County of San Diego Board of Supervisors s8

STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING - PLANNING AND LAND USE MATTERS WEDNESDAY, JULY 9, 2003, 9:00 AM Board of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California

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

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

Approval of Board of Supervisors Statement of Proceedings/Minutes for the meeting of June 11, 2003 and June 18, 2003 and June 25, 2003.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meeting of June 11, 2003 and June 18, 2003 and June 25, 2003.

AYES: Cox, Jacob, Slater, Roberts, Horn

Board of Supervisors’ Agenda Items

1. NOTICED PUBLIC HEARING: ESCONDIDO CREEK WATERSHED – ACQUISITION OF ASSESSOR'S PARCEL NO. 223-111-01 (FONTANINI) [FUNDING SOURCE(S): CALTRANS TRANSPORTATION ENHANCEMENT ACTIVITIES (TEA) GRANT FUNDS ($339,955) AND MATCHING COUNTY GENERAL FUNDS ($44,045)]

2. NOTICED PUBLIC HEARING: MONTE VISTA RANCH: SPECIFIC PLAN SP 00-007, TENTATIVE MAP TM 5235, MAJOR USE PERMITS P00-036, P00-037; RAMONA COMMUNITY PLAN

3. NOTICED PUBLIC HEARING: MAILED BALLOT PROCEEDING RESULTS AND FORMATION HEARING FOR PROPOSED SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1013 - SINGING TRAILS IN THE EL CAJON AREA

4. NOTICED PUBLIC HEARING: SUNROAD TECH CENTRE: APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A REVISED TENTATIVE MAP, 5139RPL6R, EAST OTAY MESA

7/9/03 1 SPECIFIC PLAN, OTAY SUBREGION

5. NOTICED PUBLIC HEARING: EAST OTAY AUTO STORAGE, MAJOR USE PERMIT (P00-012) FOR PROCESSING AND AUCTION OF VEHICLES, OTAY SUBREGIONAL PLAN AREA

6. NOTICED PUBLIC HEARING: AMENDMENTS TO THE ZONING ORDINANCE RELATING TO USE PERMITS, M54 SCREENING, ORDINANCE CROSS-REFERENCES, CORRECTION OF TYPOGRAPHICAL ERRORS, AND SECOND DWELLING UNIT ACCESSORY STRUCTURES (POD 02-10) (4 VOTES)

7. NOTICED PUBLIC HEARING: QUESTHAVEN ROAD VACATION (VAC 02-004), SAN DIEGUITO COMMUNITY PLANNING AREA

8. BORREGO VALLEY GROUNDWATER OVERDRAFT PROBLEM

9. BOARD OF SUPERVISORS POLICY FOR DESIGNING NEW COUNTY-OWNED COMMUNITY/LOCAL PARKS

10. THE COUNTY OF SAN DIEGO MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN ANNUAL HABITAT TRACKING REPORT 2002 AND MAP UPDATE)

11. AMENDMENTS TO COUNTY AND DISTRICT DRAINAGE FEE ORDINANCES RELATED TO DEVELOPER REIMBURSEMENTS (RELATES TO FLOOD CONTROL DISTRICT AGENDA ITEM NO. 1) 12. RESOLUTIONS APPROVING MASTER AGREEMENT AND DELEGATING AUTHORITY TO EXECUTE ROUTINE STATE AGREEMENTS FOR PUBLIC WORKS PROJECTS

13. ADDITIONAL APPROPRIATIONS FOR OLD HIGHWAY 80 RESURFACING (4 VOTES)

14. AGREEMENTS WITH CONSULTANT FIRMS FOR LANDFILL AND BURNSITE EVALUATION AND TESTING SERVICES

15. AGREEMENTS WITH FOUR ENVIRONMENTAL CONSULTING FIRMS TO PROVIDE SERVICES ON AN AS-NEEDED BASIS

16. 2003 COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY (CEDS) REPORT

7/9/03 2 17. NEW APPOINTMENTS TO THE COUNTY’S REGIONAL ECONOMIC TASK FORCE

18. FISCAL YEAR 2003-04 REVENUE AGREEMENT FOR THE LEAKING UNDERGROUND STORAGE TANKS PROGRAM [FUNDING SOURCE(S): REVENUE AGREEMENT WITH STATE WATER RESOURCES CONTROL BOARD]

