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, MAY 11, 2005, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

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

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

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

ACTION:

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

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

Public Communication: [No Speakers]

Board of Supervisors’ Agenda Items

|1. |NOTICED PUBLIC HEARING: |

| |GENERAL PLAN 2020: NON-RESIDENTIAL LAND USES AND SPECIAL STUDY AREA UPDATE |

|2. |AMENDMENTS TO AGREEMENTS WITH CONSULTANT FIRMS TO PERFORM ENGINEERING SUPPORT SERVICES FOR THREE BRIDGES |

| |(CARRYOVER FROM 4/20/05, AGENDA NO. 3) |

| |(4 VOTES) |

|3. |ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF SWEETWATER SPRINGS BOULEVARD SIDEWALKS IN SPRING VALLEY |

| |(CARRYOVER FROM 4/20/05, AGENDA NO. 5) |

| |(4 VOTES) |

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

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

|6. |ACCEPTANCE OF DONATION FOR WILDERNESS GARDENS OPEN SPACE PRESERVE |

|7. |AMENDMENT TO THE REVENUE AGREEMENT WITH THE STATE OF CALIFORNIA FOR ENFORCEMENT OF THE STATE RADIATION CONTROL LAW |

| |[FUNDING SOURCE(S): REVENUE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF HEALTH SERVICES AND STATE HEALTH REALIGNMENT VEHICLE |

| |LICENSE FEE REVENUE] |

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

|9. |SET HEARING FOR 7/13/05 |

| |VACATION OF OSAGE DRIVE BETWEEN CANTON DRIVE AND CAMERON DRIVE (VAC 04-004), SPRING VALLEY COMMUNITY PLANNING GROUP |

|10. |TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS |

|11. |AUTHORIZE SOLICITATION AND AWARD OF A CONTRACT FOR STORMWATER POLLUTION PREVENTION RELATED SERVICES AT COUNTY INACTIVE LANDFILLS |

| |[FUNDING SOURCE(S): ENVIRONMENTAL TRUST FUND AND HILLSBOROUGH LANDFILL MAINTENANCE FUND] |

|12. |JOINT EXERCISE OF POWERS AGREEMENT WITH THE SAN DIEGO COUNTY WATER AUTHORITY FOR HERBICIDE APPLICATIONS FOR THE ESCONDIDO CREEK |

| |ENHANCEMENT PROJECT |

| |[FUNDING SOURCE(S): COUNTY WATER AUTHORITY] |

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

| |(4 VOTES) |

|14. |AMENDMENTS TO SUBDIVISION ORDINANCE REGARDING SAN DIEGO COUNTY STANDARDS |

|15. |AUTHORIZE AGREEMENT WITH THE SAN DIEGO COUNTY WATER AUTHORITY AND THE CITY OF SAN DIEGO TO DEVELOP AN INTEGRATED REGIONAL WATER |

| |MANAGEMENT PLAN |

| |[FUNDING SOURCE(S): ENVIRONMENTAL TRUST FUND] |

|16. |EMERGENCY REMEDIATION OF STORMWATER DAMAGED DRAINAGE CONVEYANCE SYSTEMS |

| |(4 VOTES) |

|17. |APPROVAL OF JOINT SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS FOR COUNTY OF SAN DIEGO TENTATIVE PARCEL MAP NO. 20701, |

| |LOCATED IN OTAY SUBREGIONAL PLAN AREA |

|18. |ADMINISTRATIVE ITEM: |

| |SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: |

| |AMENDMENTS TO THE COUNTY OF SAN DIEGO LIGHT POLLUTION CODE, POD 04-062 |

|19. |CLOSED SESSION |

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

| | |GENERAL PLAN 2020: NON-RESIDENTIAL LAND USES AND SPECIAL STUDY AREA UPDATE (DISTRICT: ALL) |

| |OVERVIEW: |

| |General Plan 2020 is a comprehensive update of the San Diego County General Plan, establishing future growth and development patterns for|

| |the unincorporated areas of the County. The purpose of this hearing is to review proposed General Plan revisions regarding |

| |non-residential land uses, particularly commercial and industrial uses, and the special study areas identified on the residential land |

| |use distribution maps. |

| |Approval of revisions to non-residential land uses and special study areas will complete the land use distribution maps and allow for |

| |work to proceed on additional phases of the project, including updating the regional road network (Circulation Element) and other |

| |regional elements (Land Use, Housing, Conservation, Open Space, Safety, Noise, and Public Facilities), as well as the |

| |Community/Subregional plans and the Draft Environmental Impact Report. All products submitted for review during this hearing are subject |

| |to further refinements and to future review by the Board of Supervisors as part of a complete package of General Plan 2020 products. |

| |FISCAL IMPACT: |

| |N/A |

| |BUSINESS IMPACT STATEMENT: |

| |Updating the non-residential land uses in the General Plan should assist the business community by ensuring that sufficient and |

| |appropriately located land is available for commercial, office, and industrial land uses, based on projected community demand and |

| |economic development goals. |

| |RECOMMENDATION: |

| |PLANNING COMMISSION |

| |Endorse the following products: |

| |Commercial-Industrial Planning Criteria |

| |Revised Land Use Framework |

| |Planning Commission Recommendations on Land Use Map Revisions |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Accept the February 2005 revisions to the Land Use Framework regarding non-residential land uses. |

| |Accept the proposed Planning Criteria as the basis for commercial and industrial land use decisions. |

| |Accept the Baseline May 2005 map, which reflects revisions made as a result of the Commercial-Industrial update process and revisions to |

| |the special study areas, for the preparation of the General Plan 2020 Environmental Impact Report. |

| |Direct staff to continue its work resolving the two outstanding special study areas (Ramona Town Center and Fallbrook Campus Park). |

| |Direct staff to incorporate non-residential land use map revisions from the Baseline May 2005 into Board Alternative Map. |

| |ACTION: |

| |ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board of Supervisors continued the Hearing to May 18, 2005 at 9:00 a.m.|

