County of San Diego Board of Supervisors s26

STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING - PLANNING AND LAND USE MATTERS WEDNESDAY, JULY 13, 2011 Board of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California

REGULAR SESSION – Regular Meeting was called to order at 9:01 a.m.

Present: Supervisors Bill Horn, Chairman; Ron Roberts, Vice Chairman; Greg Cox; Dianne Jacob; Pam Slater-Price; also David C. Hall, Assistant Clerk of the Board.

Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meeting June 29, 2011.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meeting of June 29, 2011.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn Note: A public notice was published indicating that today’s agenda would include an item related to land development fees. However, subsequent to the notice published, the Chief Administrative Officer has requested that this item be withdrawn. The land development fee item will be advertised when it moves forward later this year. Board of Supervisors’ Agenda Items

1. NOTICED PUBLIC HEARING: OPTIONS FOR UPDATING EQUINE REGULATIONS IN THE ZONING ORDINANCE, POD 10-010 [FUNDING SOURCE(S): GENERAL FUND FUND BALANCE AVAILABLE] (4 VOTES )

2. NOTICED PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION TO APPROVE WINDSONG PET RESORT MAJOR USE PERMIT; 3300 10-027 (P); NORTH COUNTY METROPOLITAN SUBREGIONAL PLAN AREA

3. NOTICED PUBLIC HEARING: HEARING TO CONFIRM FISCAL YEAR 2011-12 ASSESSMENTS IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT AND LANDSCAPE MAINTENANCE DISTRICT ZONES NO. 1 AND NO. 2 – (5/25/11 - Set Hearing; 7/13/11 - Hearing)

7/13/2011 1 4. NOTICED PUBLIC HEARING: PUBLIC HEARING AND CONFIRMATION OF LEVIES FOR MOSQUITO, VECTOR AND DISEASE CONTROL BENEFIT ASSESSMENT AND MOSQUITO ABATEMENT AND VECTOR CONTROL SERVICE CHARGE [FUNDING SOURCE(S): BENEFIT ASSESSMENT, MOSQUITO ABATEMENT AND VECTOR CONTROL SERVICE CHARGE, AND THE VECTOR CONTROL DISTRICT TRUST FUND FUND BALANCE]

5. NOTICED PUBLIC HEARING: FISCAL YEAR 2011-12 TAX ROLL OF APPROVED FEES AND CHARGES FOR SAN DIEGO COUNTY SANITATION DISTRICT AND CAMPO WATER MAINTENANCE DISTRICT [FUNDING SOURCE(S): ANNUAL SEWER AND WATER SERVICE CHARGES]

(RELATES TO SANITATION DISTRICT AGENDA NO. 1)

6. HEARING TO CONFIRM FISCAL YEAR 2011-12 LEVIES FOR PERMANENT ROAD DIVISION ZONES, COUNTY SERVICE AREAS AND ZONES, AND STORMWATER MAINTENANCE ZONES [FUNDING SOURCE(S): INDIVIDUAL DISTRICT TRUST FUNDS ON DEPOSIT]

(RELATES TO FLOOD CONTROL DISTRICT AGENDA NO. 1)

7. IMPACT FEE DEFERRAL PROGRAM EXTENSION, POD 11-007

(RELATES TO FLOOD CONTROL DISTRICT AGENDA NO. 2)

8. PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – HYBRID PLAN STEP II REORGANIZATION

9. PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – 31st STREET ISLAND DETACHMENT

10. COUNTY AIRPORTS – APPLY FOR AND ACCEPT FEDERAL AND STATE GRANT FUNDS [FUNDING SOURCE(S): FEDERAL AVIATION ADMINISTRATION ENTITLEMENT GRANTS]

7/13/2011 2 11. COUNTY OF SAN DIEGO TRACT NO. 4229-1 (FINAL MAP NO. 11978): APPROVAL OF THIRD AMENDMENT TO AGREEMENT TO IMPROVE SUBDIVISION (EXTENSION OF TIME AND INCREASE IN SECURITY) FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN SAN DIEGUITO COMMUNITY PLAN AREA

12. COUNTY OF SAN DIEGO TRACT NO. 4229-4 (FINAL MAP NO. 12905): APPROVAL OF SECOND AMENDMENT TO AGREEMENT TO IMPROVE SUBDIVISION (EXTENSION OF TIME AND REDUCTION IN SECURITY) FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN SAN DIEGUITO COMMUNITY PLAN AREA]

13. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (06/29/2011 - Adopt Recommendations; 07/13/2011 - Second Reading of Ordinances)

14. ASSUME JOINT AGREEMENTS TO IMPROVE MAJOR SUBDIVISIONS, JOINT LIEN CONTRACTS AND HOLDING AGREEMENT, AND EXTEND TIME TO COMPLETE IMPROVEMENTS for County of San Diego Tract NOS. 4613-4 (FINAL MAP 14945), 4613-5 (FINAL MAP 14946), AND 4613-6 (FINAL MAP 14947), LOCATED in BORREGO SPRINGS COMMUNITY SPONSOR GROUP AREA

15. CLOSED SESSION (CARRYOVER FROM 7/12/11 AGENDA NO. 12) 16. PUBLIC COMMUNICATION

7/13/2011 3 1. SUBJECT: OPTIONS FOR UPDATING EQUINE REGULATIONS IN THE ZONING ORDINANCE, POD 10-010 (DISTRICTS: ALL)

OVERVIEW: On March 2, 2011 (2), the Board of Supervisors directed staff to work with the equine community and investigate options that would protect and promote equestrian operations in the unincorporated area including exploring various permitting options. The focus of the potential changes is existing County regulations pertaining to the permitting of horse stables – in particular, the requirement to obtain a Major Use Permit for a commercial horse stable in certain areas of the unincorporated County, regardless of size or operating characteristics. The purpose of this item is to present options for updating equine regulations in the County’s Zoning Ordinance and receive direction from the Board. Four options have been developed and are discussed in detail in this report.

