative impacts that allow the issuance of a revised Negative Declaration. The |

| |applicant has been unable to complete the studies and is concerned over the current proposal in Ramona to incorporate. The vote on |

| |incorporation should take place by November 2006 therefore a continuance to July 2007 should allow adequate time to complete the studies if|

| |the community decides not to incorporate. (Thomas Bros.: Page 1153, A1). |

| |FISCAL IMPACT: |

| |N/A. |

| |RECOMMENDATION: |

| |DEPARTMENT OF PLANNING AND LAND USE: |

| |Continue the hearing to July 2007. |

| |ACTION: |

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

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

| |

| |

|2. |SUBJECT: |COUNTY FIRE SERVICE PROGRAM: AUTHORIZATION TO NEGOTIATE ADDITIONAL CONTRACTS WITH FIRE AGENCIES TO IMPROVE FIRE |

| | |SERVICE IN THE UNINCORPORATED AREA (DISTRICTS: ALL) |

| |OVERVIEW: |

| |On September 20, 2005 (1) the Board of Supervisors approved the negotiation and award of contracts with existing fire agencies to improve |

| |fire protection and emergency service response in unincorporated areas where these services were not adequately provided. The Board also |

| |established appropriations of $5,030,000 in the Department of Planning and Land Use to fund the total annual cost for these contracts and |

| |authorized the creation of seven additional positions within the Department to provide support for the Fire Service Program. |

| | |

| |As of February 2006, the Department of Planning and Land Use has successfully completed contract negotiations with the California |

| |Department of Forestry and Fire Protection, nine Volunteer Fire Companies, one Municipal Water District and five Fire Protection Districts.|

| |All of the $5,030,000 has now been allocated. Subsequent to the completion of contract negotiations, additional Volunteer Fire Companies |

| |have expressed a desire to be included in the program. However, there are currently no additional funds available. |

| | |

| |This proposal would expand the current Fire Service Program and again authorize the Director of Purchasing and Contracting, on behalf of |

| |the Chief Administrative Officer, to negotiate contracts with existing fire service entities in order to establish or enhance year-round |

| |fire protection and emergency response services in additional un-served or under served areas. This proposal would also improve fire |

| |prevention, planning, training, coordination, and standardization of equipment. |

| |FISCAL IMPACT: |

| |Funds for this request are included in the Department of Planning & Land Use FY 2006-07 and 2007-08 Operational Plan. The funding source is|

| |County General Fund fund balance |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the proposal is exempt from the California Environmental Quality Act (CEQA) as specified in Section 15061 (b) (3) of the State |

| |CEQA Guidelines. |

| |Authorize the Director of Purchasing and Contracting to negotiate new contracts and amend existing contracts with the California Department|

| |of Forestry and Fire Protection, Fire Protection Districts, County Service Areas and additional Volunteer Fire Companies and upon |

| |successful negotiation and determination of fair and reasonable price, award contracts to improve fire protection and emergency response |

| |services in their service areas for no less than three years. |

| |Find that the procurement is exempt from Board Policy A-87, Competitive Procurement based on Public Domain – Procurement From Other |

| |Government Agencies. |

| |ACTION: |

| |Directing the Chief Administrative Officer to provide the Board with a comprehensive assessment report for all Fire Districts, ON MOTION of|

| |Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took action as recommended. |

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

| |

| |

|3. |SUBJECT: |BALLOT MEASURE PROPOSAL: CHANGING THE BOULEVARD SPONSOR GROUP TO AN ELECTED PLANNING GROUP (DISTRICT: 2) |

| |OVERVIEW: |

| |The Boulevard Sponsor Group has formally voted to request that the Board of Supervisors place an item on the November 2006 ballot that |

| |would ask the voting members of the community if they would like to change the Boulevard Sponsor Group to an elected planning group. This |

| |action would give the voters within the Boulevard Community Planning Area an opportunity to determine if the change is desired and then |

| |would give the community an opportunity to elect members to their new planning group. |

| |FISCAL IMPACT: |

| |Costs associated with this action can be absorbed within the 2006-07 budget of the Department of Planning and Land Use and the Registrar of|

| |Voters. |

| |RECOMMENDATION: |

| |SUPERVISOR JACOB |

| |Direct the Registrar of Voters to conduct an election on the November 2006 ballot for the Boulevard Community Planning Area to determine |

| |whether or not the registered voters within the planning area want to form an elected planning group for their community planning area |

| |through the election procedures pursuant to Board of Supervisors Policy I-1; and |

| |Direct the Registrar of Voters to place on the same ballot for election pursuant to the procedures of Board of Supervisors Policy I-1, the |

| |three even numbered seats (terms expiring in January 2007) currently serving on the Boulevard Sponsor Group provided that voters support |

| |the formation of a planning group for their community planning area. In addition, the remaining seats of the Boulevard Sponsor Group (odd |

| |numbered) and the individuals who hold them will serve on the newly created seven-member Boulevard Planning Group until the November 2008 |

| |election when the odd numbered seats will be up for election. |

| |ACTION: |

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

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

| |

| |

|4. |SUBJECT: |APPROVE REVENUE AGREEMENT WITH THE STATE DEPARTMENT OF TOXIC SUBSTANCES CONTROL FOR BORDER ENFORCEMENT ACTIVITY/ |

| | |INVESTIGATIONS (DISTRICT: ALL) |

| |OVERVIEW: |

| |Since 1989 the Hazardous Materials Management Division of the Department of Environmental Health (DEH) has ensured that hazardous waste is |

| |properly handled by companies doing business on both sides of the international border, thus providing protection to the environment and |