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

| |

| |

|2. |SUBJECT: |AMENDMENTS TO AGREEMENTS WITH CONSULTANT FIRMS TO PERFORM ENGINEERING SUPPORT SERVICES FOR THREE BRIDGES |

| | |(DISTRICTS: 2, 5) |

| | |(CARRYOVER FROM 4/20/05, AGENDA NO. 3) |

| |OVERVIEW: |

| |On April 20, 2005 (3) the Board of Supervisors continued this item to May 11, 2005. |

| |This letter pertains to three Department of Public Works bridge projects currently in design phase. Viejas Boulevard Bridge in Descanso |

| |over Sweetwater River (Thomas Guide 1236-A2), Valley Center Road Bridge in Valley Center over San Luis Rey River (Thomas Guide 1071-E4), |

| |and Lawson Valley Road Bridge over Lawson Creek, four miles east of Skyline Truck Trail in Jamul (Thomas Guide 1274-A3), are to be |

| |replaced as part of the San Diego County Element of the Regional Transportation Improvement Program. Design of bridge replacement |

| |projects requires the expertise of firms having extensive experience with bridge design. Engineering consultant firms for these projects |

| |were procured through the qualification based selection process of Board Policy F-40, Procuring Architectural, Engineering and Related |

| |Professional Services. |

| |Extensive environmental considerations for these bridge projects, and additional need for water quality studies, visual impact studies |

| |and wildlife crossings requested by environmental regulatory agencies, necessitate additional engineering design services. These services|

| |are to support the environmental processes and documentation required for these projects and enable completion of plans for construction.|

| |On March 29, 2000 (5), the Board approved an agreement with Lim & Nascimento Engineering Corporation to provide design services for |

| |replacement of Valley Center Road Bridge for an amount not to exceed $300,000. On September 12, 2001 (35), the Board approved the first |

| |amendment to the agreement adding $100,000 for additional design services for total compensation not to exceed $400,000. The second |

| |amendment, extending the term of contract, was administratively executed. |

| |On May 10, 2000 (8), the Board approved an agreement with T.Y. Lin International to provide design services for replacement of Viejas |

| |Boulevard Bridge over Sweetwater River for an amount not to exceed $250,000. The first amendment, extending the term of the contract, was|

| |administratively executed. |

| |On June 19, 2002 (15), the Board approved an agreement with T.Y. Lin International for design services for replacement of Lawson Road |

| |Bridge over Lawson Creek for an amount not to exceed $150,000. |

| |This is a request to approve three amendments to agreements of $100,000 each, two with T.Y. Lin International for Viejas Boulevard Bridge|

| |and Lawson Valley Road Bridge, and one with Lim & Nascimento Engineering Corporation for Valley Center Road Bridge. |

| |FISCAL IMPACT: |

| |Valley Center Road Bridge, Viejas Boulevard Bridge, and Lawson Valley Road Bridge replacement projects are included in the Department of |

| |Public Works Fiscal Year 2004-05 Detailed Work Program. This request will add appropriations based on unanticipated revenue from Federal |

| |Highway Bridge Replacement and Rehabilitation Funds ($240,000), and fund balance available in the Road Fund ($60,000). If approved, this |

| |request will result in current year cost of $300,000, no annual cost, and will require no additional staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the proposed action is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15060(c)(3) of |

| |the State CEQA Guidelines because it is not a project as defined by Section 15378. |

| |Find that the proposed independent contractors can provide the services more economically and efficiently than by persons employed in the|

| |Classified Service. |

| |Establish appropriations of $300,000 in the Department of Public Works Detailed Work Program for Design Consultants based on fund balance|

| |available in the Road Fund ($60,000) and unanticipated revenue from Federal Highway Bridge Replacement and Rehabilitation Funds |

| |($240,000). (4 VOTES) |

| |Approve and Authorize the Clerk of the Board to execute originals (upon receipt) of the following amendments to consultant agreements: |

| |Third Amendment to Agreement with Lim and Nascimento Engineering Corporation for design of Valley Center Road Bridge over San Luis Rey |

| |River, for additional compensation not to exceed $100,000, with total compensation under terms of agreement not to exceed $500,000, with |

| |a term to end June 30, 2008, or when consultant services are no longer required, whichever comes first. |

| |Second Amendment to Agreement with T.Y. Lin International for design of Viejas Boulevard Bridge over Sweetwater River, for additional |

| |compensation not to exceed $100,000, with total compensation under terms of agreement not to exceed $350,000, with a term to end June 30,|

| |2008, or when consultant services are no longer required, whichever comes first. |

| |First Amendment to Agreement with T. Y. Lin International for design of Lawson Valley Road Bridge over Lawson Creek, for additional |

| |compensation not to exceed $100,000, with a total compensation under terms of agreement not to exceed $250,000, with a term to end June |

| |30, 2008, or when consultant services are no longer required, whichever comes first. |

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

| |ACTION: |

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

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

| |

| |

|3. |SUBJECT: |ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF SWEETWATER SPRINGS BOULEVARD SIDEWALKS IN SPRING VALLEY |

| | |(DISTRICT: 2) |

| | |(CARRYOVER FROM 4/20/05, AGENDA NO. 5) |

| |OVERVIEW: |

| |On April 20, 2005 (5), the Board of Supervisors took action as recommended on Recommendations 1, 5, and 6 and continued Recommendations |

| |2, 3, and 4 to May 11, 2005. |

| |This project involves the construction of sidewalks and installation of street lighting along portions of Sweetwater Springs Boulevard in|

| |Spring Valley (Thomas Guide 1271-E5 to E7). At present, the segment of Sweetwater Springs Boulevard from Monte Vista High School north to|

| |State Route 94 has intermittent sidewalk and street lighting on both sides of the road. Completion of this project will provide |

| |continuous lighted sidewalk on both sides of the road for local students and residents, thereby improving pedestrian access and safety. |