FISCAL IMPACT: Funds for this request are not included in the Fiscal Year 2011-12 Operational Plan for the Department of Planning and Land Use. If the recommendation to select Option B is approved, this request will result in Fiscal Year 2011-12 costs of $350,000. The funding source is General Fund fund balance available. No additional staff years are required.

The recommended action to pursue Option B will necessitate an environmental analysis. If the Board selects Option A, an environmental analysis for the proposed project may still be required. Either of these options will result in estimated costs of $350,000 for procuring professional services for preparation of an Environmental Impact Report (EIR). Option C, if selected, would require procurement of professional services to prepare technical environmental documents at an estimated cost of $150,000. No costs are associated with Option D.

The addition of the equine regulations project can be accommodated by existing staffing levels. However, this project fully allocates advance planning staffing commitments for Fiscal Year 2011-12. Any further projects added to the Fiscal Year 2011-12 advance planning work plan would require additional staffing and/or funding.

BUSINESS IMPACT STATEMENT: An ordinance pursuant to options A, B or C would provide additional opportunities for development of horse stables when compared to the existing process. Existing County equine businesses currently without a required use permit could be permitted due to greater permit flexibility that would result from updating the Zoning Ordinance. There would also be opportunities for new horse stable businesses to be established more quickly and at less cost to the applicants with a more flexible ordinance.

7/13/2011 1 RECOMMENDATION: PLANNING COMMISSION 1. If the Board of Supervisors directs staff to undertake an ordinance to update equine regulations, Option B should be selected.

CHIEF ADMINISTRATIVE OFFICER 2. Receive staff’s report.

3. If the Board concurs with the Planning Commission and staff, update the Equine Ordinance using Option B.

4. If the Board proceeds with Option B, establish appropriations of $350,000 in the Department of Planning and Land Use, Services and Supplies, to prepare necessary studies, based on General Fund fund balance available. (4 VOTES )

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board closed the Hearing and took action as recommended.

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

2. SUBJECT: NOTICED PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION TO APPROVE WINDSONG PET RESORT MAJOR USE PERMIT; 3300 10-027 (P); NORTH COUNTY METROPOLITAN SUBREGIONAL PLAN AREA (DISTRICT: 5)

OVERVIEW: This is an appeal of the approval granted by the Planning Commission for the Windsong Pet Resort Major Use Permit. The applicant requests approval of the Major Use Permit to allow the construction and operation of a kennel. The project site is located at 1412 Windsong Lane in the North County Metropolitan Subregional Plan area, within unincorporated San Diego County (2009 Thomas Guide Page 1109, D/1). The site is subject to the General Plan Regional Category Current Urban Development Area, Land Use Designation (1) Residential. Zoning for the site is A70 (Limited Agricultural). Surrounding land uses include a commercial winery, nursery and rural residential. The project would be consistent with the County’s General Plan and Zoning Ordinance, and has been reviewed in compliance with the California Environmental Quality Act. The appeal is being presented to the Board of Supervisors as the authority having appellate jurisdiction.

FISCAL IMPACT: N/A

BUSINESS IMPACT STATEMENT: The project proposes a kennel business that would generate jobs and income to county residents.

7/13/2011 2 RECOMMENDATION: PLANNING COMMISSION The Planning Commission recommends that the Board of Supervisors take the following actions: 5. Adopt the Environmental Findings included in Attachment E.

6. Grant Major Use Permit P10-027 and impose those requirements and conditions set forth in the Major Use Permit Form of Decision (Attachment C).

DEPARTMENT OF PLANNING AND LAND USE The Department concurs with the Planning Commission with the following additional recommendations: 3. Deny the appeal. 4. Require Michael & Michelle Dougherty to enter into an agreement to defend and indemnify the County in accordance with San Diego County Code section 86.201 et seq. If litigation is filed challenging the Board’s action on this project, Michael & Michelle Dougherty shall provide security in the amount of $50,000.00 in the form of an irrevocable letter of credit or bond, in a form acceptable to County Counsel within ten days of the litigation being filed.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board withdrew the item at the request of the Chief Administrative Officer, on Consent.

3. SUBJECT: NOTICED PUBLIC HEARING: HEARING TO CONFIRM FISCAL YEAR 2011-12 ASSESSMENTS IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT AND LANDSCAPE MAINTENANCE DISTRICT ZONES NO. 1 AND NO. 2 – (5/25/11 - Set Hearing; 7/13/11 - Hearing) (DISTRICTS: ALL)

OVERVIEW: This item addresses the continuation of existing street lighting and landscape maintenance assessments for Fiscal Year 2011-12 without any rate changes. Each year a public hearing is held to confirm benefit levies for street lighting and landscape maintenance districts for the coming fiscal year. Districts that rely on property tax alone are not included in this letter.

