MORNING SESSION: - Meeting was called to order at 9:04 a.m.
Present: Supervisors Bill Horn, Chairman; Ron Roberts, Vice Chairman; Greg Cox; Dianne Jacob; Pam Slater; also Thomas J. Pastuszka, Clerk.

Approval of Board of Supervisors Statement of Proceedings/Minutes for meetings of July 11, 2001.

ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meeting of July 11, 2001.

AYES: Cox, Jacob, Slater, Roberts, Horn

Board of Supervisors' Agenda Items

1.

SUBJECT:

NOTICED PUBLIC HEARING:

OVERVIEW:

This is an appeal filed by the applicant of the Planning and Environmental Review Board decision denying Tentative Parcel Map 20448.  The project was denied due to inadequate progress pursuant to California Environmental Quality Act, Section 15109.  The 82.8 acre site is located off of Harris Trail within the Pendelton-Deluz Subregion Plan.  The property is zoned A70, Limited  Agricultural Use Regulation and is located within the (17) Estate Residential and (18) Multiple Rural Land Use Designations.

FISCAL IMPACT:

N/A

RECOMMENDATION:

PLANNING AND ENVIRONMENTAL REVIEW BOARD:

Deny the appeal and adopt the Final Notice of Decision denying TPM 20448 for the reasons included in the staff report.

DEPARTMENT OF PLANNING AND LAND USE:

The Department concurs with the Planning and Environmental Review Board’s (PERB) recommendation.

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors closed the hearing, granting the appeal, and remanding this item to the Director of the Department of Planning and Land Use for further processing.  If the application has not completed all necessary documentation, for processing of the map within one year from today, this item should return to the Board of Supervisors for further consideration.

AYES:  Cox, Jacob, Slater, Roberts, Horn

2.

SUBJECT:

NOTICED PUBLIC HEARING:

COLLECTION ON FISCAL YEAR 2001-02 TAX ROLL OF EXISTING FEES AND CHARGES FOR ALPINE, JULIAN, LAKESIDE, PINE VALLEY AND SPRING VALLEY SANITATION DISTRICTS AND THE WINTER GARDENS SEWER MAINTENANCE DISTRICT; AND REIMBURSEMENT-PROPERTY LIEN PAYMENTS FOR LAKESIDE SANITATION DISTRICT (DISTRICT: 1,2, & 4)

OVERVIEW:

Today's public hearing is necessary for preparation of the annual sanitation district tax roll, which ensures sewer service charge payments for Fiscal Year 2001-02 will be collected along with property taxes in the same manner they were during Fiscal Year 2000-01.   Collecting sewer fees through tax roll avoids what would be a costly billing process for the County. Sanitation and sewer maintenance districts provide sewer services for 32,155 customers.  Fiscal Year 2001-02 annual sewer service charges remain the same as those collected for FY 2000-01.

This is a request to conduct a public hearing on individual sanitation district tax roll reports, and to adopt resolutions approving collection of sewer service charges on the tax rolls, as authorized by the Uniform Sewer Ordinance, for Alpine, Julian, Lakeside, Pine Valley, Spring Valley Sanitation Districts, and the Winter Gardens Sewer Maintenance District.  Also requested is approval to collect payments on the tax roll from a reimbursement-property lien agreement for Lakeside Sanitation District, as authorized by the Uniform Sewer Ordinance.

FISCAL IMPACT:

This action is consistent with Fiscal Year 2001-02 proposed sanitation and sewer maintenance district budgets. Funding sources are annual sewer service charges. Approval of this request will result in no annual costs or additional staff years. There will be no impact to the General Fund as a result of this action.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.               Conduct a public hearing to consider all objections and protests to tax roll reports for each sanitation district and sewer maintenance district, on file with the Clerk of the Board of Supervisors.

2.                 Acting as the Board of Supervisors, adopt a Resolution entitled Resolution Authorizing Collection of Sewer Service Charges for Fiscal Year 2000-01 for Winter Gardens Sewer Maintenance District.

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting Resolution No. 01-219, RESOLUTION AUTHORIZING COLLECTION OF SEWER SERVICE CHARGES FOR FISCAL YEAR 2001-02 FOR WINTER GARDENS SEWER MAINTENANCE DISTRICT.

AYES:  Cox, Jacob, Slater, Roberts, Horn

3.

SUBJECT:

NOTICED PUBLIC HEARING:

HEARING TO CONFIRM FISCAL YEAR 2001-02 LEVIES FOR VARIOUS PERMANENT ROAD DIVISION ZONES AND COUNTY SERVICE AREAS AND THEIR ZONES (DISTRICT: ALL)

OVERVIEW:

A public hearing is required annually to confirm and adopt levies for Permanent Road Division Zones and County Service Areas and their zones prior to placing them on the tax roll.  Proposition 218, approved by California voters in November 1996, determines how these districts set maximum rates, dependent upon whether they are categorized as an assessment, fee or charge or a special tax.

Forty-seven (47) Permanent Road Division Zones will levy assessments for Fiscal Year 2001-02 within their approved range.  Fifteen (15) County Service Areas and their zones will levy assessments within their approved range.  These include:

Two Park County Service Areas (No. 26 – Rancho San Diego and No. 128 – San Miguel), which will levy a fee or charge, are not increasing their levy maximum and therefore did not need to ballot.  San Dieguito Local Parks District No. 83 - Zone A, received voter approval to initiate a charge to fund maintenance of their new zone.

County Service Area No. 135 – 800 MHz Communications and most of its zones will not levy, with the exception of Zones B – Del Mar, H – Solana Beach, and F – Poway, all of which received 1998 voter approval and, therefore, will levy a special tax.

Fire Protection District County Service Areas No. 107 – Elfin Forest, No. 113 – San Pasqual and No. 109 – Mt. Laguna will levy under their voter approved maximum rate, as will County Service Areas No. 17 – San Dieguito Emergency Medical Services and No. 69 – Heartland Paramedic Services.

Four districts providing varied miscellaneous services will levy.  They are:  County Service Areas No. 26A – Cottonwood Village; No. 26B – Monte Vista; No. 121 - Bonita Sewer; and No. 136 – Sundance Detention Basin.