19. ADVERTISEMENT TO BID AND AWARD A CONSTRUCTION CONTRACT – LAMAR PARK IMPROVEMENTS PHASE I, SPRING VALLEY [FUNDING SOURCE(S): PROPOSITION 12 MURRAY-HAYDEN GRANT FUNDS AND STATE OF CALIFORNIA LEGISLATIVE APPROPRIATIONS]

20. PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – SAMPLES REORGANIZATION TO THE CITY OF ENCINITAS

21. PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – MARCHESINI REORGANIZATION TO HELIX WATER DISTRICT

22. SET HEARING FOR 8/13/03 TIJUANA RIVER VALLEY - ACQUISITION OF ASSESSOR'S PARCEL NUMBERS 662-020-09 (HORWIN TRUST), 632-030-14 (WEISER TRUST) AND 632-040-15 (TONG/MCCARRON) [FUNDING SOURCE(S): COASTAL CONSERVANCY GRANT FUNDS (TOTAL OF $570,000 FOR THE THREE PARCELS), WHICH ARE PREVIOUSLY BUDGETED AND AVAILABLE IN CAPITAL PROJECT KA9730 – TIJUANA RIVER VALLEY ACQUISITIONS]

23. SET HEARING FOR 8/6/03 VALLEY CENTER ROAD MITIGATION – ACQUISITION OF A PORTION OF ASSESSOR’S PARCEL NUMBER 188-260-64 (JENSEN) [FUNDING SOURCE(S): TRANSNET REVENUE AND WILL RESULT IN A COST OF $37,000 IN FISCAL YEAR 2002-03]

24. KENWOOD DRIVE IMPROVEMENT PROJECT – ACQUISITION OF PARCEL NOS. 2001-0298-A (BURR & CAVADIAS) AND 2001-0299-A (COWART) [FUNDING SOURCE(S): COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)]

25. RIVERSIDE DRIVE IMPROVEMENT PROJECT – ACQUISITION OF PARCEL NOS. 2000-0308-A & B (LAKESIDE LAND COMPANY, INC) [FUNDING SOURCE(S): TRANSNET REVENUE]

26. ADMINISTRATIVE ITEM: COUNTY OF SAN DIEGO TRACT NO. 5103-1: APPROVAL OF FINAL MAP AND JOINT SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN VALLE DE ORO PLANNING AREA

7/9/03 3 27. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

28. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: DEPARTMENT OF AGRICULTURE, WEIGHTS AND MEASURES POINT-OF-SALE AND CERTIFICATES OF QUARANTINE COMPLIANCE FEE ADJUSTMENTS

29. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES AND COUNTY CODE OF REGULATORY ORDINANCES ASSIGNED TO DEPARTMENTS WITHIN THE LAND USE AND ENVIRONMENT GROUP

30. PUBLIC COMMUNICATION

31. CLOSED SESSION (CARRYOVER FROM 7/08/03 AGENDA ITEM NO. 17)

7/9/03 4 1. SUBJECT: NOTICED PUBLIC HEARING: ESCONDIDO CREEK WATERSHED – ACQUISITION OF ASSESSOR'S PARCEL NO. 223-111-01 (FONTANINI) (DISTRICT 5)