| |the general public. Under an agreement with the California Department of Toxic Substances Control, spot check inspections are performed of|

| |commercial trucks crossing the United States/Mexico border. These inspections ensure that hazardous waste is properly handled by companies|

| |doing business on both sides of the international border, thus providing protection to the environment and the general public. |

| | |

| |This is a request for approval of a Fiscal Year 2006-07 revenue agreement, in the amount of $75,000 with the State Department of Toxic |

| |Substances Control. Funds will continue to be used for four purposes: (1) to provide technical assistance during commercial truck |

| |inspections at the United States/Mexico border; (2) to develop and implement educational programs on emergency response and personal |

| |protective equipment to affected agencies on both sides of the border; (3) to respond to complaints involving imports and exports of |

| |hazardous wastes between California and Mexico; and (4) to conduct other border related activities as directed by the Department of Toxic |

| |Substances Control for hazardous waste inspection and enforcement actions. This agreement requires travel into Mexico. |

| |FISCAL IMPACT: |

| |Funds for this request are included in the CAO’s Proposed Operational Plan for Fiscal Years 2006-08 in the Department of Environmental |

| |Health. If approved, this request will result in $75,000 in revenue and $71,250 in direct cost for Fiscal Year 2006-07. This is a full |

| |cost recovery agreement, including both internal and external overheads. The funding source is the revenue agreement with the State |

| |Department of Toxic Substances Control. This request will result in no additional staff years. |

| |BUSINESS IMPACT STATEMENT: |

| |This program benefits businesses that are hazardous waste generators under permit with the Department of Environmental Health by ensuring |

| |that those who transport hazardous waste across the United States/Mexico border are in compliance with applicable environmental laws. This|

| |protects the environment on both sides of the border and eliminates the unfair business practice of hazardous waste generators trying to |

| |evade the costs associated with proper disposal of their hazardous waste. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find in accordance with Section 15061(b)(3) of the State of California Environmental Quality Act Guidelines that it can be seen with |

| |certainty that there is no possibility that the activity in question may have a significant effect on the environment and is, therefore, |

| |not subject to the California Environmental Quality Act. |

| | |

| |Approve and authorize the Director, Department of Environmental Health, to execute a revenue agreement with the State Department of Toxic |

| |Substances Control in the amount of $75,000 effective July 1, 2006 through June 30, 2007. |

| | |

| |Authorize the Director, Department of Environmental Health, to execute any extensions, amendments, and/or revisions thereof that do not |

| |materially impact or alter the program or funding level. |

| | |

| |In accordance with Board Policy D-7, Out-of-County Business and Related Guidelines and Processes, approve travel to Mexico for Department |

| |of Environmental Health staff to provide training, meet with officials, and attend meetings related to this agreement |

| |ACTION: |

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

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

| |

| |

|5. |SUBJECT: |AUTHORIZATION TO APPLY FOR AND ACCEPT A GRANT FROM THE UNITED STATES DEPARTMENT OF TRANSPORTATION RESEARCH AND |

| | |SPECIAL PROGRAMS ADMINISTRATION (DISTRICT: ALL) |

| |OVERVIEW: |

| |The Federal Hazardous Material Law authorizes the United States Department of Transportation, through the Research and Special Programs |

| |Administration, to provide assistance to public sector employees through training and planning grants. Hazardous Materials Emergency |

| |Preparedness planning funds may be used to develop, improve and implement emergency plans required under the Emergency Planning and |

| |Community Right-to-Know Act of 1986, and enhance those emergency plans to include hazard analysis, as well as response procedures for |

| |emergencies involving transportation of hazardous materials, including radioactive materials. |

| | |

| |The Department of Environmental Health is seeking Board approval to apply for and accept a Fiscal Year 2006-07 grant from the United States|

| |Department of Transportation, Research and Special Programs Administration, in an estimated amount of $13,644 to update the County’s Area |

| |Hazardous Materials Emergency Plan |

| |FISCAL IMPACT: |

| |There is no impact in the current fiscal year. Funds for this request are not included in the Fiscal Year 2006-07 CAO Proposed Operational |

| |Plan for the Department of Environmental Health. If awarded, these funds will result in an estimated $13,644 in costs and revenue and will |

| |be appropriated during the Fiscal Year 2006-07 First Quarter Operational Plan Status Report. The funding program requires an in-kind |

| |matching contribution of twenty percent (20%) of the total cost. The matching contribution of $3,411 will be from existing budgeted staff |

| |time. The funding source is a grant with the United States Department of Transportation, Research and Special Programs Administration. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find in accordance with Section 15061(b)(3) of the State of California Environmental Quality Act Guidelines that it can be seen with |

| |certainty that there is no possibility that the activity in question may have a significant effect on the environment and is, therefore, |

| |not subject to the California Environmental Quality Act. |

| | |

| |Approve and authorize the Director, Department of Environmental Health, to execute a revenue agreement with the United States Department of|

| |Transportation, Research and Special Programs Administration, in an estimated amount of $13,644 for the period of October 1, 2006 through |

| |September 30, 2007. |

| | |

| |Authorize the Director, Department of Environmental Health, to execute any extensions, amendments, and or revisions thereof that do not |

| |materially impact or alter either the program or funding level. |

| |ACTION: |

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

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

| |

| |

|6. |SUBJECT: |TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (DISTRICTS 2 AND 5) |

| |OVERVIEW: |

| |The Traffic Advisory Committee (TAC) meets every six weeks to review proposed changes or additions to regulatory traffic controls. Sixteen|

| |items were on the Committee's April 21, 2006, meeting agenda. The Committee recommends your action on 14 items, as two items were continued|