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

| |construct Sweetwater Springs Boulevard Sidewalks in Spring Valley. Upon Board approval, Department of Purchasing and Contracting will |

| |advertise and subsequently award a contract for construction. Project construction is scheduled to commence in June 2005 and to be |

| |complete by December 2005. |

| |FISCAL IMPACT: |

| |This project is included in the Department of Public Works Detailed Work Program for Fiscal Year 2004-05. Construction was originally |

| |planned for Fiscal Year 2005-06. However, the design process was accelerated so construction could begin this summer when school is not |

| |in session. This request will establish appropriations based on unanticipated revenue from State Safe Routes to School grant funds |

| |($339,570) and TransNet Exchange funds ($94,430), and fund balance available in the Road Fund ($204,000). If approved, this request will|

| |result in $638,000 current year cost, no annual cost, and will require no additional staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Establish appropriations of $339,570 in the Department of Public Works Detailed Work Program for Sweetwater Springs Boulevard Sidewalks |

| |project, based on unanticipated revenue from Safe Route to School funds (4 VOTES) |

| |Establish appropriations of $204,000 in the Department of Public Works Detailed Work Program for Sweetwater Springs Boulevard Sidewalks |

| |project, based on Fund Balance available in the Road Fund. (4 VOTES) |

| |Establish appropriations of $94,430 in the Department of Public Works Detailed Work Program for Sweetwater Springs Boulevard Sidewalks |

| |project, based on unanticipated revenue from TransNet Exchange funds. (4 VOTES) |

| |ACTION: |

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

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

| |

| |

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

| | |(DISTRICT: ALL) |

| |OVERVIEW: |

| |The County Board of Supervisors adopted the County of San Diego Multiple Species Conservation Program Subarea Plan on October 22, 1997 |

| |(1). The associated Implementing Agreement entered into among the U.S. Fish and Wildlife Service, California Department of Fish and |

| |Game, and the County, became effective on March 17, 1998. The Implementing Agreement includes a requirement that the County prepare an |

| |annual accounting for 1) all habitat gained through acquisitions or dedications of open space made through the land development process; |

| |and 2) all habitat lost as a result of discretionary land use and certain ministerial actions. |

| |This 2004 Annual Report summarizes habitat gains and losses within the three Subarea Plan segments (Lake Hodges, South County, and |

| |Metro-Lakeside-Jamul) for the period of January 1, 2004 through December 31, 2004. This report also includes a discussion of management |

| |and monitoring programs and funding sources that are utilized by the County to meet its obligations under the Implementing Agreement. |

| |During the 2004 accounting period, a total of 5,384.2 acres were gained and 757.8 acres were lost within the County Multiple Species |

| |Conservation Program Subarea. Of the 5,384.2 acres gained, 2,825.4 acres count towards the County’s Multiple Species Conservation |

| |Program conservation goal of 98,379 acres. The remaining 2,558.8 acres of habitat were acquired in areas outside of the County’s |

| |pre-approved mitigation/preserve areas and therefore do not presently count towards the County’s Multiple Species Conservation Program |

| |conservation goals. |

| |The Board is requested to receive the 2004 Annual Report. |

| |FISCAL IMPACT: |

| |N/A |

| |BUSINESS IMPACT STATEMENT: |

| |Adoption of the Multiple Species Conservation Program allows for a large connected preserve area for sensitive, threatened, and |

| |endangered species as well as a streamlined permitting process for local landowners. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the approval of the 2004 Annual Report is exempt from the California Environmental Quality Act (CEQA) because it is not a |

| |project as defined in Section 15378 of the CEQA Guidelines. |

| |Receive the 2004 Annual Report. |

| |ACTION: |

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

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

| |

| |

|5. |SUBJECT: |NEW COOPERATIVE AGREEMENT WITH SAN PASQUAL BAND OF MISSION INDIANS FOR ROAD IMPROVEMENTS ASSOCIATED WITH VALLEY |

| | |VIEW CASINO (DISTRICT: 5) |

| |OVERVIEW: |

| |On September 10, 1999, the San Pasqual Band of Mission Indians signed a tribal-state gaming compact with the State of California. San |

| |Pasqual Band opened their temporary Valley View Casino on April 18, 2001, and planned to construct a permanent Class III casino at a |

| |separate location close to the Escondido end of South Lake Wohlford Road on its tribal lands. On June 19, 2001 (1), the Board approved a|

| |Cooperative Agreement (Agreement) with San Pasqual Band for mitigation of traffic impacts. Subsequent to the 2001 Agreement, the Band |

| |changed its casino plans and now considers the temporary Valley View Casino to be its permanent casino. The Band plans to expand the |

| |casino by 56,360 square feet, including 31,640 square feet of additional gaming space, which results in a smaller permanent casino at a |

| |different location than was the basis of the 2001 Agreement. |

| |Because of the change in casino plans, impacts to roads in the unincorporated area have significantly changed, making a new Agreement |

| |necessary. This is a request to approve a new Cooperative Agreement with San Pasqual Band, to replace the 2001 Agreement, wherein the |

| |Band agrees to contribute $5,995,000 towards Valley Center Road Phase II improvements, which are currently part of the County Public |

| |Works Capital Improvement Program. |

| |FISCAL IMPACT: |

| |Funding source for improvements discussed in this request will be San Pasqual Band of Mission Indian contributions of $5,995,000. |

| |Appropriations from these funds will be requested to be established when the project is brought to the Board for approval in FY 2004-05. |

| |No subsequent year costs are anticipated, and no additional staff years will be required. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find the following action is not subject to California Environmental Quality Act (CEQA) review under Section 15601(b)(1) of CEQA |

| |Guidelines because it is not a project as defined in Section 15378. |

| |Approve and authorize the Clerk of the Board of Supervisors to execute four copies upon receipt of a Cooperative Agreement between the |

| |County of San Diego and San Pasqual Band of Mission Indians for Road Improvements Associated with Casino Development. |

| |Authorize the Director, Department of Public Works, to receive, file and execute any documents necessary to administer this Agreement. |

