county of san diego board of supervisors · web viewthe current total annual maintenance budget for...

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, SEPTEMBER 19, 2007, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: Meeting was called to order at 9:05 a.m.

PRESENT: Supervisors Ron Roberts, Chairman; Greg Cox, Vice-Chairman; Dianne Jacob;

Pam Slater-Price; and Bill Horn; also Thomas J. Pastuszka, Clerk.

Approval of Statement of Proceedings/Minutes for the Meetings of July 25, 2007 and August 1, 2007.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meetings of July 25, 2007 and

August 1, 2007.

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

Board of Supervisors’ Agenda Items

1.

NOTICED PUBLIC HEARING:

OTAY VALLEY REGIONAL PARK – ACQUISITION OF 11.63 ACRES

(MIDWAY BAPTIST CHURCH)

2.


RAMONA RIDGE ESTATES; TENTATIVE MAP 5008RPL6, RAMONA COMMUNITY PLAN AREA

3.


FORMATION OF UNDERGROUND UTILITY DISTRICT FOR SWEETWATER ROAD PHASE 3 IN BONITA

4.

SET HEARING FOR 12/5/07:

INTENTION TO INITIATE PROPOSITION 218 COMPLIANT BALLOT PROCEEDINGS TO ESTABLISH PROPOSED LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2 – JULIAN (JESS MARTIN PARK)

5.

AN ORDINANCE AMENDING TITLE 4 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES AND AMENDING ARTICLE XXIV OF THE SAN DIEGO COUNTY CODE OF ADMINISTRATIVE ORDINANCES

6.

AMENDMENT TO CONSULTANT CONTRACT FOR DESIGN OF SOUTH SANTA FE AVENUE NORTH IMPROVEMENTS

[FUNDING SOURCE(S): TRANSNET]

(4 VOTES)

7.

SOUTH SANTA FE AVENUE NORTH RECONSTRUCTION PROJECT, ACQUISITION OF RIGHT-OF-WAY PARCEL NUMBERS 1997-0290-A, B, C (PERRY/FLETT); 1997-0301-A, B, C (MARGIOTTA); AND 1997-0303-A (LEWALLEN)

[FUNDING SOURCE(S): SANDAG HIGHWAY TRANSNET, LOCAL TRANSNET, AND STATE ROUTE 78 CORRIDOR FUNDS]

8.

THIRD AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY TO ADD THE CITY OF CHULA VISTA AS PARTICIPATING AGENCY

(RELATES TO SANITATION DISTRICT AGENDA NO. 1)

9.

TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (DISTRICTS: 2 AND 5)

10.

GILLESPIE FIELD – NEW INDUSTRIAL LEASE WITH AIRWAYS BUSINESS PARK OWNERS ASSOCIATION

(4 VOTES)

11.

SOLE SOURCE CONTRACT FOR CONSULTING SERVICES WITH ASPEN ENVIRONMENTAL REGARDING SPECIAL AREA MANAGEMENT PLAN

[FUNDING SOURCE(S): 2006-07 FUND BALANCE]

12.

RATIFICATION OF APPLICATION FOR AND ACCEPTANCE OF COASTAL IMPACT ASSISTANCE PROGRAM GRANT FUNDS

[FUNDING SOURCE(S): COASTAL IMPACT ASSISTANCE PROGRAM ADMINISTERED BY THE FEDERAL MINERALS MANAGEMENT SERVICE AND THE CALIFORNIA RESOURCES AGENCY]

(4 VOTES)

13.

ADMINISTRATIVE ITEM:

APPROVAL OF SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS FOR COUNTY OF SAN DIEGO TENTATIVE PARCEL MAP NO. 20724, LOCATED IN RAMONA COMMUNITY PLANNING AREA

14.


COUNTY OF SAN DIEGO TRACT NO. 5127-1: APPROVAL OF FINAL MAP AND JOINT SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN VALLEY DE ORO COMMUNITY PLAN AREA

15.


COUNTY OF SAN DIEGO TRACT NO. 5368-1: APPROVAL OF FINAL MAP LOCATED IN RAMONA COMMUNITY PLAN AREA

16.


COUNTY OF SAN DIEGO TRACT NO. 5358-1, APPROVAL OF FINAL MAP AND SECURED AGREEMENTS FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN NORTH COUNTY METROPOLITAN SUBREGIONAL PLAN AREA

17.


AMENDMENTS TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATED TO THE DEPARTMENT OF ENVIRONMENTAL HEALTH

18.


AN ORDINANCE AMENDING TITLES 1 AND 2 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES AND AMENDING ARTICLE XXXIII OF THE SAN DIEGO COUNTY CODE OF ADMINISTRATIVE ORDINANCES

19.


TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

20.

CLOSED SESSION

(CARRYOVER ITEM FROM 9/18/07, AGENDA NO. 25)

21.

PUBLIC COMMUNICATION

1.

SUBJECT:


OTAY VALLEY REGIONAL PARK – ACQUISITION OF 11.63 ACRES (MIDWAY BAPTIST CHURCH) (DISTRICT: 1)

OVERVIEW:

On August 1, 2007 (7), the Board of Supervisors took action as recommended setting hearing for September 19, 2007 at 9:00 a.m.

In 2003, Caltrans filed an action in eminent domain to acquire 65 acres of the County’s Sweetwater Park, which was needed for construction of a segment of State Route 125. Under the California Park Preservation Act of 1971 (“Act”), Caltrans is required to pay, or transfer to the County, sufficient compensation or land to replace the County park land it is taking. On August 26, 2005, the San Diego Superior Court identified eight specific properties as suitable for replacement park land. Caltrans was required to acquire seven of these properties and convey them to the County, and to provide the funds for the County to purchase the other property, for which the County had an existing Option to Purchase.

Midway Baptist Church owns 11.63 acres north of Palm Avenue and west of Hollister Street in San Diego (Thomas Guide, Page 1330-B-7). The northern portion of this property adjoins the Otay Valley Regional Park and would connect that area of the Otay Valley Regional Park to Palm Avenue. The church is interested in selling the land to the County. The fair market value of the property is $3,730,000, as determined by an independent fee appraiser.