San Diego County Street Lighting District The San Diego County Street Lighting District (SDCSL District) operates and maintains approximately 10,000 public street lights in unincorporated San Diego county and is dedicated to providing quality street light service at a low cost to property owners. Funding for the SDCSL District is through a small portion of

7/13/2011 3 property tax and assessments charged to benefiting properties. Assessments are based on traffic generation for each type of land use, with a single-family residence being assigned one unit of benefit. Funding for the SDCSL District is sufficient to operate and maintain the County’s street lights for the next fiscal year without a rate increase. The proposed assessment rate for the SDCSL District for Fiscal Year 2011-12 is the current rate of $6.48 per single family home per year. Among all street lighting district jurisdictions in the San Diego region, the County’s assessment rate remains the lowest and has not increased since Fiscal Year 2008-09. Landscape Maintenance District Zone No. 1 Landscape Maintenance District Zone (LMD) No. 1 was formed to supplement revenue assessed by County Service Area No. 26 – Rancho San Diego for park operations and maintenance within the LMD No. 1 boundary. There is no proposed increase in assessment rate for Fiscal Year 2011-12 for LMD No. 1. The assessment rate will remain at the current assessment rate of $29.50 per single family home per year. Landscape Maintenance District Zone No. 2 Landscape Maintenance District Zone (LMD) No. 2 – Julian (Jess Martin Park) was established to fund ongoing maintenance of amenities and construction of minor capital improvements at Jess Martin Park in the community of Julian. There is no proposed increase in assessment rate for Fiscal Year 2011-12 for LMD No. 2. The assessment rate will remain at the current assessment rate of $47.82 per single family home per year. This action requires two steps. These proposed assessments are confirmed by the Board at an annual public hearing. On May 25, 2011, the actions requested are to approve the Engineer’s Reports for the San Diego County Street Lighting District and LMD Nos. 1 and 2, and to set a public hearing date of July 13, 2011. If the Board takes these actions on May 25, 2011, then at the hearing on July 13, 2011, after hearing public testimony, the Board will be asked to consider adopting resolutions confirming the Fiscal Year 2011-12 assessment rates. These actions are discretionary after consideration of public testimony.

FISCAL IMPACT: There is no proposed increase in assessment rates for the San Diego County Street Lighting District for Fiscal Year 2011-12. There is no proposed increase in assessment rates for Fiscal Year 2011-12 for LMD Nos. 1 and 2. The proposed assessment levies are consistent with revenues shown in the proposed budgets for the assessment districts, and have no impact on County General Fund. If approved, these requests will result in no additional current year costs, no annual cost and will require no additional staff years.

BUSINESS IMPACT STATEMENT: N/A

7/13/2011 4 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Adopt a resolution entitled Resolution Confirming Diagram and Assessment in the San Diego County Street Lighting District.

2. Adopt a resolution entitled Resolution Confirming Diagram and Assessments in the Landscape Maintenance District Zone No. 1.

3. Adopt a resolution entitled Resolution Confirming Diagram and Assessments in the Landscape Maintenance District Zone No. 2.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board closed the Hearing and took action as recommended, on Consent, adopting: Resolution No. 11-085, entitled: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENTS IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT; Resolution No. 11-086, entitled: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENTS IN THE LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 1; and Resolution No. 11-087, entitled: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENTS IN THE LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2.

4. SUBJECT: NOTICED PUBLIC HEARING: PUBLIC HEARING AND CONFIRMATION OF LEVIES FOR MOSQUITO, VECTOR AND DISEASE CONTROL BENEFIT ASSESSMENT AND MOSQUITO ABATEMENT AND VECTOR CONTROL SERVICE CHARGE (DISTRICTS: ALL)

OVERVIEW: On July 14, 2010 (1), the Board approved the levy of assessments for the Mosquito, Vector and Disease Control Benefit Assessment. According to Article XIIID of the State Constitution (Proposition 218) approved by California voters in November 1996, property owners approve a benefit assessment through a ballot measure and in subsequent years the governing body approves the levy on properties.

This is a request to adopt a resolution to approve the Engineer’s Report, confirm the assessment diagram and assessment, and order the levy of assessments for the Mosquito, Vector and Disease Control Benefit Assessment for Fiscal Year 2011-12. The Board is also being requested to approve a resolution confirming the levy for Mosquito Abatement and Vector Control Service Charge which was adopted by the Board prior to Proposition 218. The existing service charge for Fiscal Year 2011-12

7/13/2011 5 will be levied within the authorized rate structure with no change in rates for the three subregions.

Upon adoption, the Mosquito, Vector and Disease Control Benefit Assessment and the Mosquito Abatement and Vector Control Service Charge will be placed on the tax roll, so property owners can continue to pay the benefit assessment and service charge through their property tax bills for all taxable parcels. FISCAL IMPACT: Funds for these requests are included in the Fiscal Year 2011-12 Operational Plan in the Department of Environmental Health. If approved, these requests will result in costs and revenues of $8 million in Fiscal Year 2011-12. The funding sources are benefit assessment ($5.3 million), Mosquito Abatement and Vector Control Service Charge ($2.4 million), and the Vector Control District Trust Fund fund balance ($0.3 million). Subsequent years’ assessments will be based on the Vector Surveillance and Control Program budget, approved annually by the Board. There will be no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT: Mosquitoes and other vectors hinder, annoy and harm residents, guests, visitors, farm workers and employees. A vector-borne disease outbreak and other related public health threats would have a drastic negative effect on agriculture, business, tourism and residential activities in the county.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find in accordance with Section 21080(b)(8) of the Public Resources Code and Section 15273 of the California Environmental Quality Act Guidelines that this action is exempt from the California Environmental Quality Act, because it renews a charge to meet the operating expenses and necessary financial reserves for an existing program, specifically the County Vector Surveillance and Control Program as described herein and in the Engineer’s report.