| |prior to the meeting. Item 5-L was continued by staff. Item 5-M was continued at the request of the Twin Oaks Valley Community Sponsor |

| |Group. All 14 remaining items are recommended for action, with one item (5-C) requesting a continuance to the August 25, 2006 TAC meeting. |

| |This report also includes a request for continuance of a discussion item pertaining to guidelines for prohibiting long-term parking of |

| |recreational vehicles on certain county-maintained roadways in residential areas. The TAC recognizes this is a far-reaching and complex |

| |task that can affect the character and ambiance of a neighborhood. It became apparent to the TAC that since this is a quality of life |

| |issue, the respective community planning and sponsor groups should participate in addressing this issue. The TAC has provided all the |

| |community planning and sponsor groups with draft guidelines for their review. The TAC’s goal is to work with all the planning and sponsor |

| |groups to implement a program that addresses the needs of all neighborhoods in the county. |

| |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. Jamacha Road and Helix Street, SPRING VALLEY-Do not establish additional regulatory controls. |

| |2-B1. Holly Road and Eucalyptus Drive, CREST-Amend an existing Stop resolution to reflect existing signage on Eucalyptus Drive. |

| | |

| | |

| | |

| |District 5 |

| |5-A. Winter Haven Road from Brooke Road easterly to Winterwarm Road, (a distance of 1.1 miles) FALLBROOK-Recertify the existing 45 MPH |

| |speed limit for the continued use of radar for speed enforcement. |

| |5-B. Fallbrook Street from Stage Coach Lane westerly to Main Street, (a distance of 1.38 miles) FALLBROOK- Recertify the existing 40 MPH |

| |speed limit for the continued use of radar for speed enforcement.. |

| |5-C. Reche Road from Live Oak Park Road easterly to Via Vista, (a distance of 0.68 miles) FALLBROOK-Continue the matter of |

| |recertification of the existing 40 MPH speed limit to the August 25, 2006 TAC meeting. |

| |5-D. McDonald Road from Fallbrook Street southerly to Pepper Tree Lane, (a distance of 1.0 mile) FALLBROOK-Raise the existing 40 MPH |

| |speed limit to 45 MPH. Direct the proposed 45 MPH speed limit be certified for the use of radar for speed enforcement. |

| |5-E. Tilting T Drive and Borrego Valley Road, BORREGO- Retain the existing yield control facing eastbound traffic on Tilting T Drive. |

| |5-F. Tilting T Drive and Marker Lane, BORREGO-Establish yield controls, instead of stop controls, for north and south traffic on Marker |

| |Lane. |

| |5-G. Tilting T Drive and DiGiorgio Road, BORREGO-Establish yield controls, instead of stop controls, for north and sound traffic on |

| |DiGiorgio Road. |

| |5-H. Tilting T Drive and Broken Arrow Road, BORREGO-Retain the existing yield controls facing east and west bound traffic on Tilting T |

| |Drive. |

| |5-I. Tilting T Drive and Country Club Road, BORREGO-Retain the existing yield controls facing east and west bound traffic on Tilting T |

| |Drive. |

| |5-J. Broken Arrow Road and Country Club Road, BORREGO-Retain the existing yield control facing eastbound traffic on Country Club Road. |

| |Establish yield controls at both ends of Broken Arrow Access Road at Country Club Road. |

| |5-K. Ocotillo Circle and Lazy S Drive, BORREGO-Remove the existing yield control facing northbound motorists on Ocotillo Circle |

| |approaching Lazy S Drive. |

| |5-L. This item was continued prior to the meeting by staff. |

| |5-M. This item was continued prior to the meeting at the request of the Twin Oaks Valley Community Sponsor Group. |

| |5-N1. Burma Road from the west line of Luneta Lane easterly to the west line of Olive Hill Road, FALLBROOK- Establish a through highway.|

| | |

| | |

| | |

| |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. |

| |Adopt, amend and/or delete the following Resolutions: |

| |No. 304 (Items 2-B1 and 5-N1) |

| |No. 305 (Item 5-N1) |

| |No. 306 (Items 5-F, 5-G, 5-J and 5-K) |

| |4. Approve the introduction, read title and waive further reading of the following Ordinance (Item 5-D). |

| |AN ORDINANCE AMENDING SECTION 72.161.42. 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 July 19, 2006. |

| |5. Continue discussion item pertaining to establishing guidelines for prohibiting long-term parking of recreational vehicles on certain |

| |county-maintained roadways in residential areas to September 20, 2006. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, Consent, adopting Resolution No. |

| |06-106 entitled: RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 304 RELATING TO THE ESTABLISHMENT OF STOP INTERSECTIONS IN THE COUNTY OF SAN |

| |DIEGO; Resolution No. 06-107 entitled: RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 305 RELATING TO THE ESTABLISHMENT OF THROUGH HIGHWAYS IN |

| |THE COUNTY OF SAN DIEGO; and Resolution No. 06-108 entitled: RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 306 RELATING TO THE ESTABLISHMENT |

| |OF YIELD RIGHT-OF-WAY INTERSECTIONS IN THE COUNTY OF SAN DIEGO, and introducing Ordinance for Board further consideration and adoption on |

| |July 19, 2006. |

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

| |

|7. |SUBJECT: |ADVERTISE AND AWARD CONTRACT FOR ASPHALT RESURFACING & CULVERT REPLACEMENT ON VARIOUS COUNTY ROADS (DISTRICTS: 1, 2,|

| | |5) |

| |OVERVIEW: |

| |The Department of Public Works is responsible for maintaining nearly 2,000 miles of roads in the unincorporated area of San Diego County. |