| |ACTION: |

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

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

| |

| |

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

| |OVERVIEW: |

| |Administrative Code section 66 and Board Policy A-112, Acceptance of Gifts and Donations, permits the acceptance of gifts over $5,000 by |

| |the administrative head of each Department in the County, subject to ratification by the Board of Supervisors. This is a request to |

| |authorize the Department of Parks and Recreation to accept a new solar powered iron entrance gate offered by the Friends of Wilderness |

| |Gardens Preserve, valued at $15,484, and to authorize the Chair of the Board of Supervisors to sign a letter of appreciation to the |

| |Friends of Wilderness Gardens Preserve for the donated gate. The new entrance gate will provide increased security for the preserve |

| |during closed hours. |

| |FISCAL IMPACT: |

| |There is no fiscal impact resulting from the request to accept the donated entrance gate. If approved, the Friends of Wilderness Gardens|

| |will work directly with a vendor for purchase and installation of the gate. Any maintenance costs to operate the gate will be provided |

| |by existing appropriations budgeted annually in the Department of Parks and Recreation. There are no additional staff years required as |

| |a result of this action. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find in accordance with section 15301 of the California Environmental Quality Act (CEQA) Guidelines that the installation of a solar |

| |powered iron entrance gate at Wilderness Gardens Preserve is exempt from CEQA. |

| | |

| |Authorize the Department of Parks and Recreation to accept a new solar powered iron entrance gate offered by the Friends of Wilderness |

| |Gardens Preserve, valued at $15,484, for Wilderness Gardens Preserve. |

| |Authorize the Chair of the Board of Supervisors to sign a letter of appreciation to the Friends of Wilderness Gardens Preserve for the |

| |donated solar powered iron entrance gate. |

| |ACTION: |

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

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

| |

| |

|7. |SUBJECT: |AMENDMENT TO THE REVENUE AGREEMENT WITH THE STATE OF CALIFORNIA FOR ENFORCEMENT OF THE STATE RADIATION CONTROL|

| | |LAW (DISTRICT: ALL) |

| |OVERVIEW: |

| |In accordance with Section 114990 of the California Health and Safety Code, the State is authorized to enter into agreements with |

| |contractors to conduct technical evaluations of license applications and to conduct inspections of facilities that use radioactive |

| |material or radiation-producing machines. Since 1986, the California Department of Health Services has contracted with the Department of|

| |Environmental Health to enforce the State Radiation Control Law in San Diego County. The local enforcement activities of the Department |

| |of Environmental Health’s Radiation Control program protect the citizens and environment of San Diego County from the effects of |

| |radiation and ensure that all State and Federal regulations are met. |

| |The Department of Environmental Health requests approval to renew the existing revenue agreement with the California Department of Health|

| |Services in the amount of $602,644 for Fiscal Year 2005-06 to enforce the Radiation Control Law in San Diego County. This agreement, |

| |which has received annual Board approval since 1986, ensures that radioactive materials and x-ray machines are in compliance with license|

| |conditions and applicable federal and state regulations. |

| |FISCAL IMPACT: |

| |Funds for this request are included in the proposed Fiscal Year 2005-06 Operational Plan for the Department of Environmental Health in |

| |the amount of $647,767. The funding sources are the revenue agreement with the California Department of Health Services Radiological |

| |Health Branch in the amount of $602,644, and State Health Realignment Vehicle License Fee revenue in the amount of $45,123. As a result |

| |of budget constraints at the State level, the maximum allowable reimbursement for Fiscal Year 2005-06 from the State has been limited to |

| |$602,644. This is not a full cost recovery agreement. The projected total program cost is $678,304. Estimated direct costs of $45,123 |

| |and indirect external overhead costs of $30,537 will not be offset in Fiscal Year 2005-06 by agreement revenue. The direct cost of |

| |$45,123, which is over the agreement revenue amount, will be funded from State Health Realignment Vehicle License Fee revenue budgeted in|

| |the Department of Environmental Health. This request will require no additional staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find in accordance with Section 15308 of the State of California Environmental Quality Act Guidelines that this action is exempt from |

| |California Environmental Quality Act as it is an action taken by a regulatory agency to assure the protection of the environment. |

| |Approve and authorize the Director of Environmental Health to execute an amendment to the revenue agreement with the California |

| |Department of Health Services, Radiological Health Branch, to enforce the Radiation Control Law in San Diego County, in an amount not to |

| |exceed $602,644 for the period July 1, 2005 through June 30, 2006. |

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

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

| |Waive Board Policy B-29: Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, with respect to full cost |

| |recovery for the implementation of this contract. |

| |ACTION: |

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

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

| |

| |

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

| | |ALL) |

| |OVERVIEW: |

| |The Department of Planning and Land Use has been working with the Department of Agriculture, Weights, and Measures, County Farm and Home |

| |Advisor, and the San Diego County Farm Bureau to create a policy to support and encourage farming in the unincorporated areas of the |

| |County. The purpose of the Policy is to acknowledge the Board of Supervisors commitment to supporting and encouraging farming in San |

| |Diego County through the establishment of partnerships with landowners and other stakeholders to identify, secure, and implement |

| |incentives that support the continuation of farming as a major industry in San Diego. |

| |This is a request to approve and adopt the proposed Board of Supervisor’s Policy entitled, “Support and Encouragement of Farming in San |

| |Diego County.” |

| |FISCAL IMPACT: |

| |There is no fiscal impact associated with this request. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Approve and Adopt a Board of Supervisor’s Policy entitled “Support and Encouragement of Farming in San Diego.” |

| |ACTION: |

| |ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent, adopting |

| |Board Policy No. I-133 entitled: SUPPORT AND ENCOURAGEMENT OF FARMING IN SAN DIEGO COUNTY. |