2. Adopt a Resolution entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING ENGINEER’S REPORT, CONFIRMING ASSESSMENT DIAGRAM AND ASSESSMENT AND ORDERING THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2011-12 FOR THE SAN DIEGO COUNTY VECTOR SURVEILLANCE AND CONTROL PROGRAM, MOSQUITO, VECTOR AND DISEASE CONTROL ASSESSMENT.

3. Adopt a Resolution entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ADOPTING SERVICE CHARGES AND CONFIRMING REPORTS REGARDING LEVIES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2011-12.

ACTION:

7/13/2011 6 ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 11-088, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING ENGINEER’S REPORT, CONFIRMING ASSESSMENT DIAGRAM AND ASSESSMENT AND ORDERING THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2011-12 FOR THE SAN DIEGO COUNTY VECTOR CONTROL PROGRAM MOSQUITO, VECTOR AND DISEASE CONTROL ASSESSMENT and adopting Resolution No. 11-089, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ADOPTING SERVICE CHARGES AND CONFIRMING REPORTS REGARDING LEVIES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2011-12.

5. SUBJECT: NOTICED PUBLIC HEARING: FISCAL YEAR 2011-12 TAX ROLL OF APPROVED FEES AND CHARGES FOR SAN DIEGO COUNTY SANITATION DISTRICT AND CAMPO WATER MAINTENANCE DISTRICT (DISTRICTS: 1, 2 and 5)

OVERVIEW: The San Diego County Sanitation District provides sewer service to over 35,000 customers, and the Campo Water Maintenance District provides water service to approximately 220 customers. A public hearing is required annually prior to the District Board of Directors and the County Board of Supervisors authorizing collection of sewer and water service charges on the tax roll. Collecting sewer and water fees through the tax roll avoids a separate and costly billing process. The charges described in this letter have been previously approved by the Boards of Directors and Board of Supervisors.

This is a request to conduct a public hearing on the San Diego County Sanitation District and Campo Water Maintenance District tax roll reports, and to adopt resolutions authorizing collection of sewer and water service charges on the tax rolls, as allowed by the San Diego County Uniform Sewer and Water Ordinances.

FISCAL IMPACT: This action is consistent with the current Fiscal Year 2011-12 proposed sanitation and water maintenance district budgets. The funding sources are annual sewer and water service charges. The recently completed reorganization of County sanitation services resulted in a single consolidated sanitation district with no changes to level of service, no associated annual cost and no additional staff years. Charges described in this letter reflect rate adjustments previously approved by the Board of Supervisors (for the sewer maintenance districts and the Campo Water Maintenance District), and the Board of Directors of the Spring Valley Sanitation District – predecessor to the Board of Directors of the San Diego County Sanitation District pursuant to the terms

7/13/2011 7 of the completed sanitation services reorganization.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Acting as the Board of Supervisors for the Campo Water Maintenance District: Adopt resolution authorizing water charges for Fiscal Year 2011-12 to be collected on the tax roll (Attachment D2). (Relates to Sanitation District Agenda No. 1)

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 11-090, entitled: RESOLUTION AUTHORIZING WATER SERVICE CHARGES FOR FISCAL YEAR 2011-12 TO BE COLLECTED ON THE TAX ROLL.

6. SUBJECT: NOTICED PUBLIC HEARING: HEARING TO CONFIRM FISCAL YEAR 2011-12 LEVIES FOR PERMANENT ROAD DIVISION ZONES, COUNTY SERVICE AREAS AND ZONES, AND STORMWATER MAINTENANCE ZONES (DISTRICTS: ALL)

OVERVIEW: A public hearing is required annually to confirm and adopt levies for Permanent Road Division Zones, County Service Areas and Zones, and Flood Control District Stormwater Maintenance Zones prior to placement on the tax roll. Article XIIID of the State Constitution (Proposition 218), approved by California voters in 1996, determines how these districts set maximum rates, dependent upon whether they are categorized as an assessment, fee or charge, or a special tax. All levies described in this letter have been previously approved by property owner ballot or registered district voters and are within previously approved limits.

These annual assessments are for the purpose of providing services such as road maintenance, street lighting, park and landscape maintenance, fire protection, stormwater management facilities, paramedic and emergency medical services, and regional emergency communication services.

In Fiscal Year 2011-12, 49 Permanent Road Division Zones, 15 County Service Areas and Zones, and 2 Flood Control District Stormwater Maintenance Zones will levy within their approved range. For some districts, a Consumer Price Index approved at the time the assessment was established is usually applied There is an

7/13/2011 8 increase proposed for two flood control district zones and five county service areas based on a previously approved construction index and consumer price index respectively. The following is a summary of the proposed levies:

Permanent Road Division 1000 is the overarching special district for road maintenance activities in neighborhoods. Within the division there are 49 Zones that levy assessments. All proposed levies for Permanent Road Division Zones are within their approved range.