On April 24, 2007 (19), the Board of Supervisors authorized the Director of General Services to execute an Option Agreement to purchase the property for $3,730,000. On May 9, 2007, the Director of General Services executed a six-month Option Agreement with Midway Baptist Church on those terms. Subsequently, on May 11, 2007, in order to acquire replacement property sooner by dealing with a willing seller, the Court entered a new Order substituting some of the previously identified replacement property with the church property, finding it to be similar to the lost park property and otherwise satisfying the requirements of the Act. This Order requires Caltrans to fully fund the escrow for the County’s purchase of the church property.

Today, the Board is requested to set a hearing for September 19, 2007, to consider exercising the option to purchase the 11.63-acre parcel from Midway Baptist Church for the appraised value of $3,730,000. Pursuant to the Court’s new Order, the entire purchase price and related escrow fees will be funded by Caltrans.

FISCAL IMPACT:

Should the Board authorize exercising the option to purchase the property for $3,730,000 on September 19, 2007, funds for the purchase price and related escrow fees of an estimated $1,940 will provided by the State of California – Department of Transportation (Caltrans). The option consideration payment of $10,000 which was previously paid to Midway Baptist Church by the Department of Parks and Recreation will be reimbursed by Caltrans upon the close of escrow. There will be a current year cost of $6,500 for Real Estate Services’ staff costs required to process the transaction and an annual cost of $335 for Special Tax Assessments, including vector control and water standby fees that will be paid from the Department’s Proposed Operational Plan. Management of the acquired property will be accomplished within the Department’s Proposed Operational Plan and no additional staff years will be required for these activities.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1. Authorize the Director of the Department of General Services to exercise the County’s option to purchase 11.63 acres from Midway Baptist Church for the appraised value of $3,730,000.

2. Authorize the Director of the Department of General Services, or designee, to execute all escrow and related documents necessary to complete the purchase.

ACTION:

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


2.

SUBJECT:


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

OVERVIEW:

This is a request to subdivide 219 acres into four residential lots plus a remainder parcel that would be preserved for open space. All lots would be a minimum of 40 acres. The project was continued from the Board of Supervisors hearing of June 21, 2006 (1). The applicant is requesting another continuance because the project site could be affected by an ongoing effort for incorporation in Ramona. (Thomas Guide, Page 1153, A1)

FISCAL IMPACT:

N/A

RECOMMENDATION:

PLANNING COMMISSION

At the meeting of February 18, 2000, the Planning Commission voted to deny Tentative Map (TM) 5008RPL5 due to inadequate environmental review. The Planning Commission has not reviewed the map that is currently before the Board (TM 5008RPL6).

DEPARTMENT OF PLANNING AND LAND USE

Continue the project until November 2008 for the reasons included in the staff report.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, continuing the project to November 2008, on Consent.


3.

SUBJECT:


FORMATION OF UNDERGROUND UTILITY DISTRICT FOR SWEETWATER ROAD PHASE 3 IN BONITA (DISTRICT: 1)

OVERVIEW:

The purpose of the Underground Utility District program is to underground overhead utilities to benefit communities. Board Policy J-17, Undergrounding of Existing Overhead Utility Facilities, establishes a policy and procedure for district formation and program administration.

On August 1, 2007 (6), the Board set a hearing to consider forming a new district, Sweetwater Road Phase 3 in Bonita (Thomas Guide page 1310, E-3) from Mesa Vista Way to Willow Street. This is a request to consider adopting an ordinance to form the Underground Utility District. That action is discretionary after consideration of public testimony.

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. No additional staff years will be required.

RECOMMENDATION:


Adopt the following ordinance:

AN ORDINANCE ADDING SECTION 89.309 TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES TO FORM AN UNDERGROUND UTILITY DISTRICT FOR SWEETWATER ROAD PHASE 3, UNDERGROUND UTILITY DISTRICT NO. 108.

ACTION:

ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board closed the Hearing and took action as recommended, adopting Ordinance No. 9879 (N.S.) entitled: AN ORDINANCE ADDING SECTION 89.309 TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES TO FORM AN UNDERGROUND UTILITY DISTRICT SWEETWATER ROAD PHASE 3 UNDERGROUND UTILITY DISTRICT NO. 108.


4.

SUBJECT:

SET HEARING FOR 12/5/07:

INTENTION TO INITIATE PROPOSITION 218 COMPLIANT BALLOT PROCEEDINGS TO ESTABLISH PROPOSED LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2 – JULIAN (JESS MARTIN PARK) (DISTRICT: 2)

OVERVIEW:

Jess Martin Park is an approximately 9-acre park in the community of Julian that is owned by the County. Existing amenities within the park include a playground, skatepark, three ballfields, a volunteer pad, and on-site parking.

On April 25, 2006 (8), the Board of Supervisors directed the Chief Administrative Officer to identify the staffing level and funding needed for the Department of Parks and Recreation to manage and maintain Jess Martin Park and to explore the viability of County Service Area funding.

In order to maintain current levels of service to this park, the Department of Parks and Recreation proposes the establishment of Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park). The Landscape Maintenance assessment will be placed on properties in and around the geographic areas of Jess Martin Park that receive benefits from the park.

This requested action is to accept the Preliminary Engineer’s Report, adopt a resolution to initiate the formation of, and stating its intentions to establish the Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park), and approve a resolution adopting assessment ballot procedures. The resolution sets the date of December 5, 2007, as the date of the required public hearing. Approval of this request will initiate the ballot proceedings in order for property owners to vote on the benefit assessment. If the ballot measure passes, the new district would become operational on July 1, 2008.

FISCAL IMPACT:

Funds for this request are budgeted in the Fiscal Year 2007-2008 Operational Plan. If approved, the remaining costs for consultant services in the current Fiscal Year are encumbered in the original contract and total approximately $17,000. In addition, there will be future costs and revenue related to operations and maintenance of Jess Martin Park which will be provided by department staff and reimbursed by the Landscape Maintenance District (LMD) if the ballot measure passes. These funds will be budgeted in Salaries and Benefits to offset costs related to the addition of one position at the level of Park Maintenance Worker. In addition, if approved, the County will be paying its share of the LMD assessment fees on assessable properties owned within the proposed district. These anticipated costs are negligible and would be paid by the department owning each assessed parcel.