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

| |

| |

|9. |SUBJECT: |SET HEARING FOR 7/13/05 |

| | |VACATION OF OSAGE DRIVE BETWEEN CANTON DRIVE AND CAMERON DRIVE (VAC 04-004), SPRING VALLEY COMMUNITY PLANNING |

| | |GROUP (DISTRICT: 2) |

| |OVERVIEW: |

| |This is a request to set a date for a public hearing to vacate Osage Drive between Canton Drive and Cameron Drive in the Spring Valley |

| |Community (Thomas Guide page 1290, H-1). This street has not been built and, therefore, does not provide access between Canton Drive and|

| |Cameron Drive. |

| |All properties adjacent to Osage Drive have access to public roadways. Vacating Osage Drive will not land-lock any affected parcels. |

| |The area proposed for vacation is no longer needed for current or prospective public use. It is in the public interest to vacate unneeded|

| |easement rights that can prevent the beneficial use of real estate and expose the County to potential liability as a property owner. |

| |At the hearing on July 13, 2005, the Board will be requested to Adopt a Resolution to Vacate Osage Drive between Canton Drive and Cameron|

| |Drive. |

| |FISCAL IMPACT: |

| |There will be no fiscal impact as a result of recommended actions. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Direct the Clerk of the Board of Supervisors to: |

| |Set a public hearing for July 13, 2005, at 9:00 A.M. to consider vacating Osage Drive between Canton Drive and Cameron Drive located in |

| |Spring Valley; and |

| |Provide notice of hearing on proposed vacation in the manner required by the Public Streets, Highways, and Service Easements Vacation |

| |Law, California Streets and Highways Code Sections 8300-8363. |

| |At the Hearing July 13, 2005: |

| |Adopt a Resolution entitled Resolution to Vacate Osage Drive Between Canton Drive and Cameron Drive. |

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

| |ACTION: |

| |ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent, setting |

| |hearing for July 13, 2005 at 9:00. |

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

| |

| |

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

| |OVERVIEW: |

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

| |items were on the Committee's March 11, 2005, meeting agenda. The Committee recommends your action on four items, as three items were |

| |continued prior to the meeting. Item 2-B was continued at the request of the Valle De Oro Community Planning Group, Item 5-B was |

| |continued at the request of the Valley Center Community Planning Group and Item 5-C was continued at the request of the Fallbrook |

| |Community Planning Group. All four remaining items are recommended for action. |

| |FISCAL IMPACT: |

| |Funds for this proposal are budgeted in the Department of Public Works Road Fund. |

| |RECOMMENDATION: |

| |TRAFFIC ADVISORY COMMITTEE |

| |Consider and file report including the following recommendations: |

| |District 2 |

| |2-A. Willow Road between SR-67 and Wildcat Canyon Road/Ashwood Street, LAKESIDE-Reduce the existing 45 MPH speed limit to 35 MPH. Direct |

| |the proposed 35 MPH speed limit posting be certified for radar enforcement. |

| |2-B. This item was continued prior to the meeting at the request of the Valle de Oro Community Planning Group. |

| |District 5 |

| |5-A1. Royal Crest Drive, both sides, from Brookhurst Lane southerly to Bear Valley Parkway (1,000 feet), ESCONDIDO-Continue dialogue and |

| |a cooperative approach, involving the City of Escondido, Escondido Elementary School District and County of San Diego, to identify |

| |workable and amenable solutions that would address and resolve existing conditions during school arrival and dismissal times. |

| |5-A2. Auralie Drive, both sides, from Brookhurst Lane southerly to End (300 feet), ESCONDIDO-Do not establish a parking prohibition. |

| |5-B. This item was continued prior to the meeting at the request of the Valley Center Community Planning Group. |

| |5-C. This item was continued prior to the meeting at the request of the Fallbrook Community Planning Group. |

| |5-D1. Harmony Grove Road, south side, along the frontage of the Elfin Forest Recreational Reserve, HARMONY GROVE-Establish a parking |

| |prohibition (length to be determined by Department of Works staff) based on Section 72.115 of the San Diego County Code relating to |

| |Traffic Regulations in the County of San Diego. Necessary to maximize visibility for motorists entering Harmony Grove Road from the |

| |Reserve parking lot. |

| |CHIEF ADMINISTRATIVE OFFICER |

| |1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15301 of the |

| |State CEQA Guidelines. |

| |2. Concur with Traffic Advisory Committee's recommendations. |

| |Approve the introduction, read title and waive further reading (first reading) of the following Ordinance (Item 2-A). |

| |AN ORDINANCE AMENDING SECTION 72.169.6.1. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO |

| |Submit for further Board consideration and adoption (second reading), on May 18, 2005. |

| |ACTION: |

| |ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent, submitting |

| |Ordinance for further consideration and adoption on May 18, 2005. |

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

| |

| |

|11. |SUBJECT: |AUTHORIZE SOLICITATION AND AWARD OF A CONTRACT FOR STORMWATER POLLUTION PREVENTION RELATED SERVICES AT COUNTY |

| | |INACTIVE LANDFILLS |

| | |(DISTRICT: ALL) |

| |OVERVIEW: |

| |The County is required by Federal, State, and local regulatory agencies to conduct stormwater pollution prevention programs at the |

| |County’s inactive landfills and a number of burnsites. The County uses a contractor to provide routine stormwater pollution prevention |

| |monitoring and reporting services, perform non-routine services, as needed such as equipment replacement and repair, and complete special|

| |projects as required by the County or the regulatory agencies including site evaluations, installation of various erosion control Best |

| |Management Practices, and designing stormwater runoff control improvements. The current contract for these services will terminate on |

| |November 30, 2005. |

| | |

| |This is a request to issue a Competitive Solicitation and subsequently negotiate and award a professional services contract to allow for |

| |a continuance of the solid waste site stormwater pollution prevention and related programs. This contract will be for a period of two |

| |years with two 2-year options and up to an additional six months if needed with an annual compensation not to exceed $750,000. |

| |FISCAL IMPACT: |

| |Funds for this proposal will be budgeted in the proposed Fiscal Year 2005-06 Solid Waste Management Budget. The funding sources are the |