| |County road crews inspect all County maintained roads and prioritize them for preventive maintenance. Preventive maintenance includes the |

| |replacement of storm drain pipes on roads scheduled for resurfacing. Through visual inspection and scientific methods, staff determines |

| |which roads require asphalt resurfacing and replacement of storm drain pipes. Asphalt resurfacing restores the structural integrity of the|

| |road and reduces future maintenance costs. Storm drain pipe replacement ensures that storm drain systems are adequate to manage flooding |

| |during storm events. Adequate storm drain systems protect against sudden failure of the roadway and reduce future maintenance costs and |

| |repairs. |

| | |

| |This is a request for approval to advertise and award, to the lowest responsible bidder, a contract to resurface various roadway segments |

| |and replace storm drain pipes in the north, south and east areas of unincorporated San Diego County. Total cost, including contingency, is|

| |approximately $6,966,000. |

| |FISCAL IMPACT: |

| |Funds for this request are budgeted in the Department of Public Works Fiscal Year 2005-06 Detailed Work Program. Funding sources are gas |

| |tax revenue ($3,700,000), Proposition 42 revenue ($3,100,000) and contributions from the benefiting Permanent Road Divisions (approximately|

| |$166,000) having work performed in this contract. Total current year cost will be $6,966,000 with no subsequent years and no additional |

| |staff years. There will be no impact to the General Fund. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15301 of the State|

| |CEQA Guidelines. |

| | |

| |Authorize the Director, Department of Purchasing and Contracting, to take any action authorized by Section 401 et seq., of the |

| |Administrative Code with respect to contracting for subject public works project. |

| | |

| |Designate the Director, Department of Public Works, as the County Officer responsible for administering the construction contract in |

| |accordance with Board Policy F-41, Public Works Construction Contracts. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent |

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

| |

| |

|8. |SUBJECT: |ADVERTISE AND AWARD CONTRACT FOR CONCRETE CURBS, GUTTERS, SIDEWALKS, CROSS GUTTERS, AND CURB RAMPS IN UNINCORPORATED|

| | |AREAS OF SAN DIEGO COUNTY (DISTRICTS: 1, 2, 5) |

| |OVERVIEW: |

| |This annual construction project will contribute to the revitalization of surrounding areas by improving pedestrian safety and street |

| |drainage. The improvements included in this contract will be performed in various communities in unincorporated San Diego County. |

| | |

| |This is a request for approval to advertise and award to the lowest responsible bidder, a contract to remove and replace damaged curbs, |

| |gutters and sidewalks and to construct curb ramps and cross gutters in (Districts 1, 2 and 5) of the unincorporated area of San Diego |

| |County. Bid packages have been structured with a base bid consisting of the minimum number of locations to be removed and replaced and |

| |additive alternates, which are clusters of locations that can be added to the contract if bid prices favor doing so. Total cost, including |

| |contingency, is approximately $450,000. |

| |FISCAL IMPACT: |

| |Funds for this request are budgeted in the Department of Public Works Fiscal Year 2005-06 Detailed Work Program. The funding source is gas|

| |tax revenue ($450,000). Total current year cost will be $450,000 with no subsequent years and no additional staff years. There will be no|

| |impact to the General Fund. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15301 of the State|

| |CEQA Guidelines. |

| | |

| |Authorize the Director, Department of Purchasing and Contracting, to take any action authorized by Section 401 et seq., of the |

| |Administrative Code with respect to contracting for subject public works project. |

| | |

| |Designate the Director, Department of Public Works, as the County Officer responsible for administering the construction contract in |

| |accordance with Board Policy F-41. |

| |ACTION: |

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

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

| |

| |

|9. |SUBJECT: |SET HEARING FOR 7/19/06 |

| | |FORMATION OF UNDERGROUND UTILITY DISTRICT FOR SOUTH SANTA FE AVENUE (DISTRICT: 5) |

| |OVERVIEW: |

| |The purpose of the Underground Utility District program is to improve the appearance of communities by undergrounding overhead utilities in|

| |areas of benefit to the general public. Board Policy J-17, Undergrounding of Existing Overhead Utility Facilities, establishes a policy and|

| |procedure for district formation and program administration. |

| | |

| |Establishing an Underground Utility District is a two-step process. This first step is adopting a resolution of intention and setting a |

| |date for a public hearing. The second step is to adopt an ordinance forming the district at close of the public hearing. This is a request |

| |to set a hearing for July 19, 2006, to form a new district, South Santa Fe Avenue, from Montgomery Drive to Smilax Road (Thomas Guide Pages|

| |1108 B-2, B-3, C-3, C-4). |

| |FISCAL IMPACT: |

| |Utility companies underground their overhead lines at their own expense. Funds for formation and administration of these districts are |

| |budgeted in Department of Public Works General Fund. If approved, this request will result in a $2,000 current year cost, and $1,000 |

| |subsequent year cost, and will require no additional staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find, pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, that the requested actions are not |

| |subject to CEQA, because it can be seen with certainty that there is no possibility that they may have a significant effect on the |

| |environment. |

| |Adopt a resolution entitled Resolution of Intention to Form Underground Utility District No. 101, South Santa Fe Avenue, setting a public |

| |hearing for July 19, 2006. |

| | |

| |At the close of the public hearing on July 19, 2006, adopt AN ORDINANCE ADDING SECTION 89.302 TO THE SAN DIEGO COUNTY CODE OF REGULATORY |

| |ORDINANCES TO FORM AN UNDERGROUND UTILITY DISTRICT FOR SOUTH SANTA FE AVENUE, UNDERGROUND UTILITY DISTRICT NO. 101. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution |

| |No. 06-109 entitled: RESOLUTION OF INTENTION TO FORM UNDERGROUND UTILITY DISTRICT NO. 101 SOUTH SANTA FE AVENUE and setting Hearing for |

| |July 19, 2006 at 9:00 a.m. |

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

| |

| |

|10. |SUBJECT: |VIEJAS BOULEVARD BRIDGE REPLACEMENT PROJECT: ADOPT MITIGATED NEGATIVE DECLARATION AND AUTHORIZE NEGOTIATIONS FOR |

| | |ACQUISITION OF RIGHT OF WAY (DISTRICT: 2) |

| |OVERVIEW: |

| |The existing two-lane, two-span timber deck Viejas Boulevard Bridge, located in the Descanso area, was built in 1950 and does not meet |

| |current structure and road standards (Thomas Guide 1236, page A-2). This project consists of replacing the existing Viejas Boulevard Bridge|

| |that crosses the Sweetwater River with a new bridge that meets federal standards. The replacement bridge will be in the same location and |

| |alignment as the existing bridge, with one travel lane striped for each direction. The bridge will accommodate 100-year flood events and |

| |meet current seismic standards. |

| | |

| |This project qualifies for federal funds under the Federal Highway Administration’s Highway Bridge Replacement and Rehabilitation Program. |

| |This program provides federal aid to local agencies to replace or rehabilitate deficient, locally-owned public bridges. The California |

| |Department of Transportation (Caltrans) distributes this funding throughout the state for eligible bridges that have the greatest need, and|

| |has approved federal funding assistance for engineering design, environmental review and right of way engineering costs for this project. |

| | |

| |This is a request to approve the Mitigated Negative Declaration and authorize negotiations for acquisition of right of way in preparation |

| |for construction of this bridge replacement project. |

| |FISCAL IMPACT: |

| |Acquisition of right of way and construction are included in the proposed Department of Public Works Fiscal Year 2006-07 and 2007-08 |

| |Operational Plans. If approved, these recommendations will result in no current year cost. The Viejas Boulevard Bridge Replacement Project |

| |will be funded by Federal Highway Bridge Replacement & Rehabilitation (HBRR) Program (80%) and Road Fund (20%). This request will require |

| |no additional staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find, on the basis of the whole record, there is no substantial evidence the project will have a significant effect on the environment. |

| |Consider the Mitigated Negative Declaration together with any comments received during public review, and adopt it, finding it reflects the|

| |independent judgment and analysis of the Board of Supervisors. |

| | |

| |Adopt the Mitigation Monitoring and Reporting Program prepared in accordance with Public Resources Code, Section 21081.6, and authorize the|

| |Director, Department of Public Works, to ensure compliance with the Mitigation Monitoring and Reporting Program. |

| | |

| |Authorize the Director, Department of General Services to begin negotiations for the acquisition of right of way as required to construct |

| |the bridge replacement project at Viejas Boulevard and the Sweetwater River. |

| |ACTION: |

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

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

| |

| |

|11. |SUBJECT: |ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF PALA TEMECULA ROAD CULVERTS (DISTRICT: 5) |

| |OVERVIEW: |

| |This project involves the construction of new drainage culverts across Pala Temecula Road in Pala. (Thomas Guide: Page 1029-G1) Currently, |

| |there are two existing deteriorated metal pipe culverts that convey flow from Pala Creek. Completion of this project will reduce flooding |

| |in the roadway and improve traffic flow. |

| | |

| |On August 6, 2003 (7), the Board approved a Cooperative Agreement with Pala Band of Mission Indians (Pala Band), where the Pala Band agreed|

| |to contribute $1,310,000 toward necessary improvements to Pala Temecula Road. Approximately $700,000 of work has already been performed by |

| |Public Works Road Maintenance field staff. The culvert project will be funded from the balance of the Cooperative Agreement. |

| | |

| |On April 7, 2006, a Mitigated Negative Declaration for the culvert replacement project was circulated for 30-day public review. The review |

| |period ended May 8, 2006. Comments were received and staff has responded. The project has been designed and is now ready for |

| |construction. |

| | |

| |This is a request to adopt the Mitigated Negative Declaration that covers this proposed project as well as proposed improvements at |

| |locations along Pala Mission Road. The Pala Mission Road culvert improvements are in design and will not be constructed as part of |

| |requested actions. Once design is complete and funding is identified and secured, staff will return to the Board for approval to advertise |

| |and award construction of those improvements. |

| | |

| |This is also a request to approve advertisement and subsequent award, to the lowest responsive and responsible bidder, of a contract to |

| |construct the Pala Temecula Road Culverts project. Upon Board approval, Department of Purchasing and Contracting will advertise and |

| |subsequently award a contract for construction, scheduled to commence in September 2006 and be completed in October 2006. Contract award |

| |will be after environmental permits have been secured. |

| |FISCAL IMPACT: |

| |Funds for construction are budgeted in the Department of Public Works FY 2005-06 Detailed Work Program. Funding source is Pala Band of |

| |Mission Indians. If approved, this request will result in up to $610,000 current year cost, of which up to $450,000 is for construction |

| |and contingency, and up to $160,000 is for other costs related to construction such as inspection, materials testing and environmental |

| |monitoring. These actions will result in no subsequent year costs and will require no additional staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find on the basis of the whole record, that there is no substantial evidence this project will have a significant effect on the |

| |environment. Consider the Mitigated Negative Declaration together with comments received during public review, and adopt it, finding that |

| |it reflects the independent judgment and analysis of the Board of Supervisors. |

| | |

| |Adopt the Mitigation Monitoring and Reporting Program prepared in accordance with Public Resources Code, Section 21081.6, and authorize the|

| |Director, Department of Public Works, to ensure compliance with the Mitigation Monitoring and Reporting Program. |

| | |

| |Authorize the Director, Department of Purchasing and Contracting, to take any action authorized by Section 401, et seq., of the |

| |Administrative Code with respect to contracting for the construction of the Pala Temecula Road culverts. |

| | |

| |Designate the Director, Department of Public Works, as the County Officer responsible for administering the construction contract, in |

| |accordance with Board Policy F-41, Public Works Construction Contracts. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent |

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

| |

| |

|12. |SUBJECT: |MCCLELLAN-PALOMAR AIRPORT – QUITCLAIM OF LEASE WITH BLUE MAX PALOMAR AIRPORT COMPANY, LLC (DISTRICT: 5) |

| |OVERVIEW: |

| |McClellan-Palomar Airport, located in Carlsbad, is a major gateway to and from San Diego’s North County and is one of the busiest single |

| |runway airports in the nation. It provides facilities and services to commercial, corporate, and general aviation communities and is home |

| |to 305 based aircraft. |

| | |

| |On January 14, 2004 (4), the Board approved a 30-year lease with Palomar Airport Center, LLC for the construction of a restaurant at |

| |McClellan-Palomar Airport. The lease was then assigned to Blue Max Palomar Airport Company, LLC, dba Blue Max Development, Inc. (Blue Max) |

| |on November 1, 2004. Due to a number of delays, including partnership changes for Blue Max, construction of the restaurant has not begun. |

| |Blue Max recently informed the County that it would prefer to reach an agreement to terminate the lease and not build the restaurant. |

| | |

| |Termination of the lease will benefit County Airports in that it will allow the leasehold premises to be better incorporated into a |

| |proposed new terminal building. |

| |This is a request to accept Quitclaim of Lease, County Contract Number 103404, from Blue Max to the County. The County is proposing to buy|

| |back the interest of Blue Max in its County leasehold for the sum of $55,435. The proposed agreement is a fair value and good business |

| |decision for the County because it allows the best terminal design to move forward in a timely manner. |

| |FISCAL IMPACT: |

| |Funding source is the Airport Enterprise Fund. If approved, this request will result in a total of $55,435 current year cost, no annual |

| |cost, and will require no additional staff years. There will be no impact to the County General Fund. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find, in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, that the proposed action is |

| |categorically exempt from CEQA review. |

| | |

| |Approve and authorize Clerk of the Board to accept, upon receipt, three copies of a Quitclaim of Lease for County Contract Number 103404 |

| |from Blue Max Palomar Airport Company, LLC dba Blue Max Development, Inc. to the County for a payment of $55,435. (4 VOTES) |

| |ACTION: |

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

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

| |

| |

|13. |SUBJECT: |SAN MARCOS LANDFILL FINAL CLOSURE PROJECT: BUDGET ADJUSTMENT (DISTRICT: 5) |

| |OVERVIEW: |

| |The San Marcos Final Closure project has been completed, and contracts for work are in process of closure. A budget adjustment is necessary|

| |to align the project budget with previously approved expenditures for this project. This action will not change the total project cost. |

| |FISCAL IMPACT: |

| |Funds for this request are not included in the Fiscal Year 2005-06 Operational Plan. If approved, appropriations of $1,402,294 will be |

| |added to the Department of Public Works General Fund to align the total budget for the San Marcos Landfill Closure project with previously |

| |approved expenditures. The funding source is the Solid Waste Landfill Closure Reserve. This action will not change the total project cost |

| |of $25.7 million and will result in no additional staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find in accordance with Section 15060(c)(3) of the California Environmental Quality Act (CEQA) Guidelines that the establishment of |

| |appropriations to correct the budget to match previously authorized expenditures is not subject to CEQA review because the activity if |

| |not a project as defined by Section 15378 of the CEQA Guidelines. |

| |Establish appropriations of $1,402,294 in the Department of Public Works General Fund for the San Marcos Landfill Project based on |

| |revenue from the Solid Waste Landfill Closure Reserve for the San Marcos Landfill Closure. (4 VOTES) |

| |ACTION: |

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

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

| |

| |

|14. |SUBJECT: |APPROVE COOPERATIVE AGREEMENT WITH RAMONA MUNICIPAL WATER DISTRICT FOR CULVERT REPLACEMENTS ON OLD JULIAN HIGHWAY |

| | |AND VISTA RAMONA ROAD IN RAMONA (DISTRICT 2) |

| |OVERVIEW: |

| |The Department of Public Works is responsible for maintaining over 14,250 drainage culverts in the unincorporated area of San Diego County.|

| |County road crews maintain and inspect all drainage culverts to assure functionality and to determine their condition. These inspections |

| |are used to prioritize the rehabilitation and replacement of drainage culverts. |

| | |

| |The Ramona Municipal Water District is responsible for providing safe and reliable drinking water to the citizens of Ramona. In order to |

| |assure a reliable source of drinking water for the residents of San Diego Country Estates, the District will soon be constructing a second |

| |waterline. Roadway excavation for the water line installation would require removal of sections of existing culverts the County maintains. |

| |Department of Public works staff identified eleven culverts in the area where the water line will be installed that are in need of |

| |replacement. Combining culvert replacement project with the water district project will expedite the culvert replacement and decrease |

| |inconvenience for area residents. |

| | |

| |This is a request for approval to enter into a cooperative agreement between the County of San Diego and the Ramona Municipal Water |

| |District wherein the water district will contract to construct the second San Diego Country Estates waterline and replace eleven existing |