Based on data provided by various local athletic programs and an informal survey of park patrons, it is estimated that non-District usage accounts for approximately 10% of the park’s total utilization. The current total annual maintenance budget for the proposed District is $100,000 with approximately 90% of the budget provided by levied fees of property owners within the District boundaries. The recommended assessment district does not include indexing for future cost increases including inflation. Assessment law prohibits the collection of fees for services and/or improvements that benefit park users outside the District. This would require the County to cover 10% of the proposed maintenance budget. If the ballot measure is approved, the department will return to the Board to request $10,000 in on-going funding to supplement the annual maintenance budget of the proposed District.

RECOMMENDATION:


1. Find in accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, that it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment and is therefore not subject to CEQA.

2. Accept the Preliminary Engineer’s Report entitled “Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park)” on file at the County of San Diego Department of Parks and Recreation located at 9150 Chesapeake Drive, Suite 200, San Diego, California 92123.

3. Adopt a resolution entitled:

Resolution of the San Diego County Board of Supervisors Initiating Formation and Stating its Intention to Establish an Assessment District Pursuant to the Landscaping and Lighting Act of 1972 and Directing Action with Respect Thereto

This resolution sets December 5, 2007 as the date of the required public hearing.

4. Adopt a resolution entitled:

Resolution of the San Diego County Board of Supervisors Adopting Assessment Ballot Procedures Pursuant to Article XIIID of the State Constitution and Implementing Legislation.

ACTION:

Noting the distribution of an Errata Sheet on this item, ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 07-203 entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS INITIATING FORMATION AND STATING ITS INTENTION TO ESTABLISH AN ASSESSMENT DISTRICT PURSUANT TO THE LANDSCAPE AND LIGHTNING ACT OF 1972 AND DIRECTING ACTIONS WITH RESPECT THERETO, and setting Hearing for December 5, 2007 at 9:00 a.m.


5.

SUBJECT:

AN ORDINANCE AMENDING TITLE 4 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES AND AMENDING ARTICLE XXIV OF THE SAN DIEGO COUNTY CODE OF ADMINISTRATIVE ORDINANCES

(DISTRICTS: ALL)

OVERVIEW:

County Departments are engaged in comprehensive revisions to the San Diego County Code of Regulatory Ordinances (County Regulatory Code). This recommendation, which proposes revisions to Title 4 of the County Regulatory Code and Article XXIV of the County Code of Administrative Ordinances (County Administrative Code), is the second phase of the revision project. The first phase which contained amendments to Titles 1 and 2 and Article XXXIII of the Administrative Code was presented to the Board on August 1, 2007 (4) and is scheduled for adoption as a separate item on today’s agenda.

FISCAL IMPACT:

The requested actions will have no current year or annual cost and will not require any additional staff years.

RECOMMENDATION:


1. Find that the proposed Ordinance amendments are exempt from review under the California Environmental Quality Act pursuant to Section 15061(b)(3) of the State CEQA guidelines.

2. Approve the introduction of the Ordinance, (first reading), read title and waive further reading of the Ordinance.

AN ORDINANCE AMENDING TITLE 4 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES AND ARTICLE XXIV OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO COUNTY PARKS AND RECREATION.

Submit the Ordinance for further Board consideration and adoption (second reading) on September 26, 2007.

ACTION:

Noting that language in Section 41.124 has been deleted and that section will be reserved, and directing the Chief Administrative Officer to add language to the Ordinance that there be no fires of any kind allowed in County parks during red flag condition days as designated by the proper authority and bring the change back to the Board for consideration, ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, introducing Ordinance for further Board consideration and adoption on September 26, 2007.

AYES: Cox, Jacob, Slater-Price, Roberts

NOES: Horn

6.

SUBJECT:

AMENDMENT TO CONSULTANT CONTRACT FOR DESIGN OF SOUTH SANTA FE AVENUE NORTH IMPROVEMENTS (DISTRICT: 5)

OVERVIEW:

Improvements to South Santa Fe Avenue North, located in the unincorporated area between the cities of Vista and San Marcos, will widen the existing two and three-lane road between Montgomery Drive and approximately 670 feet northwest of Robelini Drive to four lanes with medians, including bicycle lanes, sidewalks, utility undergrounding, sewer and water improvements and drainage structures (Thomas Guide Page 1108, B-2, B-3 C-3). This project creates a new intersection at South Santa Fe/York/Woodland that incorporates the North County Transit District’s Sprinter Rail project and transitions South Santa Fe Avenue to its existing two lanes southeast of York/Woodland intersection. Although design is not yet completed, it is anticipated construction for this major project will be roughly $14 to $20 million.

On September 10, 1991 (26), the Board approved an agreement with Project Design Consultants for design of this project. Since then, the Board approved three contract amendments for additional design services and analysis for a current total contract value of $1,174,283. Project Design Consultants has completed much of the design on this complex project, which involves major drainage issues, a railroad crossing, and multiple right-of-way and business access issues.

This is a request to approve the Fourth Amendment to the agreement with Project Design Consultants for additional design services and to increase the compensation under the contract by an additional $500,000, for total compensation of $1,674,283. This additional contract funding is needed to resolve new drainage requirements, provide support for complex right of way issues and provide design support during construction, which is scheduled to begin in fall 2008. Recommended actions will establish appropriations and amend the existing contract to provide these additional design services.

FISCAL IMPACT:

Funds for design of South Santa Fe Avenue North are budgeted in the Department of Public Works Fiscal Year 2007-08 Detailed Work Program in the amount of $200,000. The source of funding is TransNet. This request will establish additional appropriations based on unanticipated revenue from TransNet ($300,000). If approved, this request will result in a current year cost of $500,000 for South Santa Fe North, no annual costs, and will require no additional staff years.