FISCAL IMPACT:

Funds for this proposal are budgeted. These levies are consistent with the revenues shown in the proposed budgets for the Permanent Road Division Zones and County Service Areas and their Zones.  The proposed budgets were approved by the Board during the FY 2001-02 budget deliberations and are anticipated to be adopted by the Board on July 31, 2001.  If approved, these requests will result in no additional current year cost, no annual cost, and will require no additional staff years.  If recommended actions are not taken, Permanent Road Division Zones and County Service Areas and their zones will be unable to implement budgets approved by their chairpersons.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1. Find, in accordance with Section 15061(b)(3) of California Environmental Quality Act (CEQA) Guidelines, it can be seen with certainty there is no possibility the activity in question may have a significant effect on the environment.

2. Adopt a Resolution Entitled Resolution of the Board of Supervisors Acting as the Governing Body of San Diego Countywide Permanent Road Division No. 1000 Zones Adopting Assessments and Confirming Reports Re:  Levies to be Collected on the Tax Roll for Fiscal Year 2001-02.

3. Adopt a Resolution Entitled Resolution of the Board of Supervisors Acting as the Governing Body of County Service Areas Adopting Assessments and Confirming Reports Re:  Levies to be Collected on the Tax Roll for Fiscal Year 2001-02.

4. Adopt a Resolution Entitled Resolution of the Board of Supervisors Acting as the Governing Body of County Service Area No. 26 – Rancho San Diego Local Park District, County Service Area No. 128 – San Miguel Local Park District, and County Service Area No. 83, Zone A  – San Dieguito Local Park District Adopting Charges and Confirming Reports Re:  Levies to be Collected on the Tax Roll for Fiscal Year 2001-02.

5. Adopt a Resolution Entitled Resolution of the Board of Supervisors Acting as the Governing Body of County Service Area No. 135, Zones B – Del Mar, H – Solana Beach, and F – Poway Adopting Levies and Confirming Reports Re:  Special Taxes to be Collected on the Tax Roll for Fiscal Year 2001-02.

6. Adopt a Resolution Entitled Resolution of the Board of Supervisors Acting as the Governing Body of County Service Area No. 107 – Elfin Forest, County Service Area No. 113 – San Pasqual, and County Service Area No. 109 – Mt. Laguna Adopting Levies and Confirming Reports Re:  Special Taxes to be Collected on the Tax Roll for Fiscal Year 2001-02.

7. Adopt a Resolution Entitled Resolution of the Board of Supervisors Acting as the Governing Body of County Service Area No. 17 – San Dieguito Emergency Medical Services and County Service Area No. 69 – Heartland Paramedic Services Adopting Levies and Confirming Reports Re:  Special Taxes to be collected on the Tax Roll for Fiscal Year 2001-02.

ACTION:

ON MOTION of Supervisor Roberts seconded by Supervisor Cox, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting the following Resolutions, entitled:

01-220  RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THEGOVERNING BODY OF SAN DIEGO COUNTYWIDE  PERMANENT ROAD  DIVISION NO. 1000 ZONES ADOPTING ASSESSMENTS ANDCONFIRMING REPORTS RE:  LEVIES TO BE COLLECTED ON  THE TAX     ROLL FOR FISCAL YEAR 2001-02;

01-221  RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF COUNTY SERVICE AREAS ADOPTING  ASSESSMENTS AND CONFIRMING REPORTS REGARDING LEVIES TO BE    COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2001-02;

01-222  RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF COUNTY SERVICE AREA NO. 26- RANCHO SAN DIEGO LOCAL PARK DISTRICT,  COUNTY SERVICE AREA NO. 128 - SAN MIGUEL LOCAL PARK DISTRICT,   AND COUNTY SERVICE AREA NO. 83, ZONE A - SAN DIEGUITO LOCAL PARK DISTRICT ADOPTING CHARGES AND CONFIRMING REPORTS RE:  LEVIES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2001-02;

01-223  RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY  OF COUNTY SERVICE AREA NO. 135, ZONES B - DEL MAR, H - SOLANA BEACH, AND F – POWAY ADOPTING LEVIES AND CONFIRMING REPORTS RE:  SPECIAL TAXES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2001-02;

01-224  RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY  OF COUNTY SERVICE AREA NO. 107 - ELFIN  FOREST, COUNTY SERVICE AREA NO. 113 - SAN PASQUAL AND  COUNTY SERVICE AREA NO. 109 - MT. LAGUNA ADOPTING LEVIES AND  CONFIRMING REPORTS RE:  SPECIAL TAXES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2001-02; and

01-225  RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THEGOVERNING BODY OF COUNTY SERVICE AREAS NO. 17 - SAN DIEGUITO EMERGENCY MEDICAL SERVICES AND NO. 69 -  HEARTLAND  PARAMEDIC SERVICES ADOPTING LEVIES AND CONFIRMING REPORTS RE:  SPECIAL TAXES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2001-02

AYES:  Cox, Jacob, Slater, Roberts, Horn

4.

SUBJECT:

NOTICED PUBLIC HEARING:

CONFIRMATION OF ASSESSMENTS FOR THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT FOR FISCAL YEAR 2001-02 (DISTRICT: ALL)

(CARRYOVER FROM 07/11/2001, AGENDA NO. 8)

OVERVIEW:

On July 11, 2001 (8), the Board of Supervisors adopted a Resolution of  Intention to Order Improvements for the San Diego County Lighting District; and set a hearing for August 1, 2001.

The San Diego County Street Lighting District operates and maintains 8,500 public street lights throughout the unincorporated area of the County.  The District is funded through a portion of the one-percent property tax and assessments charged to properties that benefit from the lights. The proposed rate of $2.50 per benefit unit is unchanged since 1990. 

The assessments are confirmed by the Board of Supervisors at an annual public hearing by adopting a resolution confirming the assessments at the close of the hearing.

FISCAL IMPACT:

Funds for this proposal are budgeted in the San Diego County Street Lighting District.  If approved, this request will result in no additional current year cost, no annual cost, and require no additional staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

At close of the public hearing, adopt a Resolution entitled Resolution Confirming Diagram and Assessments in the San Diego County Street Lighting District.

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting Resolution No. 01-226, RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENTS IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT.

AYES:  Cox, Jacob, Slater, Roberts, Horn

5.