| |drainage culverts in the Ramona area. The County will pay the portion of the construction contract for the eleven culvert replacements. |

| |Total cost, including contingency, is approximately $480,000 for the County portion of construction. |

| |FISCAL IMPACT: |

| |Funds for this request are budgeted in the Department of Public Works Fiscal Year 2005-06 Detailed Work Program. Funding source is Gas Tax |

| |Revenue. Total current year cost will be $480,000 with no subsequent year costs and no additional staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the proposed action is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15301 of the State |

| |CEQA Guidelines. |

| | |

| |Authorize the Director, Department of Public Works, to enter into a Cooperative Agreement with the Ramona Municipal Water District to allow|

| |for replacement of eleven drainage culverts as part of the waterline installation contract. |

| |ACTION: |

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

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

| |

| |

|15. |SUBJECT: |COOPERATIVE AGREEMENT WITH THE SAN DIEGO LOCAL AGENCY FORMATION COMMISSION FOR PREPARATION OF A MICRO REPORT FOR |

| | |ESTABLISHMENT OF A REGIONAL FIRE PROTECTION DISTRICT (DISTRICT: ALL) |

| |OVERVIEW: |

| |On May 18, 2004 (20) and August 3, 2004 (10), the Board of Supervisors took action to support the Local Agency Formation Commission’s |

| |efforts to determine the fire and emergency medical service needs of the region and to develop a model fire protection system for San Diego|

| |County. |

| | |

| |Funding is needed by the Local Agency Formation Commission to complete the Micro Report for the establishment of a Regional Fire Protection|

| |District. The report will provide details on the organization, legal, fiscal and governance issues necessary to improve structural fire |

| |protection services in San Diego County. Today’s action will authorize the Department of Planning and Land Use to enter into a Cooperative|

| |Agreement with the Local Agency Formation Commission to provide up to $284,400 in funding for Fiscal Year 2006-07 for the County’s share of|

| |the costs to complete the report. |

| |FISCAL IMPACT: |

| |Funds for this request are included in the Fiscal Year 2006-08 CAO Proposed Operational Plan Change Letter. The funding source is County |

| |General Fund fund balance. This request will result in the addition of no staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find in accordance with Section 15061(b)(3) of California Environmental Quality Act (CEQA) Guidelines that this action is not subject to |

| |CEQA review. |

| | |

| | |

| |Approve and authorize the Clerk of the Board to execute, upon receipt, three originals of a Cooperative Agreement between the County of San|

| |Diego and LAFCO that allows LAFCO reimbursement for the preparation of a Micro Report for establishment of a Regional Fire Protection |

| |District. Payments will be made as work products are delivered to the County. |

| | |

| |Designate the Director, Department of Planning and Land Use (DPLU), as the County Officer responsible for administering the agreement. |

| |ACTION: |

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

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

| |

| |

|16. |SUBJECT: |REAPPOINTMENTS TO THE COUNTY’S SCIENCE ADVISORY BOARD (DISTRICT: ALL) |

| |OVERVIEW: |

| |On April 14, 1992 (45), the Board of Supervisors established the Science Advisory Board. The Science Advisory Board is authorized eleven |

| |members. Currently, there are three seats whose terms will expire in the near future. This action will result in the reappointments of |

| |three current members for three year terms. |

| |FISCAL IMPACT: |

| |N/A |

| |BUSINESS IMPACT STATEMENT: |

| |This action will enable the Science Advisory Board to continue to assist the County in providing technical advice on scientific and |

| |technology issues as they affect the development of Board policies on economic and business development issues. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Reappoint Dr. Paul Dayton, Dr. Michael Oxman, and Dr. Kurt Benirschke for three year terms on the Science Advisory Board, terms to expire |

| |June 21, 2009. |

| |ACTION: |

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

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

| |

| |

|17. |SUBJECT: |ADMINISTRATIVE ITEM: |

| | |COUNTY OF SAN DIEGO TRACT NO. 5069-1: APPROVAL OF FINAL MAP AND THREE JOINT SECURED AGREEMENTS FOR PUBLIC AND |

| | |PRIVATE IMPROVEMENTS LOCATED IN SAN DIEGUITO COMMUNITY PLAN AREA (DISTRICT: 5) |

| |OVERVIEW: |

| |This project is a subdivision consisting of 33 single family residential lots and 1 private street lot on a total of 31.11 acres. It is |

| |located in Rancho Santa Fe, north of Camino Del Norte and east of Crosby Boulevard (Thomas Guide, Page 1169, B-2). |

| | |

| |The project is being brought before the Board for approval of final map and three joint secured agreements for public and private |

| |improvements. |

| |FISCAL IMPACT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Approve this map. |

| | |

| |Accept on behalf of the Public the access restriction easement from Lots 1, 2 and 3 in and to Old Course Road, from Lot 3 in and to Bing |

| |Crosby Boulevard and from Lots 3 and 4 in and to High Society Way all as dedicated on said map. |

| | |

| |Approve and authorize Clerk of the Board to execute Joint Agreement to Improve Major Subdivision (Onsite), which includes street and |

| |drainage improvements, sewer and water facilities and setting of final monuments (Attachment B). |

| | |

| |Approve and authorize Clerk of the Board to execute Joint Agreement to Improve Major Subdivision (Old Course Road Offsite), which includes |

| |street and drainage improvements, sewer and water facilities (Attachment E). |

| | |

| |Approve and authorize Clerk of the Board to execute Joint Agreement to Improve Major Subdivision (CG 4566), which includes street and |