RECOMMENDATION:


1. Find that the proposed activity is exempt from California Environmental Quality Act (CEQA) as specified under CEQA Guidelines Section 15061(b)(3).

2. Find that the services can be provided more economically and efficiently by the proposed independent contractors than by persons employed in the Classified Service.

3. Establish appropriations of $300,000 in the Department of Public Works Fiscal Year 2007-08 Detailed Work Program for the South Santa Fe Avenue North Improvements Project based on unanticipated revenue from TransNet. (4 VOTES)

4. Authorize the Clerk of the Board to execute, upon receipt, the Fourth Amendment to Agreement with Project Design Consultants to provide engineering design and environmental and construction support services for design of South Santa Fe Avenue (north) for additional compensation not to exceed $500,000.

5. Designate the Director, Department of Public Works, as County Officer responsible for administering the contract.

ACTION:

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


7.

SUBJECT:

SOUTH SANTA FE AVENUE NORTH RECONSTRUCTION PROJECT, ACQUISITION OF RIGHT-OF-WAY PARCEL NUMBERS 1997-0290-A, B, C (PERRY/FLETT); 1997-0301-A, B, C (MARGIOTTA); AND 1997-0303-A (LEWALLEN) (DISTRICT: 5)

OVERVIEW:

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

The South Santa Fe Avenue North Reconstruction Project will widen South Santa Fe Avenue to a four-lane Major Road, with a center left-turn lane, from the Vista city limit at Montgomery Drive, to just east of Woodland Avenue, where the project improvements will transition to meet the existing two-lane road. Other ancillary roads and intersections along South Santa Fe Avenue will be improved and realigned as a part of this project. (Thomas Guide, Page 1108-B2).

Construction of the project requires acquisition of property rights from approximately 58 properties. To date, 6 property owners have signed Real Property Contracts agreeing to sell the required interests to the County for values less than $50,000. Those contracts were approved by the Director of General Services, pursuant to Section 73 of the Administrative Code.

Today the Board is requested to approve three additional Real Property Contracts for values more than $50,000. These contracts are for the purchase of: (1) Parcel No. 1997-0290-A, B, C (Perry/Flett) for $69,300; (2) Parcel No. 1997-0301-A, B, C (Margiotta) for $129,600; and (3) Parcel No. 1997-0303-A (Lewallen) for $293,000. Negotiations with the remaining unsigned property owners are ongoing.

FISCAL IMPACT:

Funds for this request are in the Department of Public Works Detailed Work Program for Fiscal Year 2007-08 Operational Plan. The funding source is SANDAG Highway TransNet, Local TransNet, and State Route 78 Corridor Funds. If approved, this request will result in $491,900 current year cost, no annual cost and no additional staff years will be required.

RECOMMENDATION:


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

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

2. Approve and authorize the Clerk of the Board to execute two originals of the Real Property Contract for the purchase of Parcel No. 1997-0290-A, B, C from Nadia Perry and Steven Flett for $69,300.

3. Approve and authorize the Clerk of the Board to execute two originals of the Real Property Contract for the purchase of Parcel Nos. 1997-0301-A, B, C, from James Margiotta for $129,600.

4. Approve and authorize the Clerk of the Board to execute two originals of the Real Property Contract for Parcel No. 1997-0303-A from William E. and Diana A. Lewallen for $293,000.

5. Authorize the Director of the Department of General Services or designee to execute all escrow and related documents necessary to complete these acquisitions.

ACTION:



8.

SUBJECT:

THIRD AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY TO ADD THE CITY OF CHULA VISTA AS PARTICIPATING AGENCY (DISTRICTS: ALL)

OVERVIEW:

On November 15, 2000 (1), the Board of Supervisors approved the Joint Exercise of Powers Agreement (Agreement) to form the Metro Wastewater Joint Powers Authority (JPA) on behalf of Alpine Sanitation District, Lakeside Sanitation District, Spring Valley Sanitation District, and the Winter Gardens Sewer Maintenance District. Other member agencies of the JPA are the Cities of Coronado, Del Mar, El Cajon, Imperial Beach, La Mesa, Poway, the Lemon Grove Sanitation District, Otay Water District and the Padre Dam Municipal Water District.

On January 29, 2003 (6 and SAN 1), the Board of Supervisors approved the First Amendment to the Metro Wastewater Joint Powers Authority Agreement to add the Otay Water District as participating agency. On May 21, 2003 (10 and SAN 1) the Board of Supervisors approved the Second Amendment to the Metro Wastewater Joint Powers Authority Agreement to add National City as participating agency.

The City of Chula Vista is now requesting membership in the Metro Wastewater JPA. The third amendment to the agreement, if approved by all JPA members, will allow the City of Chula Vista to become a participating member. In addition to admitting Chula Vista as a member agency, the amendment will also provide a process for participating agencies to withdraw from the JPA.

This is a request to approve the third amendment to the agreement to add the City of Chula Vista as a participating agency.

FISCAL IMPACT:

If approved, this request will result in no annual cost, and will require no additional staff years.

RECOMMENDATION:


1. Find, pursuant to Section 15060(c)(3) of the California Environmental Quality Act (CEQA) Guidelines, that the requested action is not a project as defined in Section 15378.

2. Adopt a resolution entitled Jointly Adopted Resolution of the Board of Supervisors of the County of San Diego on behalf of Winter Gardens Sewer Maintenance District, and the Board of Directors of the Lakeside Sanitation District, Alpine Sanitation District And Spring Valley Sanitation District Authorizing Execution of the Third Amendment to Joint Exercise of Powers Agreement Fro the Metro Wastewater Joint Powers Authority to Add the City of Chula Vista as a Participating Agency.

3. Authorize the Clerk of the Board to execute, upon receipt, the Third Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to add the City of Chula Vista as a participating agency.