SUBJECT:

NOTICED PUBLIC HEARING:

SAN DIEGO COUNTY TRANSIT SYSTEM FISCAL YEAR 2001-02 TRANSPORTATION DEVELOPMENT ACT CLAIMS, RURAL BUS SERVICE CONTRACT AND FEE ADJUSTMENT, AWARD OF CONTRACT WITH LAIDLAW TRANSIT, INC., FOR SUBURBAN TRANSIT SERVICES, AND BUS PURCHASE (DISTRICTS: ALL)

(CARRYOVER FROM 07/11/2001, AGENDA NO. 5)

OVERVIEW:

On July 11, 2001 (5), the County Board of Supervisors directed the Clerk of the Board of Supervisors to set a public hearing for August 1, 2001, at 9:00 A.M.

On April 4, 2001 (8), the County Board of Supervisors directed the Chief Administrative Officer to explore the possibility of divestiture of County Transit System (CTS) to Metropolitan Transit Development Board (MTDB). Analysis of possible divestiture and its implementation are in progress. While analysis proceeds, CTS must ensure transit funding, contracts and services to the public are continued.

Recommended action in this letter authorize adjustments to rural bus fares for simplification and to ensure state-required passenger fare ratio is met.

FISCAL IMPACT:

If approved, the Rural Bus fare adjustment is expected to result in an estimated increase in rural passenger fare revenues of $21,753 during Fiscal Year 2001-02.  Note that total Rural Bus costs include buses, facilities and service contracts.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

At close of August 1, 2001, hearing, adopt a Resolution entitled Resolution Authorizing a Passenger Fare Adjustment for San Diego County Transit System Rural Bus Service, effective August 13, 2001.

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors closed the hearing, adopting Resolution No. 01-227 entitled:  RESOLUTION AUTHORIZING A PASSENGER FARE ADJUSTMENT ON SAN DIEGO COUNTY TRANSIT SYSTEM RURAL BUS SERVICE, effective August 13, 2001, with the following change:  the credit for the Metropolitan Transit System pass be adjusted from $1.50 to $1.00 for rides having a $2.00 cash fare and from $1.50 to $2.00 for rides having a $3.00 cash fare, on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn

6.

SUBJECT:

PRESERVING AGRICULTURAL OPEN SPACE (DISTRICT: 2)

OVERVIEW:

The recommended actions help expand the County’s programs to preserve open space and may generate unanticipated revenue to purchase open space easements.  The proposed federal program supported by these actions would provide funding to the County to purchase open space easements on agricultural lands from willing property owners.  Such easements would preserve the land as open space, while permitting compatible agricultural uses and financial benefit to the property owner.

FISCAL IMPACT:

There is no fiscal impact related to this proposal.

RECOMMENDATION:

SUPERVISOR JACOB:

1.               Direct the Chief Administrative Officer to add the County of San Diego to the list of supporters of the Environmental Defense Fund position paper backing H.R. 2375, the Working Lands Stewardship Act, a position paper endorsed by broad-based coalition representing agricultural, environmental, public policy, and academic organizations.

2.               Direct the Chief Administrative Officer and the County’s Washington, D.C. representatives to work with the County’s federal legislators and other interested parties to support a H.R. 2375, the Working Lands Stewardship Act, with special attention to the “Farmland Protection Program” contained in Title I of the bill.

3.               Direct the Chief Administrative Officer and the County’s Washington, D.C. representatives to work with the County’s federal legislators and other interested parties, upon the enactment of H.R. 2375, to secure from the Secretary of Agriculture the designation of the County of San Diego as a “priority region” within the “Conservation Corridor Program,” as described in Title VIII Section 801(b) of H.R. 2375, to help the County of San Diego obtain federal funding for the voluntary programs contained in the bill that assist interested property owners.

4.               Direct the Chief Administrative Officer to develop a County program to purchase open space easements on agricultural lands from interested property owners, contingent upon federal funding and the enactment of H.R. 2375, provided that participation from property owners is voluntary and that such a program would enable the County to reach specific agreements with individual property owners allowing agricultural uses of the land compatible with both preserving the land as open space and maintaining the use of the land.

5.               Direct the Chief Administrative Officer to report back to the Board within onehundred twenty (120) days regarding above directives.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, authorized Supervisor Cox as the County's representative to California Supervisors Association of Counties (CSAC) to forward this item to CSAC to seek all counties support for this legislation.

AYES:  Cox, Jacob, Slater, Roberts, Horn

7.

SUBJECT:

APPLICATION FOR AND ACCEPTANCE OF THE FOOD AND DRUG ADMINISTRATION INNOVATIVE FOOD SAFETY PROJECTS GRANT (DISTRICT: ALL)

OVERVIEW:

The Department of Environmental Health’s Food and Housing Division protects citizens from foodborne illnesses by inspecting health-regulated establishments on a regular basis and ensuring they comply with local, State and Federal health and food safety regulations. The Department of Environmental Health requests Board authorization to apply to the Federal Food and Drug Administration for a $50,000 grant to fund a program improvement project, and accept the grant, if awarded.  The goal of this project is to improve the food safety program by implementing a framework and procedures based on the Food and Drug Administration’s National Retail Food Regulatory Program Standards.  These standards consist of nine specific criteria established for model food safety programs nationwide.  This project will apply to all retail food facilities in the County, including restaurants.

FISCAL IMPACT:

Funds for this request are not budgeted.  The funding source is the Innovative Food Safety Projects Grant.  This grant is for a 12-month period beginning September 2001.  If approved, this request will result in an estimated $36,271 in direct costs, $37,500 in revenue, and will have a positive impact of $1,229 to the General Fund as a result of external overheads recovered in FY 01-02.  In FY 02-03, there will be an estimated $12,090 in direct costs, $12,500 in revenue, and a positive impact of $410 to the General Fund.  If the grant is awarded, DEH will request revenue and appropriations through the budget adjustment process for FY 01-02 and will include revenue and appropriations in the budget for FY 02-03.  This request requires the addition of 0 staff years.  This is a full cost recovery grant.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

Authorize the Director, Department of Environmental Health, as agent of the County, to conduct all negotiations and submit all documents including, but not limited to, applications, contract agreements, amendments and payment requests which may be necessary to secure a Food and Drug Administration grant in the amount of $50,000 for implementation of the National Regulatory Retail Food Program Standards for the term September 2001 through September 2002, including any extensions or amendments thereof, that do not materially impact or alter either the grant program or funding level.

ACTION:

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

8.

SUBJECT:

ADDITIONAL APPROPRIATIONS FOR SLURRY SEALING ON VARIOUS COUNTY ROADS (DISTRICT: ALL)

OVERVIEW:

On May 23, 2001 (16), the Board authorized advertisement and subsequent award of a contract to the lowest responsible bidder to resurface 101 centerline miles in both Road Maintenance Divisions.  This action encumbered $2,125,000 of Gas Tax.