County Service Areas – Cottonwood Village, No. 26B – Monte Vista, and No. 136 – Sundance Detention Basin, will levy within their approved range, with no increase. Local Park County Service Area (No. 26 – Rancho San Diego and No. 128 – San Miguel), are not increasing levies. San Dieguito Local Parks District No. 83 – Zone A (4S Ranch) will levy an assessment within its ballot-approved maximum rate with no increase. Fire Authority County Service Areas No. 107 – Elfin Forest, No. 113 – San Pasqual, No. 109 – Mt. Laguna, and No. 110-Palomar Mountain will levy within their voter-approved maximum rates, with no increase, other than those dictated by ordinances previously approved by property owner ballot. County Service Area No. 135 – 800 MHz Communications Zones B – Del Mar, H – Solana Beach, and F – Poway, will levy a voter-approved, special tax, with no increase. County Services Areas No. 17 – San Dieguito Emergency Medical Services and No. 69 – Heartland Paramedic Services will levy within their voter-approved maximum rates, with no increase.

Flood Control District Stormwater Maintenance Zones No. 3-4978-1 – Blackwolf and No. 4-4249-3 – Lake Rancho Viejo will levy at their voter-approved rates, including voter-approved annual construction cost index applied.

This request is to adopt resolutions confirming levies for various districts. Upon adoption, these special taxes, assessments and/or charges will be placed on the tax roll, so that district members can pay amounts necessary to provide district services through their property tax bills.

FISCAL IMPACT: Funds for processing this request are budgeted in the CAO Proposed Operational Plan Fiscal Years 2011-13 in the Department of Public Works, Special Districts Administration. The funding source is individual district trust funds on deposit. The levies are consistent with revenues shown in the proposed budgets for the Permanent Road Division Zones, County Service Areas and Zones, and the Flood Control District Stormwater Maintenance Zone. The proposed budgets were submitted to the Board on May 10, 2011 (19), and were subject to public hearings from June 6 through June 15, 2011. The Operational Plan for the Permanent Road Division Zones, County Service Areas and Zones, and the Flood Control District Stormwater Maintenance Zone were approved following budget deliberations on June 28 and 29, 2011. Final budget adoption is scheduled for August 2, 2011. If approved, these requests will result in no additional current year costs, no annual cost and will require no additional staff years.

7/13/2011 9 BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the proposed activity is not subject to review under the California Environmental Quality Act (CEQA), as specified under CEQA Guidelines Section 15060(c)(3) because the activity in question consists of funding mechanisms related to maintaining existing improvements and is not a project as defined in Section 15378 of the CEQA Guidelines.

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 2011-12.

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 2011-12.

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 2011-12.

5. 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. 109 – Mt. Laguna, County Service Area No. 110 – Palomar Mountain, and County Service Area No. 113 – San Pasqual Adopting Levies and Confirming Reports Re: Special Taxes to be Collected on the Tax Roll for Fiscal Year 2011-12.

6. 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 2011-12

7. Adopt a resolution entitled: Resolution of the Board of Supervisors Acting as the Governing 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 2011-12. (Relates to Flood Control District Agenda No. 1)

7/13/2011 10 ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board closed the Hearing and took action as recommended, on Consent, adopting: Resolution No. 11-091, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF COUNTY SERVICE AREA NO. 107 – ELFIN FOREST, COUNTY SERVICE AREA NO. 109 – MT. LAGUNA, COUNTY SERVICE AREA NO. 110 – PALOMAR MOUNTAIN, AND COUNTY SERVICE AREA NO. 113 – SAN PASQUAL ADOPTING LEVIES AND CONFIRMING REPORTS RE: SPECIAL TAXES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2011-12; Resolution No. 11-092, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING 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 2011-12; Resolution No. 11-093, 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, 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 2011-12; Resolution No. 11-094, 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 2011-12; Resolution No. 11-095, 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 2011- 12; and Resolution No. 11-096, 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 2011- 12.

7/13/2011 11 7. SUBJECT: IMPACT FEE DEFERRAL PROGRAM EXTENSION, POD 11- 007 (DISTRICTS: ALL)

OVERVIEW: In 2008, the State of California approved Assembly Bill 2604, which allows local governments to defer impact fees for land development projects, as opposed to collecting the fees at the permit stage. The intent of the state legislation was to promote economic stimulus in the region by deferring the payment and collection of impact fees.

On December 10, 2008 (14), the Board of Supervisors directed the Chief Administrative Officer to draft ordinance amendments to defer impact fees for residential tracts and commercial building permits until final inspection or certificate of occupancy. The Board directed that the impact fee deferrals include Transportation Impact Fees, Park Lands Dedication Ordinance Fees, Drainage Fees and Sewer Fees, and a program sunset date. On March 4, 2009 (2), the Board of Supervisors adopted ordinance amendments to authorize, for a two-year period, deferral of certain impact fees in accordance with Assembly Bill 2604. The proposed action will authorize a two-year extension of the Impact Fee Deferral Program.