(Relates to Sanitation District Agenda No. 1)

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 07-204 entitled: JOINTLY ADOPTED RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO ON BEHALF OF WINTER GARDENS SEWER MAINTENANCE DISTRICT, AND THE BOARD OF DIRECTORS OF THE LAKESIDE SANITATION DISTRICT, ALPINE SANITATION DISTRICT AND SPRING VALLEY SANITATION DISTRICT AUTHORIZING EXECUTION OF THE THIRD AMENDMENT TO THE METRO WASTEWATER JOINT POWERS AUTHORITY AGREEMENT REGARDING CITY OF CHULA VISTA MEMBERSHIP.


9.

SUBJECT:

TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (DISTRICTS: 2 AND 5)

OVERVIEW:

The Traffic Advisory Committee meets every six weeks to review proposed changes or additions to regulatory controls. Four items were on the Committee’s July 20, 2007 meeting agenda. The Committee recommends your action on all four items.

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. La Brea Street and Day Street, (Thomas Guide page 1152, E-7) RAMONA -- Establish yield controls for north and south bound traffic on Day Street approaching La Brea Street.

2-B1. Honey Hill Road, south side, from the east line of Suncrest Vista Lane easterly 200 feet, (Thomas Guide page 1234, D-6) ALPINE -- Establish a parking prohibition.

2-B2. Oak Creek Road, west side, from the north line of Olde Highway 80 northerly 450 feet, (Thomas Guide page 1233, B-3) LAKESIDE -- Establish a parking prohibition.

District 5

5-A1. Reche Road, north side, from the west line of Valley Oaks Boulevard West easterly to the west line of Ranger Road (840 feet) (Thomas Guide page 1028, F-4) FALLBROOK – Establish a parking prohibition.


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

2. Concur with Traffic Advisory Committee's recommendations.

3. Adopt, amend and/or delete the following Resolutions:

No. 301 (Items 2-B1, 2-B2 and 5-A1)

No. 306 (Item 2-A)

ACTION:

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

Item 2-B1, Resolution No. 07-205 entitled: TRAFFIC RESOLUTION NO. 3087, RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO;

Item 2-B2, Resolution No. 07-206 entitled: TRAFFIC RESOLUTION NO. 3088, RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO;

Item 5-A1, Resolution No. 07-207 entitled: TRAFFIC RESOLUTION NO. 3089, RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO, and

Item 2-A, Resolution No. 07-208 entitled: TRAFFIC RESOLUTION NO. 3090, RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 306 RELATING TO THE ESTABLISHMENT OF YIELD RIGHT-OF-WAY INTERSECTIONS IN THE COUNTY OF SAN DIEGO.


10.

SUBJECT:

GILLESPIE FIELD – NEW INDUSTRIAL LEASE WITH AIRWAYS BUSINESS PARK OWNERS ASSOCIATION (DISTRICT: 2)

OVERVIEW:

The County of San Diego operates Gillespie Field (Thomas Guide Page 1251, E-2), a general aviation airport in El Cajon. Gillespie Field conducts over 280,000 operations annually and provides facilities for 959 general aviation and corporate aircraft, aviation businesses, and the Sheriff’s Air Support to Regional Enforcement Agencies facility.

On April 17, 1979 (29), the Board approved a 55-year industrial lease in Gillespie Field Industrial Park with Robert J. Basso and Ruth H. Basso. This Lease was subsequently assigned to Airways Business Park Owners Association, a California Non-Profit Mutual Benefit Corporation. The leasehold improvements include a 30-suite industrial condominium complex of offices and small warehouses accommodating a variety of small businesses.

This is a request to approve a new 55-year lease with Airways Business Park Owners Association. This is the standard term for industrial leases on airport property. Revenues from leases on airport property are placed into the County’s Airport Enterprise Fund, used to improve safety and security at County Airports.

FISCAL IMPACT:

This agreement will result in additional revenue to the Airport Enterprise Fund beginning Fiscal Year 2007-08. Funding sources for additional revenue are base monthly rental payments and equity payments under the terms of the new lease agreement. If approved, this agreement will result in a net increase in the current Fiscal Year revenue of $25,907. Total anticipated current Fiscal Year revenue will be $152,258. It will result in approximately $160,893 of revenue in Fiscal Year 2008-09 and subsequent years.

RECOMMENDATION:


1. Find, in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines that proposed lease is categorically exempt from CEQA provisions as it involves continuation of an existing use.

2. Approve and authorize Clerk of the Board to execute, upon receipt, three copies of the new industrial lease with Airways Business Park Owners Association, a California Non-Profit Mutual Benefit Corporation. (4 VOTES)

3. Waive the competitive procurement requirements of Board Policy F-51, County Real Property Asset Management, with regard to the proposed new lease.

ACTION:



11.

SUBJECT:

SOLE SOURCE CONTRACT FOR CONSULTING SERVICES WITH ASPEN ENVIRONMENTAL REGARDING SPECIAL AREA MANAGEMENT PLAN (DISTRICTS: 1 AND 2)

OVERVIEW:

Aspen Environmental Group, pursuant to a contract with the County, is developing a Special Area Management Plan for the Otay Watershed. A Special Area Management Plan is a comprehensive plan that provides for natural resource protection and reasonable economic growth within geographic areas of special sensitivity. In February 2004, the Director of the Department of Purchasing and Contracting awarded this contract following competitive solicitations in accordance with Board Policy A-87. Through no fault of the contractor, the term of the original contract has expired without all tasks being completed.

Staff has determined that the best, most efficient way to ensure adequate and timely completion of the Special Area Management Plan is to fund continued services from the existing contractor. There are adequate funds available from the original contract amount to compensate Aspen Environmental Group for the remaining work. Staff requests permission to enter into a new contract with Aspen Environmental Group in the amount of $261,328 to complete the SAMP for the Otay Watershed.

FISCAL IMPACT:

If approved, this request will result in a total current year cost of $261,328. Funds for this request are included in the Department of Planning and Land Use Fiscal Year 2007-08 Operational Plan. The funding source is 2006-07 Fund Balance. The project requires no additional staff years.

RECOMMENDATION:


1. Find, in accordance with Article 19, Section 15306 of the California Environmental Quality Act (CEQA) Guidelines that this project is categorically exempt from the provisions of CEQA as it involves research, data collection and resource evaluation activities which will lead to an action that has not yet been approved or adopted.

2. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Purchasing and Contracting to enter into negotiations with Aspen Environmental Group; and subject to successful negotiations and determination of a fair and reasonable price, award a contract for the Special Area Management Plan for the Otay Watershed for one year and one option period through June 30, 2009 and an additional six months if needed, and to amend the contracts as needed to reflect changes to services and funding, subject to approval of the Director of the Department of Planning and Land Use. Waive the advertising requirement of Board Policy A-87.

ACTION:



12.

SUBJECT:

RATIFICATION OF APPLICATION FOR AND ACCEPTANCE OF COASTAL IMPACT ASSISTANCE PROGRAM GRANT FUNDS (DISTRICTS: 1, 3, AND 5)

OVERVIEW:

Section 384 of the Energy Policy Act of 2005 created the Coastal Impact Assistance Program. The Minerals Management Service will be disbursing $250 million of Coastal Impact Assistance Program Grant Funds for each federal Fiscal Year 2007 through 2010 to eligible producing states, including California. On April 17, 2007, the Mineral Management Service published the Federal Fiscal Years 2007 and 2008 allocations. The allocation to the County of San Diego for Federal Fiscal Years 2007 and 2008 is $161,848 each year for a total of $323,696. All funds will be disbursed through a non-competitive grant process. In order to receive Coastal Impact Assistance Program funds, states are required to submit a Coastal Impact Assistance Plan to the Mineral Management Service for approval prior to disbursement of any funds. In November 2005, Governor Schwarzenegger designated the California Resources Agency as the lead State agency for implementing the federal Coastal Impact Assistance Program in California.

Although the Mineral Management Service is not publishing the allocations for federal Fiscal Years 2009 and 2010 distributions until on or before April 15, 2009, it is also requesting that the state submit project applications for federal Fiscal Years 2009 and 2010 as well. This request is to ratify adoption of a resolution approving the application for and acceptance of Coastal Impact Assistance Program funding for the following projects: 1) San Diego Association of Governments Regional Sand Replenishment Project Planning; 2) Removal of Exotics in the Tijuana River Valley Habitat Restoration Site; and 3) Preparation of Resource Management Plans and Area Specific Management Directives on County-owned land in the Escondido Creek Watershed.

FISCAL IMPACT:

Funds for this request are not budgeted in the Fiscal Year 2007-2008 Operational Plan. The funding source is the Coastal Impact Assistance Program administered by the Federal Minerals Management Service and the California Resources Agency. If approved, this request will result in $161,848 current year cost and revenue. The proposed 2007-2008 project will be administered by SANDAG; the County will manage the grant and provide SANDAG the grant funds to complete the project. The state’s requirement for a 10% non-federal match will be provided by SANDAG and valued at $38,151 (19% match). Because the Minerals Management Service has also published allocations for federal Fiscal Year 2008, this action will also result in future Fiscal Year 2008-2009 cost and revenue in the same amount. These funds would be budgeted in the Fiscal Year 2008-2009 Operational Plan. The Mineral Management Service intends to publish the allocations for Fiscal Years 2009 and 2010 distributions on or before April 15, 2009, therefore the amount of the future allocations are not known at this time. No additional staff years are required as a result of this action.

RECOMMENDATION:


1. Find that the proposed activity is exempt from the California Environmental Quality Act (CEQA) as specified under CEQA Guidelines Section 15060 (c)(3) because it is an administrative action and not a project as defined in Section 15378 of the State CEQA Guidelines.

2. Ratify adoption of a resolution entitled:

Resolution of The County Of San Diego Board of Supervisors Approving the Project Proposals for the Coastal Impact Assistance Program and Authorizing the Director of Parks and Recreation to Apply for and Accept Funds for Federal Fiscal Years 2007 Through 2010

3. Establish appropriations of $161,848 in the Department of Parks and Recreation for consultant services, contingent upon receipt of unanticipated grant funds from the Coastal Impact Assistance Grant Program for federal Fiscal Year 2007. (4 VOTES)

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 07-209 entitled: RESOLUTION OF THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS APPROVING THE PROJECT PROPOSALS FOR THE COASTAL IMPACT ASSISTANCE PROGRAM AND AUTHORIZING THE DIRECTOR OF PARKS AND RECREATION TO APPLY FOR AND ACCEPT FUNDS FOR FISCAL YEARS 2007 THROUGH 2010.


13.

SUBJECT:


APPROVAL OF SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS FOR COUNTY OF SAN DIEGO TENTATIVE PARCEL MAP NO. 20724, LOCATED IN RAMONA COMMUNITY PLANNING AREA (DISTRICT: 2)

OVERVIEW:

This project is a minor subdivision consisting of fillin "" \d ""3 single-family residential parcels, and a total of 1.26 acres. It is located in Ramona, on the south side of H Street at the southerly intersection of H Street and 14th Streetfillin "" \d "" (Thomas Guide page 1152, G-7).

The project is being brought before the Board for approval of secured agreement for public and private fillin "" \d ""improvements.

FISCAL IMPACT:

N/A

RECOMMENDATION:


Approve and authorize Clerk of the Board to execute Agreement to Improve Minor Subdivision, which includes street and drainage improvements, water facilities and sewer facilities (Attachment B).

ACTION:



14.

SUBJECT:


COUNTY OF SAN DIEGO TRACT NO. 5127-1: APPROVAL OF FINAL MAP AND JOINT SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN VALLEY DE ORO COMMUNITY PLAN AREA (DISTRICT: 2)

OVERVIEW:

This project is a subdivision consisting of fillin "" \d ""14 single-family residential lots and a total of 9.95 acres. It is located in Valley De Oro, at the north end of Sundown Lane, north of Fury Lanefillin "" \d "" (Thomas Guide page 1271, G-4fillin "" \d "").

The project is being brought before the Board for approval of final map and joint secured agreement for public and privatefillin "" \d "" improvements.

FISCAL IMPACT:

N/A

RECOMMENDATION:


1. Approve this map.

2. Approve and authorize Clerk of the Board to execute Joint Agreement to Improve Major Subdivision, which includes street and drainage improvements, water facilities, and sewer facilities (Attachment B).