The County advertised a large, countywide slurry sealing contract in hopes of realizing cost savings from economy of scale.  The bid package was structured with multiple bid schedules, each representing a group of roads scheduled for slurry sealing.  Staff did  not anticipate being able to award all bid schedules because of funding restraints, but planned to award a contract to the lowest bidder for the largest number of bid schedules possible.  The countywide strategy was successful, and favorable bids afford the County an opportunity to take advantage of the low bid and complete the entire set of bid packages by supplementing budgeted funds with available road maintenance funds to cover contract contingencies. 

This is a request to use additional appropriations of $ 421,362.60 from the FY 01-02 DPW Detailed Work Program to ensure adequate funds are available for award of the entire contract to the lowest responsible bidder, and to provide adequate contract contingencies.  This will bring the total construction budget to $ 2,546,362.60 including contingency. 

FISCAL IMPACT:

This request is budgeted in the Department of Public Works Detailed Work Program. Funding source is Gas Tax. If approved, this project will result in current year cost of $421,362.60 and $2,125,000.00 in funds previously approved for this project and carried over from FY 00-01. There will be no subsequent year cost and no additional staff years will be required. This project will have no impact on the General Fund.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

Authorize additional appropriations in the amount of $421,362.60, over what was previously authorized by the Board of Supervisors for the FY 2000-01 slurry seal project (Activity 4C1000 FY 2000-01 Road Maintenance) based on funds budgeted in the FY 2001-02 Detailed Work Program (Activity 4C2000 FY 2001-02 Road Maintenance).

ACTION:

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

9.

SUBJECT:

CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT FOR TRAFFIC COLLISION RECORD SOFTWARE  (DISTRICT: ALL)

OVERVIEW:

The California Office of Traffic Safety funds grants designed to address traffic safety priority areas. These areas include police traffic services, issues related to alcohol and other drugs, occupant protection, pedestrian and bicycle safety, emergency medical services, traffic records, and roadway safety. Grants may be for assistance in mitigating traffic safety program deficiencies, expansion of an ongoing activity, or development of a new program.

The Traffic Engineering Section of the Department of Public Works currently tracks road condition information in a database.  The database software does not include a module for traffic collision reports.  Recording and analyses of traffic collision reports would greatly enhance the department's ability to identify potential problem areas and patterns of collisions.  The goal of this engineering project is to identify and purchase computer software to enhance the efficiency and accuracy of identification, analysis and subsequent mitigation of critical collision locations.  Timely access to current and complete traffic data will help traffic engineers identify and isolate critical traffic safety issues on County maintained roads.

This is a request for approval to execute an agreement with the Office of Traffic Safety to accept a $50,000 grant for a traffic collision recording software module. The new system will be implemented during the current fiscal year.

FISCAL IMPACT:

Funds for this project are budgeted in the Department of Public Works in anticipation of a grant from the Office of Traffic Safety.  If approved, this request will result in $50,000 current year cost and revenue, no annual cost and will require no additional staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER.

1.               Find that pursuant to Section 15061(b)(3) of the State California Environmental Quality Act Guidelines, this project is categorically exempt form CEQA review because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment.

2.               Approve and authorize the Director, Department of Public Works, or his designee, as County agent to execute a grant agreement and all necessary documents for a grant in the amount of $50,000 from the California Office of Traffic Safety for traffic collision software.

ACTION:

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

10.

SUBJECT:

AUTHORIZATION FOR DIRECTOR OF PUBLIC WORKS TO APPROVE AND EXECUTE PROGRAM SUPPLEMENTS FOR FEDERALLY FUNDED PROJECTS (DISTRICT: ALL)

OVERVIEW:

The federal bridge replacement and rehabilitation program and various other federal transportation programs provide funding assistance for eligible projects on public roads.  The California Department of Transportation (Caltrans) distributes this funding, which is accepted by the County through the acceptance of a Program Supplement to the Master Agreement for federal Aid Transportation Projects by the Board of Supervisors. 

In order to expedite and streamline project delivery, Caltrans recommends that the Director of Public Works be delegated the authority to approve and execute these Program Supplements. The Master Agreement for Federal Aid Projects and project approvals, such as those for contracts to design and construct projects, would still be brought before the Board for approval.

This is a request to adopt a Resolution authorizing the Director of Public Works to approve and execute Program Supplements on federally funded projects.

FISCAL IMPACT:

There will be no fiscal impact as a result of this action.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

Adopt a Resolution entitled Resolution Designating the Director, Department of Public Works, or his/her Designee, as County Officer Authorized to Approve and Execute Program Supplements to the Master Agreement, accepting Federal Funding for Transportation Related Federal Aid Projects.

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 01-228 , entitled:  RESOLUTION DESIGNATING THE DIRECTOR, DEPARTMENT OF PUBLIC WORKS, OR HIS/HER DESIGNEE, AS COUNTY OFFICER AUTHORIZED TO APPROVE AND EXECUTE PROGRAM SUPPLEMENTS TO THE MASTER AGREEMENT, ACCEPTING FEDERAL FUNDING FOR TRANSPORTATION RELATED FEDERAL AID PROJECTS

AYES:  Cox, Jacob, Slater, Roberts, Horn

11.

SUBJECT:

AGREEMENT WITH EARTH TECH, INC. TO PROVIDE CONSTRUCTION INSPECTION SERVICES ON AN AS-NEEDED BASIS (DISTRICT: ALL)

OVERVIEW:

The Department of Public Works has need for a consultant firm to provide construction inspection services during intermittent peak workload periods for various Department of Public Works projects, private subdivisions and development permits.  Construction inspection must be conducted by qualified engineers with an understanding of construction standards, plans, specifications, and knowledge of stormwater Best Management Practices.  Using a private consultant on an as-needed basis will ensure completion of projects in a timely manner. 

Public agencies in California must use a Qualifications Based Selection method to contract for consultant services.  This method requires such services be engaged on basis of demonstrated competence and qualifications for types of services to be performed at a fair and reasonable cost.  Board Policy F-40 (Procuring Architectural, Engineering and Related Professional Services) describes the County’s method for Qualifications Based Selection.  In accordance with provisions of the policy, three consultant firms from the Joint County/City of San Diego list for Construction Administrative Services – Inspection were interviewed.  A contract with the highest ranked firm has been awarded by prior Board action.  Earth Tech, Inc. was selected for this procurement as the next most qualified firm to perform required services.

