Agenda - FLOOD CONTROL DISTRICT

COUNTY OF SAN DIEGO FLOOD CONTROL DISTRICT

REGULAR MEETING

MEETING AGENDA

WEDNESDAY, JUNE 10, 2026, 9:00 AM

COUNTY ADMINISTRATION CENTER

BOARD CHAMBER, ROOM 310

1600 PACIFIC HIGHWAY

SAN DIEGO, CA 92101

Roll Call

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Approval of the Statement of Proceedings/Minutes for the meeting of May 19, 2026

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Subject

Category

Flood Control

District

ADOPT AN ORDINANCE TO DELEGATE SIGNATORY

AUTHORITIES FOR ENCROACHMENT AGREEMENTS AND

RELATED CEQA EXEMPTION

Agenda Items

DISCUSSION ITEM

SUBJECT:

AUTHORITIES FOR ENCROACHMENT AGREEMENTS AND

RELATED CEQA EXEMPTION (DISTRICTS: ALL)

OVERVIEW

The San Diego County Flood Control District (District) owns and maintains real property across

the unincorporated areas of the County. The San Diego County Board of Supervisors acts as the

Board of Directors for the District. The District also works with the City of Chula Vista and

National City to maintain part of the Sweetwater River Channel for flood control and protection.

District real property includes land; structures such as linear storm drain pipes and channels; and

other real property interests, including drainage and flowage easements. These easements can

extend for hundreds of feet through developed areas. They may support underground pipes, open

channels, and other flood control facilities, and often include surrounding areas that are only

occasionally needed for access or maintenance. In some cases, easements simply provide open

space for surface water drainage. When appropriate, District property can also be used

productively by other property owners, utilities, and organizations, as long as that use does not

interfere with the drainage purposes for which the District acquired the property.

A current section of the San Diego County Flood Control District Act (The Act) authorizes the

District’s Board of Directors (Board) to permit the use of District property when the Board

determines that the use serves the public interest and does not interfere with the purposes for

which the property was originally acquired. The Act grants the Board broad authority to carry

out its responsibilities, including adopting ordinances and resolutions. These ordinances may be

enacted using the same procedures the County of San Diego follows to enact its ordinances.

When the District has not taken specific action on a matter, the authorities and procedures that

apply to the County generally apply to the District. Through taking this action, the Board

provides a standardized process with clear, uniform application by delegating authority to

Director of Public Works, County of San Diego, or designees on routine encroachment permits.

Today’s request is to adopt an ordinance that allows for the use of District real property through

an encroachment permit. The permit will contain provisions that specify the use right is a

revocable license and requires such things as defense and indemnity from the permittee.

Allowing use of District property under these conditions is in the public interest because it

allows for the more productive use of unneeded District property interests in an expedient

manner that will not jeopardize the purposes for which the property was obtained. These

requirements are consistent with the terms imposed by the County for the issuance of

encroachments permits into County highways. The ordinance delegates authority to the Director

of Public Works, County of San Diego, or designees, acting on behalf of the District, to issue

and condition the permits, collect a deposit for the issuance of the permits, and to enforce the

permit requirements.

RECOMMENDATION(S)

CHIEF ADMINISTRATIVE OFFICER

On June 10, 2026:

1. Find that adoption of the proposed ordinance is exempt from review under the California

Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA

Guidelines because there is no possibility for the activity to cause a significant effect on

the environment.

2. Approve the introduction of the following Ordinance (first reading):

AN ORDINANCE ESTABLISHING AN ENCROACHMENT PERMIT PROCESS BY

WHICH USE OF DISTRICT REAL PROPERTY MAY BE ALLOWED.

If, on June 10, 2026, the Board takes action as recommended, then on June 24, 2026:

1. Adopt the following Ordinance (second reading):

AN ORDINANCE ESTABLISHING AN ENCROACHMENT PERMIT PROCESS BY

WHICH USE OF DISTRICT REAL PROPERTY MAY BE ALLOWED.

EQUITY IMPACT STATEMENT

Authorizing signatory authority promotes equity by ensuring that all residents and businesses

have a standardized and transparent process to obtain encroachment agreements with uniform

application fees. It also limits the financial burden on applicants who would otherwise have to

seek more costly avenues to obtain the permits/licenses.

SUSTAINABILITY IMPACT STATEMENT

The proposed action has social, health and well-being, and environmental sustainability benefits.

This action will contribute to the County sustainability goal of protecting the health and

well-being of everyone in the region by regulating how private and public entities use the

District’s flowage and drainage easements.

FISCAL IMPACT

There is no fiscal impact associated with these recommendations. There will be no change in net

General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT

N/A