OVERVIEW: The County of San Diego is actively involved in open space habitat planning including the Multiple Species Conservation Program (MSCP), and the development of the North County MSCP Subarea Plan. The analysis for the proposed North County Plan indicates that the Escondido Creek watershed has high value habitat and will be an important part of the proposed North County MSCP Subarea Plan. If not acquired and protected, this corridor could be developed, which would fragment the critical wildlife habitat linkages that the area provides. On May 10, 2000 (3), the Board of Supervisors established appropriations in the amount of $2,260,000 for Capital Project KA0551 – Escondido Creek Acquisitions, based on Transportation Enhancement Activities (TEA) grant funds ($2,000,000) and matching County MSCP General Funds ($260,000). On June 11, 2003 (17) the Board set a hearing for July 9, 2003 to consider approving the acquisition of 18.29 acres, known as Assessor’s Parcel No. 223-111-01(Thomas Bros. Map reference Pg. 1148, J-2) from Roger M. Fontanini for the appraised value of $384,000. The Board is requested to approve the Real Property Contract for this purchase.

FISCAL IMPACT: Funds for this request have been previously budgeted and are available in Capital Project KA0551 – Escondido Creek Acquisitions. The funding sources for the purchase price of $384,000 are CalTrans Transportation Enhancement Activities (TEA) grant funds ($339,955) and matching County General Funds ($44,045). Management of the acquired land will be conducted by existing Department of Parks and Recreation staff. Other than the previously budgeted General Funds being used as grant match funding, there will be no additional cost to the General Fund resulting from this proposed action.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find in accordance with Section 15325 of the California Environmental Quality Act (CEQA) Guidelines, that the proposed acquisition is exempt from CEQA, as it involves the transfer of ownership of land to preserve open space and natural habitat.

2. Approve the Real Property contract for the purchase of Assessor’s Parcel No. 223-111-01 (Fontanini) for $384,000 and authorize the Clerk of the Board to execute two copies of the Real Property Contract.

3. Authorize the Director, Department of General Services, or assignee, to execute

7/9/03 5 all escrow and related documents required to complete the purchase.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors closed the hearing and took action as recommended, on Consent.

2. SUBJECT: NOTICED PUBLIC HEARING: MONTE VISTA RANCH: SPECIFIC PLAN SP 00-007, TENTATIVE MAP TM 5235, MAJOR USE PERMITS P00-036, P00-037; RAMONA COMMUNITY PLAN (DISTRICT: 2)

OVERVIEW: This is a continued hearing for the Monte Vista Ranch development proposal. The May 15, 2002 (4) hearing was continued at the request of the applicant with direction from the Board to develop a project that conforms to County Plans and Ordinances. The applicant has met with the Department of Planning and Land Use over the course of the last year, and although those meetings have not resulted in submittal of revised project documents, several important design issues have been addressed. Further, the applicant has agreed to refine the project concept proposal to better address the Multiple Species Conservation Program, the Biological Mitigation Ordinance and the Resource Protection Ordinance.

The applications, which were submitted in November 2000, are for a Specific Plan, Tentative Map and two Major Use Permits to develop 4,323 acres with 288 residential lots, 3,274 acres of open space, an equestrian center and guest ranch. Four hundred fourteen (414) acres in the southernmost area of the project are identified as Future Development Parcels.

The site is located about three miles south of the Ramona Town Center, south of Dye Road, north and west of the Barona Indian Reservation and east of Mussey Grade Road in the Ramona Community Plan area. Access is currently available from the northeastern corner of the site from San Vicente Road via Chuck Wagon Road.

The site is subject to Regional Land Use Element Policy 1.3 Estate Development Area. The majority of the site is in the (21) Specific Plan Area Land Use Designation (.2 dwelling unit per acre). Conditions for development of the Specific Plan Area are included in the Ramona Community Plan Text. Zoning is S88, Specific Plan Use Regulations, with density of .2 dwelling units per acre. The 100-acre site proposed for the Guest Ranch is in the (18) Multiple Rural Use Land Use Designation and the A70, Limited Agriculture Use Regulations, with a density of .25 dwelling units per acre and minimum lot size of 4 acres.

7/9/03 6 FISCAL IMPACT: N/A

RECOMMENDATION: PLANNING COMMISSION: At the hearing on March 9, 2001, the Planning Commission was unable to obtain 4 votes in support of the project. Under its Policy, PC-2, the Commission is deemed to have recommended that the applications be denied.