This is a request to approve an agreement with the consultant firm of Earth Tech, Inc. to provide construction inspection services on an as-needed basis for compensation not to exceed $250,000.  The two-year agreement term will commence upon Board approval.

FISCAL IMPACT:

Funds for this request are budgeted.  Funding source is TransNet, but services attributable to private development will be recovered through developer fees. If approved, this request will result in $250,000 current year cost, no annual cost, and will require no additional staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.               Find pursuant to Section 15061(b)(3) of California Environmental Quality Act (CEQA) Guidelines, requested actions are exempt from CEQA because it can be seen with certainty there is no possibility the activity in question may have a significant effect on the environment.

2.               Approve and authorize the Clerk of the Board to execute, upon receipt, an agreement with Earth Tech, Inc. to provide construction inspection services on an as-needed basis for compensation not to exceed $250,000, for a two-year term commencing upon Board approval.

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

ACTION:

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

12.

SUBJECT:

AMENDMENTS TO CONTRACTS WITH BROWN AND CALDWELL FOR ASSISTANCE WITH SAN MARCOS LANDFILL CLOSURE REQUIREMENTS (DISTRICT: 5)

OVERVIEW:

On June 4, 1996 (36), the Board authorized Director of Purchasing and Contracting to issue a Request for Proposals and award a contract for assistance in meeting Closure Requirements for the San Marcos Landfill.  A contract for $210,000 was negotiated and awarded to Brown and Caldwell.  This contract included all tasks required to close the site in accordance with existing regulations. These tasks included preparation of a Subsequent Environmental Impact Report (SEIR) to update the landfill expansion EIR of 1992, design, specifications, cost estimates and bid documents, revegetation plan for the post-closure period, and project management. The contract with Brown and Caldwell has been amended twice to provide for required environmental services. The most recent court order regarding the closure and post closure maintenance resulted in several new requirements, which will result in revisions to the closure plan and its associated EIR. A third amendment to the Brown and Caldwell contract is now needed to complete these required tasks, estimated at a cost of $500,000.

Amending the existing contract with Brown and Caldwell will ensure the closure process is continued in a timely, safe and cost-effective manner. Once amendment is approved, Brown and Caldwell will prepare the Final EIR, final closure design, specifications, updated cost estimates, a vegetation monitoring plan, construction bid documents, and other tasks related to closure.

FISCAL IMPACT:

Funding for this request is available in the Department of Public Works General Fund (Org 5872), San Marcos Landfill Closure Reserve. This funding was carried over and encumbered from FY 2000-01 unanticipated earnings interest generated by the San Marcos Landfill Closure Reserve. Approval of this request will result in a current year expenditure of up to $500,000. There will be no subsequent year cost and no additional staff years are required.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.               Find pursuant to Section 15061 (b)(3) of California Environmental Quality Act (CEQA) Guidelines that this amendment is not subject to CEQA because it can be seen with certainty there is no possibility it may have a significant effect on the environment.

2.               Authorize the Director, of Department of Purchasing and Contracting, in accordance with Section 403 of the County Administrative Code, to amend the contract with Brown and Caldwell for an amount not to exceed $500,000.

ACTION:

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

13.

SUBJECT:

EXECUTION OF AGREEMENT WITH OTAY WATER DISTRICT FOR RESURFACING THREE SPRING VALLEY AREA ROADS AFTER UTILITY EXCAVATION (DISTRICT: 4)

OVERVIEW:

The Otay Water District has installed water utilities on Avenida Angulia, Lechuza Lane and Paseo Iglesia in the vicinity of Spring Valley.  As a condition of Excavation Permits issued by the County, Otay Water District is required to resurface these roads upon project completion.  In lieu of performing the resurfacing work, Otay Water District has requested the County to do this work at the expense of Otay Water District.

This is a request to execute an agreement with the Otay Water District for financing and reimbursement arrangements for resurfacing Avenida Angulia, Lechuza Lane and Paseo Iglesia. Upon Board approval, staff will proceed with road resurfacing and reimbursement from Otay Water District.

FISCAL IMPACT:

The current resurfacing contract contains sufficient funds for this work. If approved this request will result in current year cost and revenue of $18,000, no subsequent year costs, and no additional staff years. There will be no fiscal impact to the County General Fund.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.               Find in accordance with Section 15301 of California Environmental Quality Act (CEQA) Guidelines that this project is categorically exempt from provisions of the CEQA since it consists of maintenance and repair of existing facilities with no increase in capacity.

2.               Authorize the Clerk of the Board to execute three originals of an Agreement Between the County of San Diego and the Otay Water District for the Resurfacing of Avenida Angulia, Lechuza Lane and Paseo Iglesia in the Vicinity of Spring Valley.

ACTION:

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

14.

SUBJECT:

APPLICATION AND ACCEPTANCE OF STATE FUNDING FOR FY 2001-2002 LOCAL GOVERNMENT WASTE TIRE PUBLIC EDUCATION AND AMNESTY GRANT (DISTRICT: ALL)

OVERVIEW:

On November 11, 1993, the State of California banned the disposal of whole tires at landfills in California.  Since then, the County has offered amnesty days and public education for recycling and disposal of tires funded partially through state grants.

This is a request for Board authorization to apply for funding from the Integrated Waste Management Board and accept funds, if awarded. The amount will be approximately $20,000 and will be used to fund Waste Tire Amnesty Day collection events in the unincorporated area and an update of the County-published Tire Recycling Guide.

This is also a request to authorize the Director, Department of Purchasing and Contracting, to issue Requests for Bids and negotiate terms for contracts to complete projects included in waste tire amnesty and public education proposed to the Integrated Waste Management Board for funding.

FISCAL IMPACT:

If approved, costs and revenue related to these actions will be budgeted in FY 2002-03 and FY 2003-04. Funding sources are an Integrated Waste Management Board grant in the amount of $20,000, and Solid Waste Management Agreement Fee revenue, which will fund the required 50% match and any overhead costs. This action will require no current year cost or additional staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

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

2.               Adopt the Resolution entitled Resolution Authorizing Application for State Funding for FY 2001-2002 Local Government Waste Tire Public Education and Amnesty Grant and authorize the Clerk of the Board to sign the Resolution on behalf of the Board of Supervisors.