FISCAL IMPACT: If approved, the Ordinances will result in the continued deferral of applicant payment and County collection of the Transportation Impact Fees, Park Lands Dedication Ordinance Fees, Drainage Fees, and Sanitation District Fees. This deferral will result in a loss of revenue that would otherwise be generated by interest on the fees if they were collected earlier in the process. The previously adopted administration fee of $175, that will ensure full cost recovery for additional staff time to administer the program, will remain unchanged. This fee will be charged for each commercial permit issued, and for each grouped phase of model homes for tract developments. Administration of the program will be accomplished with existing staff and no new staff years are needed. Based on data from April 2009-April 2011, customers were able to defer approximately $3.1 million in impact fees, with the average deferral period of 361 days. BUSINESS IMPACT STATEMENT: Under Assembly Bill 2604, the proposed Impact Fee Deferral Program is designed to provide an economic stimulus for the region through the deferral of payment and collection of impact fees. The Building Industry Association (BIA) supports the extension of the impact fee deferral concept as a means to stimulate development, job growth and the local economy.

7/13/2011 12 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 7. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified in Section 15273 of the State CEQA Guidelines for the reasons detailed in the Notice of Exemption dated June 1, 2011 on file with the Department of Planning and Land Use as case number POD 11-007, and approve the findings in Attachment E pursuant to the California Environmental Quality Act Guidelines Section 15273(c).

8. Approve the introduction of the Ordinance (first reading), read title and waive further reading of the Ordinance (Attachment B), titled:

AN ORDINANCE AMENDING THE COUNTY CODE AND THE UNIFORM SEWER ORDINANCE RELATED TO THE DEFERRAL OF DEVELOPMENT IMPACT FEES.

Submit the Ordinance for further Board consideration and adoption (second reading) on August 3, 2011. (Relates to Flood Control District Agenda No. 2)

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, introducing Ordinance for further Board consideration and adoption on August 3, 2011 at 9:00 a.m.

8. SUBJECT: PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – HYBRID PLAN STEP II REORGANIZATION (DISTRICTS: ALL)

OVERVIEW: Section 99 of the Revenue and Taxation Code requires that the Board of Supervisors approve a resolution of property tax exchange before the Local Agency Formation Commission can consider any proposals for changes in organization.

Following the devastating wildfires in October 2003 and again in October 2007, the Board has taken several actions to improve fire and emergency medical services in the unincorporated areas of the county. On June 25, 2008 (1), the Board adopted The Hybrid Plan and initiated Step I of the plan which brought six volunteer fire companies under the San Diego County Fire Authority and expanded the latent powers within County Service Area (CSA) 135 to include fire and emergency medical services. On January 25, 2011 (3), the Board initiated Step II of the Hybrid Plan and authorized an application to the Local Agency Formation Commission (LAFCO) to dissolve the five remaining seven fire CSAs: 109 (Mt.

7/13/2011 13 Laguna), 110 (Palomar Mountain), 111 (Boulevard), 112 (Campo), and 113 (San Pasqual), and to expand the boundaries of the latent powers within CSA 135 to include the territory of the dissolved CSAs.

This is a request to adopt a resolution to implement Step II of the reorganization that would dissolve CSA Nos. 109 (Mt. Laguna), 110 (Palomar Mountain), 111 (Boulevard), 112 (Campo), and 113 (San Pasqual). The service responsibility, assets, and liabilities of each District would transfer to CSA No. 135. Future property tax and assessment revenue would also transfer to CSA No. 135. FISCAL IMPACT: If approved, this request will result in a transfer of approximately $178,428 annually in property tax and assessment revenue from CSA No. 109 Mt. Laguna ($21,176 per year); CSA No. 110 Palomar Mountain ($28,412 per year); CSA No. 111 Boulevard ($63,600 per year); CSA No. 112 Campo ($39,502 per year); and CSA No. 113 San Pasqual ($25,738 per year) to CSA No. 135 beginning in Fiscal Year 2011-12. There will be no impact to the County General Fund and no additional staff years required.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt the Resolution entitled: RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 11-097, entitled: RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES.

9. SUBJECT: PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – 31st STREET ISLAND DETACHMENT (DISTRICT: 1)

OVERVIEW: Section 99 of the Revenue and Taxation Code requires that the Board of Supervisors adopt a property tax exchange resolution before the Local Agency Formation Commission can consider any proposals for changes in organization.

This proposal involves the detachment of 8.96 acres from the Lower Sweetwater Fire Protection District (District). The subject territory is in the incorporated boundary of National City (City) and represents an overlap area of the City with the District. The

7/13/2011 14 overlap was the result of an oversight when the property was annexed to the City in 1980, but was not detached from the District. Detachment from the District will rectify this governmental structure issue and associated jurisdictional confusion. No change to service delivery will result from this proposal (2009 Thomas Guide Page 1309/J4). FISCAL IMPACT: If approved, this proposal will result in a shift of $1,876/year in property tax revenue from the Lower Sweetwater Fire Protection District to National City. There will be no impact to the County General Fund and no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt the resolution entitled: RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 11-098, entitled: RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES.

10. SUBJECT: COUNTY AIRPORTS – APPLY FOR AND ACCEPT FEDERAL AND STATE GRANT FUNDS (DISTRICTS: 2 & 5)

OVERVIEW: The County owns eight airports that provide valuable services for the aviation industry as well as leased commercial spaces that help employment and vitality in surrounding communities. Grant funding is critical to airport capital improvement projects. Periodically, discretionary grant funds become available toward the end of the federal and state fiscal years because some airports in the western region of the United States are unable to complete projects. Streamlining the grant application approval process enables County airports to capture this additional grant funding on short notice as it becomes available.