| |drainage improvements, sewer and water facilities (Attachment H). |

| |ACTION: |

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

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

| |

| |

|18. |SUBJECT: |APPROVAL OF MEMORANDUM OF AGREEMENT BETWEEN COUNTY AND DEPARTMENT OF THE NAVY RELATED TO CONVEYANCE OF LAND |

| | |CONTAINING STOWE TRAIL TO COUNTY (DISTRICT: 2) |

| |OVERVIEW: |

| |The historic Stowe Trail is located on the eastern portion of Marine Corps Air Station Miramar and links the County’s Goodan Ranch and |

| |Sycamore Canyon Preserves to the north with Mission Trails Regional Park to the south. On May 17, 2005, the Board of Supervisors |

| |unanimously approved funding to initiate the due diligence necessary before the County can take title to approximately 230 acres of land |

| |containing this trail. On January 6, 2006, federal legislation was passed that allows the Department of the Navy to convey the land to the|

| |County in exchange for in-kind consideration equal to the value of the land conveyed. The next step in acquiring the Stowe Trail is |

| |approving a Memorandum of Agreement (MOA) between the County of San Diego and the Department of the Navy. This MOA sets forth the steps |

| |that each party will take before the parties enter into a contract for conveyance of the property to the County. |

| |Today’s action will approve the MOA between the County of San Diego and the Department of the Navy. Under the MOA, the Navy will survey |

| |and appraise the property. The County will prepare the environmental documents and the plans and specifications for a fence project, the |

| |in-kind consideration that the Navy requested. The County will reimburse the Navy for the costs it incurs to prepare the survey, |

| |appraisal, and real estate and legal costs. The County will pay for the preparation of the environmental documents. |

| |FISCAL IMPACT: |

| |Implementation of the Memorandum of Agreement will result in direct and indirect project costs, including due diligence for land |

| |acquisition, preparation of the environmental documents and the value of the in-kind project, which will be determined once the appraisal |

| |is complete. |

| |RECOMMENDATION: |

| |SUPERVISOR JACOB: |

| |Approve the Memorandum of Agreement Between the County of San Diego and Marine Corps Air Station Miramar of the United States Department of|

| |the Navy Regarding Transfer of Stowe Trail Property (Attachment A). |

| |Authorize the Director of Parks and Recreation to sign the Memorandum of Agreement and any amendments to the Agreement that do not increase|

| |the County’s costs. |

| |ACTION: |

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

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

| |

| |

|19. |SUBJECT: |CLOSED SESSION (DISTRICT: ALL) |

| |OVERVIEW: |

| |A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

| |(Subdivision (a) of Government Code section 54956.9) |

| |Daniel Clifford v. County of San Diego; SDO 0252294, SDO 0252295 |

| | |

| |B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

| |(Subdivision (a) of Government Code section 54956.9) |

| |San Diego County Deputy Sheriffs Association, et al. v. County of San Diego, et al.; Court of Appeal No. D046774 |

| | |

| |C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

| |(Subdivision (a) of Government Code section 54956.9) |

| |C. April Boling v. San Diego County Employees Retirement Association, et al.; San Diego County Superior Court No. GIC 859953 |

| | |

| |D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

| |(Subdivision (a) of Government Code section 54956.9) |

| |San Diego County Health and Human Services Agency v. Christopher A.; Fourth District Court of Appeal No. D047022 |

| | |

| |E. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION |

| |Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: (Number of Potential Cases – 1) |

| | |

| |F. CONFERENCE WITH LABOR NEGOTIATORS |

| |(Government Code section 54957.6) |

| |Designated Representatives: Carlos Arauz, Susan Brazeau, Lynette Mercado, and Lyn Bell |

| |Employee Organizations: All |

| |ACTION: |

| |In closed session following the public agenda of Tuesday, June 20, 2006, the Board of Supervisors took the following reportable action: |

| |Item 19B and 19D, San Diego County Sheriff’s Association v. County of San Diego and County of San Diego v. Christopher A, the Board of |

| |Supervisors, by vote of all five members present and voting “Aye,” authorized petitions for review to the Supreme Court of California from |

| |the decision of the Court of Appeal for the Fourth Appellate District in those respective cases. |

| |

| |

|20. |SUBJECT: |OFF DOCKET ITEM 1: |

| | |ADMINISTRATIVE ITEM: APPOINTMENT TO EMERGENCY MEDICAL CARE COMMITTEE (DISTRICT: ALL) |

| |OVERVIEW: |

| |This appointment is in accordance with applicable Board Policy A–74, Citizen Participation in County Boards, Commissions and Committees. |

| |RECOMMENDATION: |

| |SUPERVISOR COX: |

| |Appoint Katy Green to the Emergency Medical Care Committee to replace the unexpired term of Stephanie Baker. Term of office to expire |

| |10/19/09. |

|20.1 |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Slater-Price, the Board of Supervisors found that the need to take action arose |

| |subsequent to the Agenda being posted; adopted appropriate Findings and placed the item on the agenda. |

| | |

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

|20.2 |ACTION: |

| |ON MOTION of Supervisor Cox, seconded by Supervisor Slater-Price, the Board of Supervisors took action as recommended. |

| | |

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

| |

| |

|21. |SUBJECT: |PUBLIC COMMUNICATION |

| |OVERVIEW: |

| |Leon Campbell spoke before the Board regarding possible airport site. |

| | |

| |Duane Cox spoke before the Board regarding TPM approval. |

| |ACTION: |

| |Heard, referred to the Chief Administrative Officer |

There being no further business, the Board adjourned at 9:45 in memory of Ralph Burdell Sipes and Paul Davy.

THOMAS J. PASTUSZKA

Clerk of the Board of Supervisors

County of San Diego, State of California

Consent: Francia

Discussion: Andoh

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.

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