3.               Authorize the Director of the Department of Public Works, or his designee, as agent of the County to conduct all negotiations and submit all documents including, but not limited to, applications, contracts, payment requests, agreements and amendments which may be necessary to secure funding.

4.               Authorize the Director, Department of Purchasing and Contracting, in accordance with Section 401 of the County Administrative Code, to issue one or more Requests for Bid (RFB), negotiate, and award contracts to acquire waste tire disposal services, drop-off center recycling services and/or public education services for the Department of Public Works, subject to the approval of the Director, Department of Public Works.

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 01-229 , entitled:  RESOLUTION AUTHORIZING APPLICATION FOR 2001-2002 PUBLIC EDUCATION AND AMNESTY DAY GRANT.

AYES:  Cox, Jacob, Slater, Roberts, Horn

15.

SUBJECT:

USE OF 3.28 ACRES OF THE COUNTY OF SAN DIEGO’S FIVE PERCENT COASTAL SAGE SCRUB LOSS ALLOTMENT BY WOODWARD INVESTMENTS ASSOCIATES, LLC AND THE CITY OF SAN MARCOS IN RETURN FOR MITIGATION CREDITS (DISTRICT: 5)

OVERVIEW:

The 1993 listing of the California gnatcatcher as threatened under the Federal Endangered Species Act imposed restrictions on clearing of the Coastal Sage Scrub habitat in the County.  In 1994 the United States Fish & Wildlife Service issued a Special Rule for the California gnatcatcher under Section 4(d) of the Federal Endangered Species Act.  This allowed the “take” of up to five percent of the remaining Coastal Sage Scrub habitat within each jurisdiction enrolled in or actively developing a Natural Communities Conservation Planning Program.  Once the five percent allotment is exhausted no further take of Coastal Sage Scrub is allowed until a Natural Communities Conservation Program Plan is adopted by the jurisdiction.  The County of San Diego has adopted a Natural Communities Conservation Program Plan for one Subarea of the County, and is actively preparing plans for the northern and eastern Subareas of the County.

Several jurisdictions have exhausted their five percent allotment under the 4(d) rule and are unable to authorize the clearing of Coastal Sage Scrub habitat by new development projects.  On occasion, these jurisdictions, or property owners in these jurisdictions, have requested that the Board allow the loss of Coastal Sage Scrub habitat associated with their projects to be counted against the County’s five percent allotment.  The Board has granted several such requests, totaling approximately 1,000 acres.  On October 13, 1998 (16), the Board established a procedure for such requests and conditions under which they may be granted (Board Policy I-122, Use of the County’s Five Percent Allowable Loss of Coastal Sage Scrub by Other Jurisdictions or Property Owners).

The City of San Marcos has exhausted its five percent Coastal Sage Scrub habitat loss allotment.  In a letter dated March 5, 2001 the project developer of the Woodward Senior Housing Project through the City of San Marcos requested the use of 3.28 acres of the County’s five percent Coastal Sage Scrub loss allotment.  The United States Fish & Wildlife Service and the California Department of Fish & Game concurred with the request for use of the County’s five percent Coastal Sage Scrub habitat loss allotment in a letter to the City of San Marcos (FWS-SDG-1228.2).

The City of San Marcos submitted a letter to the County of San Diego dated March 5, 2001, formally requesting the use of 3.28 acres of the County’s five percent Coastal Sage Scrub habitat loss allotment for the Woodward Senior Housing Project.  This letter and attachments were reviewed by County staff to ensure that the requirements of Board Policy I-122 were fulfilled, i.e. that the project conformed with all requirements of the Wildlife Agencies, that the jurisdiction requesting use of the County’s five percent Coastal Sage Scrub habitat loss allotment had exhausted its own five percent Coastal Sage Scrub habitat loss allotment, and that adequate compensation would be provided to the County in the form of 3.28 mitigation credits in The Heights at Pala Mesa Conservation Bank purchased by the project developer.

FISCAL IMPACT:

The proposed action would have no direct fiscal impact on the County General Fund.  A sum of $5,000 was deposited with the County on May 14, 2001 to offset the County Staff costs associated with this request (WN 6343).

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1.     Find that the proposed action is categorically exempt from the California Environmental Quality Act under Section 15313 (Acquisition of Lands for Wildlife Conservation Purposes)

2.     Approve and authorize the proposed use of 3.28 acres of the County’s five percent allowable loss of Coastal Sage Scrub (CSS) habitat by the City of San Marcos for the Woodward Senior Housing Project, and concurrently find this action to meet the requirements 1 and 2 of Board Policy I-122, Use of the County’s Five Percent Allowable Loss of Coastal Sage Scrub by Other Jurisdictions or Property Owners.

3.     Waive requirement 3 of Board Policy I-122, Use of the County’s Five Percent Allowable Loss of Coastal Sage Scrub by Other Jurisdictions or Property Owners, regarding compensation through land in fee title or an equivalent dollar amount.

4.     Approve and authorize the Clerk of the Board to accept 3.28 mitigation credits in The Heights at Pala Mesa Conservation Bank located in Fallbrook.

5.     Approve and authorize County staff to notify the City of San Marcos and the Wildlife Agencies (California Department of Fish & Game and the U.S. Fish and Wildlife Service) that 3.28 acres of Coastal Sage Scrub habitat will be deducted from the County’s five percent Coastal Sage Scrub habitat loss allowance.

ACTION:

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

16.

SUBJECT:

ADMINISTRATIVE ITEM:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

OVERVIEW:

On July 18, 2001 (4), your Board introduced Ordinances for further Board consideration and adoption on August 1, 2001.

The Traffic Advisory Committee (TAC) meets every six weeks to review proposed changes or additions to regulatory traffic controls.  Fifty items were on the Committee’s May 18, 2001 meeting agenda.  The Committee recommends your action on 44 items, as six items (5G, 5H, 5I, 5J, 5K and 5L) were continued prior to the meeting at the request of the Borrego Springs Sponsor Group.  Of the 44 items, 34 are recommended for adoption.  The Committee recommends non-adoption or alternative action for 10 items (2C, 2D1, 2H, 2I, 2K, 3A, 4A, 5A1, 5A2 and 5E).

This item also requests action on six District 3 items that were on the Committee's November 11, 2000 meeting, but were withdrawn before going to the Board. They are items 3-G1 through 3-G6, all dealing with all-way stop controls in Fairbanks Ranch. The Board is asked to establish two of the controls, and to not establish controls at four of the intersections.