This is a request to adopt a resolution authorizing the Director, Department of Public Works, or designee to act as agent of the County to submit, negotiate and execute all documents necessary to secure grant funding from the Federal Aviation Administration, the California State Division of Aeronautics, and the United States Department of Transportation Small Community Air Service Development Program for projects and related work as approved by the Board in the Fiscal Year 2011-12

7/13/2011 15 Airport Enterprise Fund Spending Plan. Requested authorization will enable County airports to capture grant funding in the event it becomes available.

FISCAL IMPACT: Funds for this request are partially budgeted in the Fiscal Year 2011-12 Airport Enterprise Fund Spending Plan. If approved, this request will result in costs and revenue of $1,600,000 in Fiscal Year 2011-12. The funding source is Federal Aviation Administration entitlement grants. In addition, the Department of Public Works will return to the Board at a later date to appropriate discretionary grant funds as they become available. No additional staff years will be required, and there will be no impact to the County General Fund.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 9. Find in accordance with Section 15060(c)(2) of the California Environmental Quality Act (CEQA) Guidelines that the application for and acceptance of grant funding is exempt from CEQA review because it will not result in a direct or reasonably foreseeable indirect physical change in the environment.

10. Adopt a Resolution entitled: RESOLUTION OF THE BOARD OF SUPERVISORS AUTHORIZING APPLICATIONS AND AGREEMENTS FOR FEDERAL AND STATE FUNDING AT GILLESPIE FIELD, MCCLELLAN- PALOMAR AIRPORT, BORREGO VALLEY AIRPORT, FALLBROOK COMMUNITY AIRPARK, AND RAMONA AIRPORT.

11. Authorize the Director, Department of Public Works, or designee as an agent of the County, to submit, negotiate and execute all documents including, but not limited to, applications, payment requests, agreements and amendments to the agreements which may be necessary to secure and spend federal and state grant funds for County Airport projects during Fiscal Year 2011-12.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 11-099, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS AUTHORIZING APPLICATIONS AND AGREEMENTS FOR FEDERAL AND STATE FUNDING AT GILLESPIE FIELD, MCCLELLAN-PALOMAR AIRPORT, BORREGO VALLEY AIRPORT, FALLBROOK COMMUNITY AIRPARK, AND RAMONA AIRPORT.

11. SUBJECT: COUNTY OF SAN DIEGO TRACT NO. 4229-1 (FINAL MAP

7/13/2011 16 NO. 11978): APPROVAL OF THIRD AMENDMENT TO AGREEMENT TO IMPROVE SUBDIVISION (EXTENSION OF TIME AND INCREASE IN SECURITY) FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN SAN DIEGUITO COMMUNITY PLAN AREA (DISTRICT: 5)

OVERVIEW: This project is a subdivision consisting of 48 single-family residential lots, four private street lots, one open space lot, one equestrian lot and one sewer easement lot on a total of 233.65 acres. It is located in the San Dieguito Community Plan area, on both sides of Via Ambiente, approximately 2.5 miles northerly from Calle Ambiente, and northwesterly of Del Dios Highway (2009 Thomas Guide, Page 1149, A-3/4/5).

This project is being brought before the Board for approval of the Third Amendment to Agreement to Improve Subdivision (Extension of Time and Increase in Security) for public and private improvements.

FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Approve and authorize Clerk of the Board to execute the Third Amendment to Agreement to Improve Subdivision (Extension of Time and Increase in Security). This agreement extends time to complete improvements to July 13, 2013 and increases security to complete required improvements (Attachment B).

2. Authorize the Clerk of the Board to accept the Surety Bond Rider from the owner as a supplement to the previously posted Faithful Performance Bond No. 1565355 currently on file with the Clerk of the Board (Attachment C).

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

7/13/2011 17 12. SUBJECT: COUNTY OF SAN DIEGO TRACT NO. 4229-4 (FINAL MAP NO. 12905): APPROVAL OF SECOND AMENDMENT TO AGREEMENT TO IMPROVE SUBDIVISION (EXTENSION OF TIME AND REDUCTION IN SECURITY) FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN SAN DIEGUITO COMMUNITY PLAN AREA (DISTRICT: 5)

OVERVIEW: This project is a subdivision consisting of 99 single-family residential lots, nine private street lots, three open space lots and one planned development lot on a total of 224.85 acres. It is located in the San Dieguito Community Plan area, on both sides of Via Ambiente, approximately 2.5 miles northerly from Calle Ambiente, and northwesterly of Del Dios Highway (2009 Thomas Guide, Page 1149, A-3/4/5).

This project is being brought before the Board for approval of the Second Amendment to Agreement to Improve Subdivision (Extension of Time and Reduction in Security) for public and private improvements.

FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Approve and authorize Clerk of the Board to execute the Second Amendment to Agreement to Improve Subdivision (Extension of Time and Reduction in Security). This agreement extends time to complete improvements to July 13, 2013 and decreases security to complete required improvements. (Attachment B)

2. Authorize the Clerk of the Board to accept the Surety Bond Rider from the owner reducing the penal sum of the previously posted Faithful Performance Bond No. 1565360 currently on file with the Clerk of the Board from $11,890,400 to $9,010,300. (Attachment C)

7/13/2011 18 13. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (06/29/2011 - Adopt Recommendations; 07/13/2011 - Second Reading of Ordinances) (DISTRICTS: 2 & 5)

OVERVIEW: On June 29, 2011 (6), the Board of Supervisors introduced Ordinances for further consideration and adoption on July 13, 2011.