ACTION:



15.

SUBJECT:


COUNTY OF SAN DIEGO TRACT NO. 5368-1: APPROVAL OF FINAL MAP LOCATED IN RAMONA COMMUNITY PLAN AREA (DISTRICT: 2)

OVERVIEW:

This project is a one lot condominium subdivision consisting of 16fillin "" \d "" industrial/commercial units on a total of 2.91 acres. It is located in the Ramona area on the west side of Maple Street between Walnut Street and Olive Street. (Thomas Guide page 1152, F-5fillin "" \d "").

This project is being brought before the Board for approval of final mapfillin "" \d "".

FISCAL IMPACT:

N/A

RECOMMENDATION:


Approve this map.

ACTION:



16.

SUBJECT:


COUNTY OF SAN DIEGO TRACT NO. 5358-1, APPROVAL OF FINAL MAP AND SECURED AGREEMENTS FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN NORTH COUNTY METROPOLITAN SUBREGIONAL PLAN AREA (DISTRICT: 5)

OVERVIEW:

This project is a condominium subdivision consisting of one future condominium lot with a maximum of 9 Dwelling Units, and a total acreage of 2.38 acres. It is commonly known as Buena Vista 9 and located in the Vista area, fillin "" \d ""at the northeast corner of Woodland Drive and Evvia Court (Thomas Guide page 1108, B-3).

The project is being brought before the Board for approval of final map and secured agreements for public and privatefillin "" \d "" improvements.

FISCAL IMPACT:

N/A

RECOMMENDATION:


1. Approve this map and accept on behalf of the public, subject to improvements, a portion of Woodland Drive together with the right to extend and maintain drainage facilities, excavation and embankment slopes beyond the limits of said right-of-way.

2. Accept on behalf of the County a Noise Protection Easement over all of Lot 1 as granted on said map.

3. Approve and authorize the Clerk of the Board of Supervisors to execute the Agreement to Improve Major Subdivision, which includes the street improvements and drainage facilities and water facilities. (Attachment B).

ACTION:



17.

SUBJECT:


AMENDMENTS TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATED TO THE DEPARTMENT OF ENVIRONMENTAL HEALTH

(DISTRICTS: ALL)

OVERVIEW:

On August 1, 2007 (2), the Board of Supervisors introduced Ordinances for further Board consideration and adoption on September 19, 2007.

This is a request to adopt amendments to Title 6 of the County Code of Regulatory Ordinances related to the Department of Environmental Health. Recommendations today will align Department of Environmental Health refunds with County Administrative Manual 0030-24, Cash Receipts, and the California Government Code; delete redundant Alcohol Beverage Control signage language; and simplify medical waste labeling requirements for businesses. Additionally, this request will clean-up language associated with the April 25, 2007 (2) Board of Supervisors action approving an ordinance amendment to San Diego County Code related to Department of Environmental Health fees.

FISCAL IMPACT:

There is no fiscal impact associated with these recommendations.

RECOMMENDATION:


Adopt Ordinances entitled:

AN ORDINANCE AMENDING PORTIONS OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO MEDICAL WASTE CONTAINER LABELING

AN ORDINANCE AMENDING PORTIONS OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO THE POSTING OF ALCOHOLIC BEVERAGE CONTROL WARNING SIGNS

AN ORDINANCE AMENDING PORTIONS OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO FEE REFUNDS IN THE DEPARTMENT OF ENVIRONMENTAL HEALTH

AN ORDINANCE AMENDING PORTIONS OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO THE CLEAN-UP OF TITLE 6, DIVISION 5, SECTION 65.107

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Ordinance No.9880 (N.S.) entitled: AN ORDINANCE AMENDING PORTIONS OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING MEDICAL WASTE CONTAINER LABELING; Ordinance No. 9881 (N.S.) entitled: AN ORDINANCE AMENDING PORTIONS OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO THE POSTING OF ALCOHOLIC BEVERAGE CONTROL WARNING SIGNS; Ordinance No. 9882 (N.S) entitled: AN ORDINANCE AMENDING PORTIONS OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO FEE REFUNDS IN THE DEPARTMENT OF ENVIRONMENTAL HEALH, and Ordinance No. 9883 (N.S) entitled: AN ORDINANCE AMENDING PORTIONS OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO THE CLEAN-UP OF TITLE 6, DIVISION 5, SECTION 65.107.


18.

SUBJECT:


AN ORDINANCE AMENDING TITLES 1 AND 2 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES AND AMENDING ARTICLE XXXIII OF THE SAN DIEGO COUNTY CODE OF ADMINISTRATIVE ORDINANCES (DISTRICTS: ALL)

OVERVIEW:

On August 1, 2007 (4), the Board of Supervisors introduced Ordinance for further Board consideration and adoption on September 19, 2007.

The San Diego County Code of Regulatory Ordinances ("County Regulatory Code") has not undergone a comprehensive revision since its adoption in 1960. Over time, amendments to the County Regulatory Code have been adopted to address specific issues or concerns, but these amendments lacked the uniformity that a comprehensive revision of the Code would provide. This ordinance, which proposes revisions to Titles 1 and 2 of the County Regulatory Code, and which revises Article XXXIII of the County Code of Administrative Ordinances (“County Administrative Code”), is the first phase of a project that, upon completion and approval, will make substantial, comprehensive revisions to the entire County Regulatory Code and appropriate sections of the County Administrative Code.

FISCAL IMPACT:

The impact to the County’s General Fund is as follows:

Department of Environmental Health: If this request is approved, the number of applications for temporary food facilities at a community event is estimated to increase from 80 per year to 100. The funding source is the State Realignment revenue as these applications are exempt from a fee. The increased cost associated with this ordinance change is approximately $15,622 for Fiscal Year 2007-08, and was included in 2007-2009 Adopted Operational Plan.

Department of Planning and Land Use: If approved, this request will result in average annual cost and revenue of $5000, hence being cost neutral. The funding source is revenue collected from the assessment of Civil Penalties related to Code Enforcement cases.