DEPARTMENT OF PLANNING AND LAND USE: 1. Direct the applicant to make a revised submittal that conforms to County Plans and Ordinances.

2. Remand the revised project to the Planning Commission for their review and recommendation.

3. Direct the Department of Planning and Land Use to return to the Board of Supervisors with a recommendation for denial of the project if a revised submittal is not made in six months.

3. SUBJECT: NOTICED PUBLIC HEARING: MAILED BALLOT PROCEEDING RESULTS AND FORMATION HEARING FOR PROPOSED SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1013 - SINGING TRAILS IN THE EL CAJON AREA (DISTRICT: 2)

OVERVIEW: On May 21, 2003 (12), the Board authorized a mailed ballot proceeding to the 22 property owners in the proposed Permanent Road Division Zone No. 1013 – Singing Trails to determine if sufficient support exists to form a district to improve .37 mile and maintain .60 mile of area roads.

The hearing today will provide the public an opportunity to speak to the Board regarding the proposed district and work plan. The results of the mailed ballot proceeding will be reported. Permanent Road Division Law and Article XIIID of the State Constitution stipulate guidelines under which these districts are formed. The district cannot form unless a weighted majority of the ballots returned support formation. If results are for district formation, actions requested include authorization to transfer loan funds from the

7/9/03 7 Permanent Road Division Internal Service Fund and for the Clerk of the Board to execute the Loan Agreement on behalf of the new district.

FISCAL IMPACT: Funds for administering these requests are budgeted in the Special Districts formation fund. If approved, this request will result in a current year processing cost charged to the formation expense for Singing Trails of $200. The new district will reimburse accumulated expenditures incurred to form this district. The proposed budget for the road improvement for Singing Ridge Road is $98,176, which would be financed by loans and benefit assessments. A second proposed budget to support the maintenance of both Singing Ridge Road and Singing Trails Court is $12,710, which would be financed by benefit assessments only. There is no associated annual cost and no additional staff years are required.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines, that the requested actions are not subject to the environmental review process, because it can be seen with certainty that there is no possibility they may have a significant effect on the environment.

2. Accept and confirm the results of the mailed ballot proceeding.

3. Adopt a resolution entitled Resolution Establishing San Diego Countywide Permanent Road Division No. 1000, Zone No. 1013 – Singing Trails.

4. Adopt a resolution entitled Resolution Declaring Singing Trails Court and Singing Ridge Road To Be Public Roads, Declaring Said Roads Not County Highways and Not Accepted into the County Maintained Road System.

5. Adopt an Ordinance entitled ORDINANCE PROVIDING A PROCEDURE FOR FIXING AND COLLECTING CHARGES ON THE TAX ROLL FOR SERVICES WITHIN SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1013 – SINGING TRAILS.

6. Adopt a resolution entitled Re: Transfer of Money to San Diego Countywide Permanent Road Division No. 1000, Zone No. 1013 – Singing Trails and Schedule for Repayment to County.

7. Authorize the Clerk of the Board to execute the Loan Agreement between California Bank & Trust and the County of San Diego on behalf of Zone No. 1013 – Singing Trails of San Diego Countywide Permanent Road Division No. 1000.

ACTION: Noting for the record that ballot #1 to improve Singing Ridge Road and maintain Singing Ridge Road and Singing Trails Court was approved with 56% of ballots returned voting "yes;" and that ballot #2 to maintain Singing Ridge Road and Singing Trails Court was

7/9/03 8 approved with 68% of ballots returned voting “yes;” ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting Resolutions and Ordinances as follows:

Resolution No. 03-132, entitled: RESOLUTION ESTABLISHING SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1013 – SINGING TRAILS;