The Traffic Advisory Committee meets every six weeks to review proposed additions, deletions or changes to regulatory traffic controls. Nine items were on the Committee's April 22, 2011 meeting agenda. The Committee recommends your action on all nine items.

This action requires two steps. On June 29, 2011, the Board will consider nine Traffic Advisory Committee items. If the Board takes action on June 29, 2011, then on July 13, 2011, a second reading of two ordinances adding Section 72.162.39.3.1. and Section 72.169.35.1. (Item 2-A and Item 5-A) would be necessary to implement the Board’s direction.

FISCAL IMPACT: Funds for this proposal are included in the Department of Public Works Road Fund Fiscal Year 2010-11 Operational Plan. If approved, there will be no change in net General Fund cost and require no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt Ordinances entitled:

AN ORDINANCE ADDING SECTION 72.162.39.3.1. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO.

AN ORDINANCE ADDING SECTION 72.169.35.1. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO.

7/13/2011 19 ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Ordinance No. 10159 (N.S.), entitled: AN ORDINANCE ADDING SECTION 72.162.39.3.1. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO and Ordinance No. 10160 (N.S.), entitled: AN ORDINANCE ADDING SECTION 72.169.35.1. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO.

14. SUBJECT: ASSUME JOINT AGREEMENTS TO IMPROVE MAJOR SUBDIVISIONS, JOINT LIEN CONTRACTS AND HOLDING AGREEMENT, AND EXTEND TIME TO COMPLETE IMPROVEMENTS FOR COUNTY OF SAN DIEGO TRACT NOS. 4613-4 (FINAL MAP 14945), 4613-5 (FINAL MAP 14946), AND 4613-6 (FINAL MAP 14947), LOCATED IN BORREGO SPRINGS COMMUNITY SPONSOR GROUP AREA (DISTRICT: 5)

OVERVIEW: This item relates to a proposed assumption agreement that involves three recorded subdivisions, under lien contract, that are within the development known as Montesoro. Montesoro is located in the Borrego Springs Desert area, east of Yaqui Pass Road and south of Borrego Springs Road (2009 Thomas Guide Page 1098, G- 5). The three subdivisions have a combined total of 110 single-family residential lots, two open space lots, and three golf course lots on 136.09 acres. Pursuant to the agreement, the new owner agrees to assume all obligations of the current owner as stated in the Joint Improvement Agreements, Joint Lien Contracts and Holding Agreement.

This is a request for Board approval of the Agreement to Assume Joint Agreements to Improve Major Subdivisions, Joint Lien Contracts and Holding Agreement No. 1082-0270-00, and to extend time to complete improvements for County of San Diego Tract Nos. 4613-4 (Final Map 14945), 4613-5 (Final Map 14946), and 4613-6 (Final Map 14947).

FISCAL IMPACT: N/A

7/13/2011 20 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Approve and authorize the Clerk of the Board of Supervisors to execute and record the Agreement to Assume Joint Agreements to Improve Major Subdivisions, Joint Lien Contracts and Holding Agreement No. 1082-0270-00. (Attachment B)

2. Extend to July 13, 2013, the performance completion date for County of San Diego Tract Nos. 4613-4 (Final Map 14945), 4613-5 (Final Map 14946), and 4613-6 (Final Map 14947).

3. Direct the Clerk of the Board to send a photocopy of the recorded agreement the holding company to notify it that the assumption agreement has been executed and recorded.

4. Direct the Clerk of the Board to send a conformed copy of the recorded document to Department of Public Works Land Development, MS O336, Attention: Kenneth Brazell.

15. SUBJECT: CLOSED SESSION (CARRYOVER FROM 7/12/11 AGENDA NO. 12) (DISTRICTS: ALL)

OVERVIEW: On July 12, 2011 (12), the Board of Supervisors continued the item to July 13, 2011 at 9:00 a.m.

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9 Melissa Simon v. Deputy Tony Bailey, et al.; San Diego County Superior Court No. 37-2009-00094496-CU-PO-CTL

B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9: (Number of Cases – 1)

C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9 Donald Rico and Anthony Bojorquez v. County of San Diego, et al.; United States District Court, Southern District of California, No. 09-CV-2684 BTM

D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

7/13/2011 21 (Subdivision (a) of Government Code section 54956.9 Kathleen Coyne v. County of San Diego, et al.; United States District Court, Southern District of California, No. 08-CV-0639 JLS

E. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: (Number of Potential Cases – 1)

F. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9: (Number of Cases – 1)

G. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9: (Number of Cases – 1)

H. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Designated Representatives: Susan Brazeau, Don Turko Employee Organizations: All

I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code section 54957) Title: Clerk of the Board of Supervisors

ACTION: Reporting actions taken in closed session on July 12, 2011 and July 13, 2011, wherein by vote of all 5 members of the Board of Supervisors present and voting “Aye,” the Board authorized the County of San Diego to initiate legal actions with respect to two separate noticed items, the defendants and other particulars of which shall be disclosed in the manner authorized by Government Code § 54957.1, once the actions have been formally commenced.

16. SUBJECT: PUBLIC COMMUNICATION (DISTRICTS: ALL)

OVERVIEW: Valerie Sanfilippo spoke to the Board regarding Redistricting.

ACTION: Heard, referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 12:17 p.m.

7/13/2011 22 THOMAS J. PASTUSZKA Clerk of the Board of Supervisors County of San Diego, State of California

Consent: Santos Discussion: Mazyck

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.

7/13/2011 23