| |Environmental Trust Fund and Hillsborough Landfill Maintenance Fund. If approved, this request will result in no current year cost, a |

| |budgeted annual cost of $750,000 and will require no additional staff years. This request will have no impact on the County General |

| |Fund. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the proposed activity is exempt from the California Environmental Quality Act (CEQA) as specified under CEQA Guidelines Section|

| |15060 (c)(3) because it is an administrative action and not a project as defined in Section 15378 of the State CEQA Guidelines. |

| |In accordance with Section 401, et seq. of the County Administrative Code, authorize the Director, Department of Purchasing and |

| |Contracting to issue a competitive solicitation for stormwater pollution programs and related services, and upon successful negotiations |

| |and determination of a fair and reasonable price, award a contract for a term of two years with two 2-year options and up to an |

| |additional six months if needed, and to amend the contract as needed to reflect changes in the funding and regulatory requirements. |

| |Award to be subject to approval of the Director of the Department of Public Works. |

| |Designate the Director, Department of Public works, as the County Officer responsible for administering the contract. |

| |ACTION: |

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

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

| |

| |

|12. |SUBJECT: |JOINT EXERCISE OF POWERS AGREEMENT WITH THE SAN DIEGO COUNTY WATER AUTHORITY FOR HERBICIDE APPLICATIONS FOR THE |

| | |ESCONDIDO CREEK ENHANCEMENT PROJECT (DISTRICT: 5) |

| |OVERVIEW: |

| |The Integrated Pest Control Program of the Department of Agriculture, Weights and Measures has for years been successfully carrying out |

| |detection, mapping, and elimination of non-native invasive plants in habitat restoration or enhancement projects throughout the county. |

| |Over time, this program has become recognized as the County’s leading resource in non-native invasive plants. |

| |Recognizing the experience and expertise of this program, the San Diego County Water Authority has requested the County (through the |

| |Department of Agriculture, Weights and Measures) to enter into a Joint Exercise of Powers Agreement for the purpose of eliminating |

| |selected non-native invasive vegetation and trees through application of herbicides as a part of the Water Authority’s Escondido Creek |

| |Enhancement Project. The Joint Exercise of Powers Agreement would have a five-year term, ending October 31, 2009. In requesting the |

| |County’s participation in a Joint Exercise of Powers Agreement, the Water Authority cited the need for simultaneous participation and |

| |coordination of multiple agencies mutually interested in habitat restoration for the successful and timely completion of the overall |

| |project. |

| |To prevent unnecessary delays or additional expenses to the San Diego County Water Authority and recognizing the full cost recovery |

| |commitment of this proposal, the Department of Agriculture, Weights and Measures complied with a request from the Water Authority to |

| |initiate work on this project prior to execution of the agreement. Early initiation of a limited amount of work by the Department of |

| |Agriculture, Weights and Measures was necessary to coordinate with and not negate control activities of other involved agencies that had |

| |to be performed during a short window of opportunity in the nesting bird and plant growth cycles. Failure to complete this work in a |

| |timely manner would have negatively impacted endangered nesting birds and imposed additional delays or expenses, ultimately jeopardizing |

| |the scheduled completion of the habitat restoration project. |

| |Accordingly, the Department of Agriculture, Weights and Measures seeks ratification of this agreement from the Board of Supervisors to |

| |allow it to be fully reimbursed by the San Diego County Water Authority in a sum not to exceed $250,000 a five-year period in the |

| |performance of chemical control of non-native invasive vegetation and trees in an environmentally sensitive area of the Escondido Creek |

| |Enhancement Project. |

| |FISCAL IMPACT: |

| |Appropriations for the work associated with this request are available in the Department of Agriculture, Weights and Measures current |

| |budget. The funding source is a full-cost recovery reimbursement commitment from the San Diego County Water Authority in amounts not to |

| |exceed $250,000 during the five-year term of this agreement. Reimbursement in the current year will be received as unanticipated |

| |revenue. Reimbursement revenues from this agreement will be appropriated in the Department of Agriculture, Weights and Measures two |

| |subsequent fiscal year budgets as follows: $90,000 in Fiscal Year 2005-06, and $55,000 in Fiscal Year 2006-07 with any unspent revenues |

| |to be reappropriated to the remaining two years of the agreement, if needed. There will be no cost to the County or additional staff |

| |years associated with this request. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15304 and 15308 of the|

| |State CEQA Guidelines. |

| |Waive Board Policy A-91, Mid-Year Budget Changes, to allow for the appropriation of unanticipated revenue funding in the Department of |

| |Agriculture, Weights and Measures’ current year budget. |

| |Waive Board Policy B-29, Fees, Grants and Revenue Contracts, because the Department of Agriculture, Weights and Measures began work on |

| |the project before the Board approved the agreement. |

| |Ratify and authorize the Director of Agriculture, Weights and Measures to execute the Joint Exercise of Powers Agreement (and any |

| |modifications, extensions or alterations which do not significantly increase costs to the County) for $250,000 with the San Diego County |

| |Water Authority for herbicide treatment of vegetation in easements along Escondido Creek over a five-year period, beginning November 1, |

| |2004. |

| |ACTION: |

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

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

| |

| |

|13. |SUBJECT: |COOPERATIVE AGREEMENT WITH CALTRANS AND SANDAG FOR COUNTY ACCEPTANCE OF RIGHT OF WAY SEGMENTS ADJACENT TO STATE |

| | |ROUTE 125 |

| | |(DISTRICT: 2) |

| |OVERVIEW: |

| |The State of California Department of Transportation (Caltrans) has completed construction of State Route 125 between State Route 94 and |

| |State Route 54, and is ready to relinquish excess right of way parcels to the County (Thomas Guide 1270 J7 through 1291 A1-4). Pursuant |

| |to Streets and Highways Code sections 73 and 130, the County, Caltrans and San Diego Association of Governments (SANDAG), are authorized |