Resolution No. 03-133, entitled: RESOLUTION DECLARING SINGING TRAILS COURT AND SINGING RIDGE ROAD TO BE PUBLIC ROADS, DECLARING SAID ROADS NOT COUNTY HIGHWAYS AND NOT ACCEPTED INTO THE COUNTY MAINTAINED ROAD SYSTEM;

Ordinance No. 9568 (N.S.), entitled: ORDINANCE PROVIDING A PROCEDURE FOR FIXING AND COLLECTING CHARGES ON THE TAX ROLL FOR SERVICES WITHIN SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1013 – SINGING TRAILS; and

Resolution No. 03-134, entitled: RE: TRANSFER OF MONEY TO SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1013 – SINGING TRAILS AND SCHEDULE FOR REPAYMENT TO COUNTY.

4. SUBJECT: NOTICED PUBLIC HEARING: SUNROAD TECH CENTRE: APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A REVISED TENTATIVE MAP, 5139RPL6R, EAST OTAY MESA SPECIFIC PLAN, OTAY SUBREGION (DISTRICT: 1)

OVERVIEW: This is an appeal by International Industrial Park of a Planning Commission decision to approve a request to revise a Tentative Map. The primary reason for the appeal relates to how the proposed changes to the map will affect access to the appellants' property. The Tentative Map was originally approved by the Planning Commission on December 15, 2000. The project is comprised of 250 acres and it is subject to the East Otay Mesa Specific Plan. There are currently 96 industrial lots approved with a minimum lot area of 1-acre, plus a 51.5-acre lot north of future Lone Star Road that will be placed in permanent open space. This Revised Tentative Map proposes to reduce the number of industrial lots from 96 to 56, by increasing the size of each lot over the same development footprint. Other revisions include: 1) A new street network that is consistent with the recently approved amendment to the East Otay Mesa Specific Plan (SPA 00-005); 2) An increase in grading quantities of about 7 percent; 3) An increase in the number of map units from five to six; 4) Minor changes in the proposed elevation of Lone Star Road to provide better protection for vernal pools; 5) An increase in the size of the open space easement on Lot 55; and 6) A variety of changes to the road improvement

7/9/03 9 requirements. The zoning for the site includes the S88 Specific Planning Area Use Regulation with a minimum lot area of 30,000 square feet. The site is generally located north and northwest of the intersection of Otay Mesa Road and Harvest Road.

FISCAL IMPACT: N/A

RECOMMENDATION: PLANNING COMMISSION: Deny the appeal and adopt the Resolution approving TM 5139RPL6R, which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Subdivision Ordinance and State Law.

DEPARTMENT OF PLANNING AND LAND USE: The Department of Planning and Land Use concurs.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors withdrew this item at the request of the appellant, on Consent.

5. SUBJECT: NOTICED PUBLIC HEARING: EAST OTAY AUTO STORAGE, MAJOR USE PERMIT (P00- 012) FOR PROCESSING AND AUCTION OF VEHICLES, OTAY SUBREGIONAL PLAN AREA (DISTRICT: 1)

OVERVIEW: This is an appeal of the Planning Commission’s January 11, 2002 approval of a Major Use Permit, P00-012, to allow the processing of operable motor vehicles and weekly auctions. The use is categorized in The Zoning Ordinance as Automotive and Equipment: Sales/Rentals, Light Equipment Use Type which is permitted in the East Otay Mesa Specific Plan as an Interim Use for a maximum period of five years. The property also contains a “B” Special Area Designator and is therefore subject to Site Plan Review compliance with the East Otay Mesa Site Planning and Design Guidelines. The appeal, filed by the project applicant, requests that certain specific Department of Public Works road improvement conditions be revised.

The project site is 38.2 acres in size and is located on the northwest corner of Otay Mesa Road and Alta Road within the East Otay Mesa Specific Plan Area and the Otay Subregional Plan Area. The General Plan is (21) Specific Plan Area and the site is zoned S88 Specific Planning Area Use Regulations.