Sheriff’s Department: The Sheriff’s Department is in the process of updating all the fees that will be revised as a result of these proposed changes and will bring the fee package to your Board in the near future.

Media and Public Relations: As a result of this action, fees to cable television companies who obtain State franchises under a new State law will increase when existing County cable television licenses expire.

There will be no fiscal impact associated with the following departments: Public Works, Agriculture, Weights & Measures, Treasurer/Tax Collector, and Assessor/Recorder/Clerk.

BUSINESS IMPACT STATEMENT:

Adoption of the proposed Ordinance will clarify County regulations and add tools for code enforcement officials resulting in more certainty to the regulated community and more efficient enforcement. Clarification of licensing procedures will provide certainty to applicants and reduce staff time in processing license applications. Improved hearing procedures may reduce the number of court challenges to administrative decisions. Changes that improve collection procedures for delinquent taxes may result in greater revenue. This comprehensive review includes updates consistent with industry standard recommendations and federal or state mandates.

RECOMMENDATION:


Adopt Ordinance entitled:

AN ORDINANCE AMENDING TITLES 1 AND 2 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO GENERAL REGULATIONS, ENFORCEMENT PROVISIONS, LICENSING AND BUSINESS TAXES AND AMENDING ARTICLE XXXIII OF THE SAN DIEGO COUNTY CODE OF ADMINISTRATIVE ORDINANCES RELATING TO HEARING OFFICERS

ACTION:

Directing the Chief Administrative Officer to amend Section 21.311(b) to read, “The insurance shall provide coverage for each taxicab in an amount not less than $350,000 per occurrence, combined single limit for bodily injury and property damage”; to work with Metropolitan Transit System and any other interested parties toward implementing the limits proposed in the original recommendation throughout the region; to include the omitted word, “contrary” in section 21.112(a)(2); ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board introduced Ordinance for further Board consideration and adoption on September 26, 2007.


19.

SUBJECT:


TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (DISTRICTS: 1, 2 AND 5)

OVERVIEW:

On August 1, 2007 (7), the Board of Supervisors introduced Ordinance for further Board consideration and adoption on September 19, 2007.

The Traffic Advisory Committee meets every six weeks to review proposed changes or additions to regulatory traffic controls. Twenty-two items were on the Committee's June 8, 2007 meeting agenda. The Committee recommends your action on all 22 items, with two items (Item A and Item 2-B) being continued to a future Traffic Advisory Committee meeting. Item A was continued to allow County Counsel the opportunity to review and comment on two amended versions of Section 72.123. of the County Code of Regulatory Ordinances and determine which is the most appropriate. Item 2-B was continued to provide an opportunity for the RV Resort’s manager and property owner to review and comment on an amendment from the Lakeside Community Planning Group regarding the proposed parking prohibition on the west side of Oak Creek Road.

FISCAL IMPACT:

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

RECOMMENDATION:


Adopt Ordinance entitled:

AN ORDINANCE DELETING SECTION 72.161.43.1. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

ACTION:

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

Item 5-E: Ordinance No. 9884 (N.S.) entitled: AN ORDINANCE DELETING SECTION 72.161.43.1 OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO.


20.

SUBJECT:

CLOSED SESSION (DISTRICT: ALL)

(CARRYOVER ITEM FROM 9/18/07, AGENDA NO. 25)

OVERVIEW:

A.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

(Subdivision (a) of Government Code section 54956.9)

Gregory Leroy Smith v. State of California, et al.; United States District Court No. 06-CV-1114 AJB (PCL)

B.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION


Natalie Collet, et al. v. County of San Diego, et al.; San Diego County Superior Court No. GIN 046719

C.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION


Dominique Turner, et al. v. County of San Diego; United States District Court No. 06-CV-2471 H (JMA)

D.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION


Zachary Young v. County of San Diego, et al.; San Diego County Superior Court No. GIC 832798

E.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION


San Diego Unified School District v. County of San Diego; San Diego County Superior Court No. GIC 840390

F.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION


Ralph Coleman, et al. v. Arnold Schwarzenegger, et al.; United States District Courts, Eastern District and Northern District, Case No. CIV S-90-0520 LKK

JFM P

G.CONFERENCE WITH LABOR NEGOTIATORS

(Government Code section 54957.6)

Designated Representatives: Carlos Arauz and Susan Brazeau

Employee Organizations: All

H.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION


County of San Diego v. Sempra Energy, et al.; San Diego County Superior Court No. GIC 833371

I.PUBLIC EMPLOYEE PERFORMANCE EVALUATION

(Government Code section 54957)

Title: Chief Administrative Officer

ACTION:

In Closed Session on Tuesday, September 18, 2007, the Board of Supervisors took the following reportable actions:

As to item 20C: Dominique Turner v. County; by a vote of all 5 Board members present and voting “Aye,” authorized settlement of a wrongful death lawsuit filed against the County for the sum of $35,000.

As to item 20D: Zachary Young v. County; by a vote of all 5 Board members present and voting “Aye,” authorized settlement of a personal injury lawsuit filed against the County for the sum of $212,500.

As to item 20H: County of San Diego v. Sempra Energy, et al.; with Districts 4 and 5 being absent and Districts 1, 2 & 3 being present and voting “Aye”, approved settlement of antitrust actions against defendants Aquila Merchant Services, Inc. and Enserco Energy, Inc. with payment be dependants of $1.5 million and $750,000, respectively, to be shared by San Diego County and 12 other plaintiffs.

21.

SUBJECT:

PUBLIC COMMUNICATION

Jim Russell spoke to the Board concerning Liberty Quarry.

ACTION:

Heard; referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 11:00 a.m. in memory of Dr. Marguerite Vogt, Ruth Martinson and John. W. Gardner Jr.

THOMAS J. PASTUSZKA

Clerk of the Board of Supervisors

County of San Diego, State of California

Consent: Santos

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.

9/19/07

6

county of san diego board of supervisors · web viewthe current total annual maintenance budget for...

Documents