| |to enter into a cooperative agreement for relinquishment of portions of Caltrans right of way within San Diego County, to the County. |

| |Caltrans, County, and SANDAG staff have negotiated an agreement for County to accept relinquishment of excess Caltrans right of way |

| |adjoining State Route 125. The County will receive a lump sum payment of $762,618 from SANDAG, on behalf of Caltrans. These funds will |

| |be used for future improvements and betterments in landscaping and soil stabilization on the berms, as well as repairs to roads affected |

| |by the SR 125 construction. |

| |This is a request to approve the proposed Freeway and Cooperative Agreement with Caltrans for the State Route 125/54 Freeway Project |

| |between 0.7 mile west of Worthington Street and State Route 94. The payment will be addressed in the budget process for Fiscal Year |

| |2005-06. |

| |FISCAL IMPACT: |

| |There will be no impact to the current year budget. This action will provide unanticipated subsequent year Road Fund revenue increase of |

| |$762,618. These funds will be used over a course of years to offset the anticipated cost of ongoing road maintenance for the |

| |relinquished rights of way. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that no changes in the project or in the circumstances under which it is undertaken involve significant new environmental impacts |

| |which were not considered in the previously certified Environmental Impact Statement/Environmental Impact Report (EIS/EIR), dated |

| |November 18, 1994 and approved by the Federal Highway Administration on February 16, 1995, and that no new information of substantial |

| |importance has become available since the EIS/EIR was prepared. |

| |Approve and authorize the Clerk of the Board to execute, upon receipt, five copies of the Cooperative Agreement with Caltrans for the |

| |State Route 125/54 Freeway Project between 0.7 mile west of Worthington Street and State Route 94. (4 VOTES) |

| |ACTION: |

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

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

| |

| |

|14. |SUBJECT: |AMENDMENTS TO SUBDIVISION ORDINANCE REGARDING SAN DIEGO COUNTY STANDARDS |

| | |(DISTRICT: ALL) |

| |OVERVIEW: |

| |Several minor amendments to County Subdivision Ordinance are proposed. These amendments are related to County Code section 81.102.15. |

| |This section explains the term San Diego County Standards, which is used elsewhere in the Subdivision Ordinance. The proposed amendments |

| |do not make any substantive changes to the Subdivision Ordinance. They merely clarify the description of San Diego County Standards, |

| |delete obsolete information, add prior Board action dates and make subsequent references to San Diego County Standards consistent. |

| |FISCAL IMPACT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section |

| |15061(b)(3). |

| |Approve introduction of the Ordinance, (first reading), read the title, and waive further reading of the Ordinance: |

| |AN ORDINANCE AMENDING SECTIONS 81.102.15, 81.402, 81.403, 81.703, 81.709 OF THE SAN DIEGO COUNTY CODE RELATING TO THE SAN DIEGO COUNTY |

| |STANDARDS |

| |Submit the Ordinance for further Board consideration and adoption (second |

| |reading) on May 18, 2005. |

| |ACTION: |

| |ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent, submitting |

| |Ordinance for further Board consideration and adoption on May 18, 2005. |

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

| |

| |

|15. |SUBJECT: |AUTHORIZE AGREEMENT WITH THE SAN DIEGO COUNTY WATER AUTHORITY AND THE CITY OF SAN DIEGO TO DEVELOP AN INTEGRATED |

| | |REGIONAL WATER MANAGEMENT PLAN (DISTRICT: ALL) |

| |OVERVIEW: |

| |Proposition 50, the Water Security, Clean Water, Coastal and Beach Protection Act of 2002, Chapter 8 allocates $380 million in |

| |competitive grants for projects that protect communities from drought, protect and improve water quality, and improve local water |

| |security by reducing dependence on imported water. The intent of Proposition 50, Chapter 8 is to promote integrated regional water |

| |management. Funding will be distributed over two cycles with a maximum of $50 million available to any one region. Phase I, underway |

| |now, includes a total of $148 million, with funds expected to be released in May 2006. A schedule for Phase II, which will involve the |

| |release of approximately $220 million, has not been announced. |

| |Eligibility for Chapter 8 funds is contingent upon the establishment of an Integrated Regional Water Management group consisting of a |

| |minimum of three regional agencies, two of which must have statutory water rights. The County of San Diego, the City of San Diego, and |

| |the San Diego County Water Authority have initiated steps to form the San Diego Integrated Regional Water Management Group to serve this |

| |function for the San Diego region. The Project Clean Water Watershed Protection Technical Advisory Committee plays a key role in |

| |ensuring meaningful stakeholder involvement in this process. The Technical Advisory Committee provides an ongoing forum for the |

| |discussion and exploration of watershed issues in the region, and will continue to facilitate the establishment of a long-term regional |

| |vision for water management. |

| |Chapter 8 also requires the development of a Memorandum of Understanding between Group members, completion of an Integrated Regional |

| |Water Management Plan by January 1, 2007, and development of a package of proposed projects to implement the Integrated Regional Water |

| |Management Plan. Under the Memorandum of Understanding, the Water Authority is designated as the lead agency for the purposes of |

| |submitting an Integrated Regional Water Management Implementation grant application and administering grant funds. |

| |The Integrated Regional Water Management Group plans to share the costs associated with the implementation grant application and to |

| |retain a consultant to assist in preparing 1) the implementation grant application, 2) an outline for the San Diego Integrated Regional |

| |Water Management Plan, and 3) the final Integrated Regional Water Management Plan document. Costs for this work are not to exceed |

| |$300,000, divided equally among the three agencies. |

| |This request is for authorization to 1) execute the Memorandum of Understanding, 2) pay consultant costs of $100,000, and 3) develop |

| |project lists and manage funding for specified types of projects. |

| |FISCAL IMPACT: |

| |Funds for this proposal will be included in the CAO's Proposed Operational Plan for Fiscal Years 2005-06 and 2006-07 for Inactive Waste |

| |Site Management. The funding source is the Environmental Trust Fund. If approved this request will result in no current year costs, |