FISCAL IMPACT: N/A

7/9/03 10 RECOMMENDATION: PLANNING COMMISSION: Grant Major Use Permit P00-012 that makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with The Zoning Ordinance (Attachment C).

DEPARTMENT OF PLANNING AND LAND USE: The Department of Public works has reached an agreement with the project applicants revising the road improvement conditions to both the satisfaction of Department of Public Works and the project applicant. Therefore, the Department recommends granting Major Use Permit P00-012 that makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with The Zoning Ordinance (Attachment B).

6. SUBJECT: NOTICED PUBLIC HEARING: AMENDMENTS TO THE ZONING ORDINANCE RELATING TO USE PERMITS, M54 SCREENING, ORDINANCE CROSS- REFERENCES, CORRECTION OF TYPOGRAPHICAL ERRORS, AND SECOND DWELLING UNIT ACCESSORY STRUCTURES (POD 02-10) (DISTRICT: ALL)

OVERVIEW: This proposed ordinance amendment (POD 02-10) is the twenty-second clean up since the adoption of the present Zoning Ordinance in 1978. The amendments include regulations governing use permits, M54 screening, ordinance cross-references, correction of typographical errors, and second dwelling unit accessory structures. Changes include: an amendment to Section 7354(b)(2), Application for the Granting of a Use Permit, and the addition of Section 7357 that concerns the clarification of the boundaries and scope of a use permit; an amendment to Section 6706(c), Required Fences and Walls, and corrects an omission by including the M54 Use Regulations; amendment to Sections 2372(b) and (c), Permitted Uses, directing the reader to development standards located in Wholesaling, Storage and Distribution: Mini-Warehouses, Section 1550(a) and Custom Manufacturing, Sections 1610 and 6300; corrects typographical error in Section 7060(f) Decision and Notice; and amendment to Section 6156(x), Residential and Agricultural Use Types, clarifying regulations governing second dwelling unit accessory structures.

FISCAL IMPACT: N/A

7/9/03 11 RECOMMENDATION: PLANNING COMMISSION: 1. Find that the proposed amendments are exempt from environmental review as specified under the California Environmental Quality Act (CEQA) Section (b) 15061 (3) for projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity in question is not subject to CEQA (Attachment A).

2. Adopt the attached Form of Ordinance (Attachment B):

AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO USE PERMITS, M54 SCREENING, ORDINANCE CROSS- REFERENCES, CORRECTION OF TYPOGRAPHICAL ERRORS, AND SECOND DWELLING UNIT ACCESSORY STRUCTURES (POD 02-10)

DEPARTMENT OF PLANNING AND LAND USE: The Department of Planning and Land Use concurs.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting Ordinance No. 9569 (N.S.), entitled: AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO USE PERMITS, M54 SCREENING, ORDINANCE CROSS-REFERENCES, CORRECTION OF TYPOGRAPHICAL ERRORS, AND SECOND DWELLING UNIT ACCESSORY STRUCTURES (POD 02-10).

7. SUBJECT: NOTICED PUBLIC HEARING: QUESTHAVEN ROAD VACATION (VAC 02-004), SAN DIEGUITO COMMUNITY PLANNING AREA (DISTRICT: 5)

OVERVIEW: This is a request for Board approval to vacate, for public vehicular use, a portion of Questhaven Road located north of Elfin Forest Road and Harmony Grove Road in the San Dieguito Community Planning Area (Thomas Guide, page 1148, H1, 2003 Edition). The proposed vacation will be subject to a reservation of rights by the County for hiking and equestrian purposes and for vehicle ingress and egress for maintenance and emergency purposes.

The portion of Questhaven Road to be vacated is currently a non-Circulation Element public roadway. It runs parallel to Escondido Creek through a sensitive oak woodland habitat. It is narrow, unpaved and has not been improved to current County Public Road Standards. The County currently has no plans to improve this portion of Questhaven Road for vehicular use by the public.