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.     Montecito Road from a point 800 feet east of Alice Street westerly to End, RAMONA-Continue request for radar certification to the next Traffic Advisory Committee meeting.

2-B.     Raymond Avenue and Hunter Street, RAMONA-File report regarding the effectiveness of replacing yield controls with stop controls at this intersection.

2-C.     Proctor Valley Road and Proctor Valley Lane, JAMUL-Do not establish an all-way stop control.  The Committee also recommends Department of Public Works (DPW) continue negotiations with property owner on northwest corner of  intersection to relocate his fence to maximize visibility to the north.

2-D1.   Jamacha Boulevard at entrance to Spring Valley Community Park, SPRING VALLEY-Do not place on County’s Traffic Signal Priority List.

2-D2.   Jamacha Boulevard and Gillispie Drive, SPRING VALLEY-Place on County’s Traffic Signal Priority List.

2-E.     Maine Avenue, west side, from south line of Lakeshore Drive southerly 180 feet, LAKESIDE-Establish 30-minute time limit parking between 10 AM and 8 PM, Monday through Saturday.

2-F.     Avocado Boulevard between El Cajon City Limit and Madrid Way, EL    CAJON/LA MESA-Continue request for radar re-certification to the August 10^th Traffic Advisory Committee meeting..

2-G.     Jamacha Boulevard between Sweetwater Road and La Presa Avenue, SPRING VALLEY-Direct existing 40 MPH speed limit be re-certified for radar speed enforcement.

2-H.     Alpine Boulevard and South Grade Road/Victoria Drive (east leg), ALPINE-Do not establish an all-way stop control.

2-I.      Felicita Avenue and San Francisco Street, SPRING VALLEY-Do not establish an all-way stop control. The Committee also recommends DPW investigate removing tree on northwest corner of intersection to improve sight distance for eastbound motorists.

2-J.      Wildcat Canyon Road between Willow Road and San Vicente Road, LAKESIDE-Establish a 7-Ton weight limitation. Designate State Route 67 and Tenth Street/San Vicente Road as unrestricted alternate route for heavy commercial vehicles.

2-K.     Winter Gardens Boulevard and Golden Ridge Road, LAKESIDE-Do not place on County’s Traffic Signal Priority List. The Committee also recommends DPW continue to pursue improving conditions on northwest corner of  intersection.

2-L.     Pala Street and Raymond Avenue, RAMONA-Establish a stop control for southbound traffic on Pala Street.

2-M.    Royal Road, north side, from a point 640 feet east of Winter Gardens Boulevard easterly 300 feet, LAKESIDE- Continue request for a parking prohibition to the  August 10^th Traffic Advisory Committee meeting.

2-N1.   Winter Gardens Boulevard, west side, from a point 110 feet south of Lemon Crest Drive southerly 80 feet, LAKESIDE-Amend existing bus loading zone for recordkeeping purposes.

2-N2.   Hilton Head Road, east side, from north line of Inverary Drive northerly 100 feet, RANCHO SAN DIEGO-Amend existing bus loading zone for recordkeeping purposes.

2-N3.   Willows Road @ East Entrance to Viejas Casino & Outlet Center, WILLOWS-   Legalize existing all-way stop control.

2-N4.   Pinery Grove @ Mast Boulevard, LAKESIDE-Legalize existing stop control     for southbound traffic on Pinery Grove.

2-N5.   Ora Belle Lane  @ Los Coches Road, LAKESIDE-Legalize existing stop control for eastbound traffic on Ora Belle Lane.

2-N6.   Gay Rio Drive @ Melrose Lane, LAKESIDE-Legalize existing stop control for southbound traffic on Gay Rio Drive.

2-N7.   Vine Street, both sides, from a point 830 feet south of Woodside Avenue southerly 60 feet (cul-de-sac), LAKESIDE-Establish a parking prohibition.

2-N8.   Lindo Lane, north side, from a point 770 feet west of Caraway Street westerly to Chestnut Street, LAKESIDE-Establish a parking prohibition.

2-N9.   Chestnut Street, east side, from Lindo Lane northerly to a point 100 feet south of Woodside Avenue, LAKESIDE-Establish a parking prohibition. 

District 3

3-A.     Avenida de Acacias and Lago Lindo, RANCHO SANTA FE-Do not establish an all-way stop control.  The Committee also recommends DPW attempt to improve  sight distance on northwest corner of intersection.

3-B.     La Granada between Los Morros and Avenida de Acacias, RANCHO SANTA FE-Continue request for radar-recertification to the August 10^th Traffic Advisory Committee meeting.

3-C.     Paseo Delicias between Via de la Valle and El Montevideo/La Valle Plateada, RANCHO SANTA FE-Continue request for radar re-certification to the August 10^th Traffic Advisory Committee meeting.

3-D.     Lake Drive/Rancho Drive between Del Dios Highway and Via Rancho Parkway, DEL DIOS-Establish a 7-ton weight limitation.  Designate Del Dios Highway and Via Rancho Parkway as unrestricted alternate route for heavy commercial vehicles.

3-G1.   San Dieguito Road at Circa del Norte (West), FAIRBANKS RANCH-Establish an all-way stop control. (from the November 17, 2000 TAC Agenda)

3-G2.   San Dieguito Road at Circa del Sur (West), FAIRBANKS RANCH-Establish an all-way stop control. (from the November 17, 2000 TAC Agenda)

3-G3.   San Dieguito Road at Via Dos Valles, FAIRBANKS RANCH-Do not establish an all-way stop control. (from the November 17, 2000 TAC Agenda)

3-G4.   San Dieguito Road at Circa del Sur (East), FAIRBANKS RANCH-Do not establish an all-way stop control. (from the November 17, 2000 TAC Agenda)

3-G5.   San Dieguito Road at Circa del Norte (East), FAIRBANKS RANCH-Do not establish an all-way stop control. (from the November 17, 2000 TAC Agenda)

3-G6.   San Dieguito Road at Circa Oriente, FAIRBANKS RANCH-Do not establish an all-way stop control. (from the November 17, 2000 TAC Agenda)

District 4

4-A.     Elkelton Boulevard and Innsdale Avenue, LA PRESA-Do not establish an all-way stop control.

District 5

5-A1.   Old Stage Road and Clemmens Lane, FALLBROOK-Do not establish an all-way stop control.

5-A2.   Old Stage Road and Aviation Road, FALLBROOK-Do not establish an all-way stop control.