| |$50,000 in Fiscal Year 2005-06 costs, $50,000 in Fiscal Year 2006-07 costs, and will require no additional staff years. This enables the |

| |County and other partners to accept up to $50 million in implementation project funding. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the proposed activity is not subject to the California Environmental Quality Act (CEQA) as specified under CEQA Guidelines |

| |Section 15060(c)(3) because it is an administrative action and not a project as defined in section 15378 of the State CEQA Guidelines. |

| |Authorize the Director, Purchasing and Contracting, to execute a Memorandum of Understanding with the City of San Diego and the San Diego|

| |County Water Authority to establish the roles and responsibilities of each agency with respect to the development and adoption and |

| |implementation of a San Diego Integrated Regional Water Management Plan, and application for and administration of grants under Chapter 8|

| |of Proposition 50, the Water Security, Clean Water, Coastal and Beach Protection Act of 2002. |

| |Authorize the Director of the Department of Public Works, or his designee, to conduct all negotiations and to execute and submit all |

| |documents that may be necessary for completion of the County of San Diego project proposals under the Proposition 50, Chapter 8 program. |

| |ACTION: |

| |Noting that the funding source is the Department of Public Works General Fund 2005-2006 budget, ON MOTION of Supervisor Jacob, seconded |

| |by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent. |

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

| |

| |

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

| |OVERVIEW: |

| |On February 2, 2005 (5), the Board ratified five sole-source emergency construction contracts, each in an amount not to exceed $250,000, |

| |to repair flood damage on County roads at various locations and upgrade drainage facilities protecting facilities within areas impacted |

| |by Firestorm 2003. On March 2, 2005 (5), and March 23, 2005 (13), the Board found the need to continue this emergency work to address an |

| |imminent threat to public safety, life, health and property. On March 23, 2005 (13), the Board also increased two of the contracts, each |

| |in an amount not to exceed $500,000. |

| |The contractors have completed repairs at nine County road locations and are working on five additional locations, completion is |

| |estimated to be the end of May. The Natural Resource Conservation Service has approved fund reimbursement for storm related work at 13 |

| |home sites through the Emergency Watershed Protection Program. Work at these home sites will help control floodwater and silt discharges|

| |that could adversely affect County roads and drainage systems. Contractors have completed work on 11 of these projects. |

| |This is a request to continue existing contracts for emergency remediation of storm damaged drainage conveyance systems. |

| |FISCAL IMPACT: |

| |On February 2, 2005 (5), your Board established appropriations of $500,000 in the Department of Public Works Fiscal Year 2004-05 Detailed|

| |Work Program and $750,000 in the San Diego County Flood Control District for this work. On March 23, 2005 (13), your Board authorized an|

| |increase of appropriations for the San Diego County Flood Control District by $500,000 based on fund balance available in that fund. This|

| |will bring all contracts in both Road Fund and Flood Control District to $1,750,000 total current year cost. There will be no annual |

| |cost, and no additional staff years required. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15269 of|

| |the State CEQA Guidelines. |

| |Pursuant to Public Contract Code Section 22050(c), find that there is a need to continue existing contracts for the emergency remediation|

| |of stormwater damaged drainage conveyance systems without giving notice for bids to let a contract, and delegate authority to the |

| |Director of Public Works and the Director of Purchasing and Contracting to take such action. (4 VOTES) |

| |ACTION: |

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

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

| |

|17. |SUBJECT: |APPROVAL OF JOINT SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS FOR COUNTY OF SAN DIEGO TENTATIVE PARCEL |

| | |MAP NO. 20701, LOCATED IN OTAY SUBREGIONAL PLAN AREA (DISTRICT: 1) |

| |OVERVIEW: |

| |This project is a minor subdivision consisting of 4 industrial use parcels, and a total of 39.3 acres. It is located in Otay Mesa, on the|

| |south side of Airway Road, at the southeast intersection of Airway Road and Enrico Fermi Drive (Thomas Guide, Page 1352, B-3, 2005 |

| |Edition). |

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

| |FISCAL IMPACT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Approve and authorize Clerk of the Board to execute Joint Agreement to Improve Minor Subdivision, which includes street and drainage |

| |improvements, water facilities, sewer facilities and setting of final monuments. |

| |ACTION: |

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

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

| |

|18. |SUBJECT: |ADMINISTRATIVE ITEM: |

| | |SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENTS TO THE COUNTY OF SAN DIEGO LIGHT POLLUTION CODE, POD |

| | |04-062 |

| | |(DISTRICT: ALL) |

| |OVERVIEW: |

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

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER: |

| |Adopt Ordinance entitled: |

| |“AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE, MAKING CLARIFICATIONS AND CORRECTIONS TO LIGHTING REGULATIONS” |

| |ACTION: |

| |ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent, adopting |

| |Ordinance No. 9716 (N.S.) entitled: AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE, MAKING CLARIFICATIONS AND CORRECTIONS TO LIGHTING |

| |REGULATIONS. |

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

| |

|19. |SUBJECT: |CLOSED SESSION |

| | |(CARRYOVER FROM 5/10/05, AGENDA NO. 15) |

| |OVERVIEW: |

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

| |Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9: (Number of Cases – 1) |

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

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

| |Rincon San Luiseno Band of Mission Indians, et al. v. Dan McAllister; United States District Court No. 04-cv-1159 H |

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

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

| |Renee Alford, et al. v. County of San Diego, et al.; San Diego County Superior Court No. GIC 841583 |

| |ACTION: |

| |In closed session May 10, 2005, the Board of Supervisors took the following reportable action: |

| |With respect to 19A, by vote of all four Board members present and voting aye, with District 4 absent, authorization was given to |

| |commence an action, the particulars of which will be provided, upon request and subject to the provisions of Government Code 54957.1, |

| |once the action has been formally commence. |

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

THOMAS J. PASTUSZKA

Clerk of the Board of Supervisors

County of San Diego, State of California

Consent: Tosh

Discussion: Hall

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

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