7/9/03 12 FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find there is no substantial evidence the project will have a significant effect on the environment. Consider the Negative Declaration (ND), together with comments received during public review, and adopt it, finding it reflects the independent judgment and analysis of the Board of Supervisors. 2. Adopt a Resolution entitled Resolution to Vacate a Portion of Questhaven Road. 3. Direct the Clerk of the Board of Supervisors to record this Resolution pursuant to Streets and Highways Code Section 8325.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting Resolution No. 03-135, entitled: RESOLUTION TO VACATE A PORTION OF QUESTHAVEN ROAD.

8. SUBJECT: BORREGO VALLEY GROUNDWATER OVERDRAFT PROBLEM (DISTRICT: 5)

OVERVIEW: Groundwater levels in Borrego Valley have been declining for approximately 50 years in response to pumping rates exceeding the natural recharge of the aquifer system. Staff from County of San Diego Department of Planning and Land Use have been monitoring groundwater levels in the Valley. Recent data indicates that groundwater levels are continuing to decline, and that in certain parts of the Valley, the rate of groundwater decline is increasing.

The current Groundwater Ordinance was adopted in October 1991. Over the past 11 years, the Groundwater Ordinance has played a significant role in protecting the groundwater resources of the county. However, in Borrego Valley, groundwater levels have continued to decline.

On January 17, 2003, the Planning Commission passed a motion to request the Board of Supervisors to authorize staff to investigate the possibility of addressing the groundwater deficit problem in Borrego Valley. This may include recommendations for possible changes to the Groundwater Ordinance. Staff would work with stakeholders in the community and the Planning Commission to identify potential solutions to the groundwater overdraft problem in Borrego Valley and report back to the Board of Supervisors at the conclusion of the investigation.

7/9/03 13 FISCAL IMPACT: There is no fiscal impact associated with this action. Funds for this request are budgeted in the Department of Planning and Land Use annual funding for the Groundwater Program. This action will not require any additional positions.

RECOMMENDATION: PLANNING COMMISSION: Direct the Department of Planning and Land Use staff to work with stakeholders in the Borrego Valley community and the Planning Commission to begin the process of identifying potential options that may be used to solve the groundwater overdraft situation in Borrego Valley.

DEPARTMENT OF PLANNING AND LAND USE: The Department of Planning and Land Use concurs with the Planning Commission.

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

9. SUBJECT: BOARD OF SUPERVISORS POLICY FOR DESIGNING NEW COUNTY-OWNED COMMUNITY/LOCAL PARKS (DISTRICTS: ALL)

OVERVIEW: On May 7, 2003 (11), the Board of Supervisors approved an amendment to the County Zoning Ordinance deleting the requirement that parks proposed for development by the County be required to obtain a Major Use Permit. Included in the action of May 7, 2003 (11) was a direction to the Chief Administrative Officer to prepare a Board Policy specifying the design process for community/local parks by which the Department of Parks and Recreation will solicit community input, seek input and review by community advisory groups, obtain appropriate environmental review and request Board approval of a new project.

The requested action is to approve Board Policy I-44, Procedure for Designing New County-owned Community/Local Parks. The proposed Policy details the process for the design of community/local parks to ensure that community input and review is integrated into the design of a new park.

FISCAL IMPACT: The requested action will have no current year or annual cost and will not require any additional staff years. Any staff time required to implement the procedures of the proposed policy will be provided by existing budgeted resources in the Department of

7/9/03 14 Parks and Recreation annual budget.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find in accordance with section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines that it can be seen with certainty there is no possibility the proposed action may have a significant effect on the environment, and that this action is therefore exempt from CEQA.

2. Adopt Board Policy I-44, Procedure for Designing New County-owned Community/Local Parks.

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

10. SUBJECT: THE COUNTY OF SAN DIEGO MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN ANNUAL HABITAT TRACKING REPORT 2002 AND MAP UPDATE (DISTRICT: ALL)

OVERVIEW: The County Board of Supervisors adopted the County of San Diego’s Subarea Plan for the Multiple Species Conservation Program (MSCP) on October 22, 1997 (2). The County’s associated Implementing Agreement (IA) became effective on March 17, 1998. One of the specific responsibilities of the County of San Diego detailed within the Implementing Agreement is to prepare an Annual Report accounting for all of the habitat that was conserved and lost due to discretionary and certain ministerial approvals as well as land acquisitions for conservation purposes.