5-B.     Old Stage Road between South Mission Road and Fallbrook Street, FALLBROOK-Establish a 7-ton weight limitation. Designate South Mission Road and Fallbrook Street as unrestricted alternate route for heavy commercial vehicles.

5-C.     Old Stage Road between South Mission Road and Fallbrook Street, FALLBROOK-Delete existing 35 MPH speed limit.  Post the 25 MPH Business/Residence District speed limit between Fallbrook Street and Via Cassandra. 

5-D.     Old Castle Road from a point 3400 feet east of Champagne Boulevard easterly to a point 550 feet east of Mile Post 6, ESCONDIDO/VALLEY CENTER-(1) Amend the existing limits of the 50 MPH speed limit zone on Old Castle Road to Champagne Boulevard easterly 3400 feet, (2) establish a 45 MPH speed limit on Old Castle Road from a point 3400 feet east of Champagne Boulevard easterly to a point 550 feet east of Mile Post #6, (3) amend the limits of the existing 55 MPH speed limit on Old Castle Road to a point 550 feet east of Mile Post #6 easterly to Valley Center Road and (4) direct 45 and 50 MPH speed zones be certified for radar enforcement.

5-E.     Old Castle Road from Lilac Road to Champagne Boulevard, ESCONDIDO/VALLEY CENTER-Do not establish a 7-ton weight limitation.

5-F.     Summit Drive and Old San Pasqual Road, ESCONDIDO-Continue request for regulatory controls to the next Traffic Advisory Committee meeting.

5-G.     This item was continued prior to meeting at the request of Borrego Springs Sponsor Group.

5-H.     This item was continued prior to meeting at the request of Borrego Springs Sponsor Group.

5-I.      This item was continued prior to meeting at the request of Borrego Springs Sponsor Group.

5-J.      This item was continued prior to meeting at the request of Borrego Springs Sponsor Group.

5-K.     This item was continued prior to meeting at the request of Borrego Springs Sponsor Group.

5-L.     This item was continued prior to meeting at the request of Borrego Springs Sponsor          Group.

5-M1.  Mimosa Avenue @ Oleander Avenue, VISTA-Replace existing yield control with a stop control for northbound traffic on Mimosa Avenue.

5-M2.  Oleander Avenue @ Mimosa Avenue, VISTA-Remove existing yield control for westbound traffic on Oleander Avenue.

5-M3.  Gum Tree Lane, south side, from a point 720 feet east of Stage Coach Lane easterly 400 feet from 7:30 AM to 2:30 PM on school days,  FALLBROOK-Amend existing passenger loading zone.  (Extend existing passenger loading zone easterly 150 feet.)

5-M4.  Gum Tree Lane, south side, from Stage Coach Lane easterly 720 feet and from a point 1120 feet east of Stage Coach Lane easterly 160 feet, FALLBROOK-Amend existing parking prohibition.  (Combining two parking prohibitions into one, see Item 5-M5.)

5-M5.  Gum Tree Lane, south side, from Stage Coach Lane easterly to the west property line of Frasier Elementary School, FALLBROOK-Delete existing parking prohibition.  (Superceded by another parking prohibition, see Item 5-M4.)

5-M6.  Mirar de Valle Road (future county-maintained roadway), south side, from a point        480 feet east of Red Ironbark Drive (future street) westerly to a point 270 feet west        of  Red Ironbark Drive (future street),  VALLEY CENTER-Establish a parking        prohibition.

5-M7.  Mirar de Valle Road (future county-maintained roadway), north side, from a point 55 feet east of Red Ironbark Drive (future street) westerly to a point 270 feet west of Red Ironbark Drive (future street),  VALLEY CENTER-Establish a parking prohibition.

Countywide

6-A.     Continue to next Traffic Advisory Committee meeting.

6-B.     Adopt proposed barrier resolution.

RECOMMENDATIONS

CHIEF ADMINISTRATIVE OFFICER:

Adopt Ordinances entitled:

AN ORDINANCE ADDING SECTION 72.142.11. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

AN ORDINANCE ADDING SECTION 72.243.33. TO THE SAN DIEGO                           COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY              OF SAN DIEGO

AN ORDINANCE ADDING SECTION 72.243.28.1. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

AN ORDINANCE ADDING SECTION 72.161.24.11. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

AN ORDINANCE AMENDING SECTION 72.161.24.3. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

AN ORDINANCE AMENDING SECTION 72.161.24.1. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

AN ORDINANCE DELETING SECTION 72.171. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent, adopting the following Ordinances, entitled:

9367(NS) AN ORDINANCE ADDING SECTION 72.142.11. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO;

9368(NS) AN ORDINANCE ADDING SECTION 72.243.33. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO ;

9369(NS)  AN ORDINANCE ADDING SECTION 72.243.28.1. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO;

9370(NS)   AN ORDINANCE ADDING SECTION 72.161.24.11. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO;

9371(NS)   AN ORDINANCE AMENDING SECTION 72.161.24.3. OF THE SAN DIEGO  COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO;

9372(NS)  AN ORDINANCE AMENDING SECTION 72.161.24.1. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO; and

9373(NS)  AN ORDINANCE DELETING SECTION 72.171. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO.

17.

SUBJECT:       CLOSED SESSION (DISTRICT:  ALL)

                           (CARRYOVER ITEM FROM 7/31/01, AGENDA NO. 26)

OVERVIEW:

A.; CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

        Pacific Indemnity Company v. County of San Diego; San Diego Superior Court No.         GIC 732418

B.    CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Save Our Forest and Ranchlands v. County of San Diego, et al.; San Diego Superior Court No. 676630

C.     CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

         Lynne Houts v. County of San Diego, et al.; San Diego Superior Court No.            GIE 004043 

D.     PUBLIC EMPLOYEE PERFORMANCE EVALUATION

         Title:  Chief Administrative Officer

E.      PUBLIC EMPLOYEE PERFORMANCE EVALUATION

         Title:  Clerk of the Board of Supervisors

F.      CONFERENCE WITH LABOR NEGOTIATORS

 Designated Representatives:  Carlos Arauz, Madge Blakey and Mike KolbEmployee Organizations:  Deputy District Attorneys Association and Deputy   Public Defenders Association

ACTION:

County Counsel reported the following action:  A decision  relating to Pacific Indemnity Company vs. County of  San Diego, wherein all five members of the Board of Supervisors voting ayes, authorized County Counsel to file