The 2002 Annual Report covers the period from January 1, 2002 through December 31, 2002. The report summarizes take (loss) and conservation (gain) within the three Subarea Plan segments: Lake Hodges, South County, and Metro-Lakeside-Jamul. During 2002, the County conserved 1,694.8 acres of habitat within the County MSCP preserve area. Through County efforts, an additional 828.9 acres was conserved outside the County MSCP preserve boundaries, within Otay and Tijuana River Valleys, for a total of 2,523.7 acres of land preserved. These lands were obtained through acquisitions funded by Federal and State agencies, exactions from development, and direct purchases of 891.19 key acres within MSCP preserves by the County. During the reporting period, the County also authorized the loss of 1,061.5 acres of habitat for development projects.

The map associated with the County of San Diego's MSCP Subarea Plan originally approved on October 22, 1997 (2) was updated to reflect several changes. The County intends in the future to update the Subarea Plan Map with the Annual Report as needed.

7/9/03 15 The Board is requested to receive the Annual Report and approve the updated Subarea Plan Map.

FISCAL IMPACT: This action results in no fiscal impact.

BUSINESS IMPACT STATEMENT: Adoption of the MSCP allows for a streamlined permitting process for local landowners and eliminates the need for duplicative efforts required by Wildlife Agencies with permit authority over sensitive species and habitats.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER: 1. Find that the approval of the 2002 Annual Report and the updated "County of San Diego Multiple Species Conservation Program Subarea Plan Map" are exempt from the California Environmental Quality Act (CEQA) because they are not projects as defined in Section 15378.

2. Receive the 2002 Annual Report.

3. Approve the updated "County of San Diego Multiple Species Conservation Program Subarea Plan Map."

11. SUBJECT: AMENDMENTS TO COUNTY AND DISTRICT DRAINAGE FEE ORDINANCES RELATED TO DEVELOPER REIMBURSEMENTS (DISTRICT: ALL)

OVERVIEW: On August 19, 1980 (67), the Board of Supervisors adopted a drainage fee ordinance providing for levy of drainage fees as a condition of tentative subdivision map approval. This County ordinance also provides for reimbursement by the Flood Control District to developers for construction of flood control master plan drainage facilities under certain conditions, both for on-site and off-site improvements. Reimbursement is limited to 100% for off-site improvements and a maximum of 50% for on-site improvements. Special Drainage Areas, which fall under Flood Control District Ordinance, were established to provide funding through a drainage fee system where fees are collected at the building permit stage of development. These Special Drainage Areas have infrastructure needs beyond the developer parcels, which benefit both developed and developing areas. It is important that drainage fees collected are available for these improvements. Amendments are needed in County and Flood Control District ordinances

7/9/03 16 to clarify that developers are responsible for funding their on-site drainage improvements, as they currently are for roads and utilities. These amendments would increase availability of Special Drainage Area funding for reimbursement of off-site facilities.

Proposed amendments to the County Drainage Fee Ordinance and the relevant Flood Control District ordinances would clarify that drainage fees collected within these Special Drainage Areas are for off-site infrastructure only, and would eliminate the 50% reimbursement to developers for on-site improvements. Instead, developers would receive credit in drainage fees applicable to on-site master drainage plan facilities up to 50% of the cost of such improvements. Reimbursement for 100% construction costs for off-site master drainage plan facilities would not be affected by the proposed amendments, and would remain in effect.

This is a request to approve amendments to Sections 810.210, 810.213 and 810.214 of the San Diego County Code of Regulatory Ordinances Relating to Drainage Fees, and San Diego County Flood Control District Ordinances No. 6 and No. 7 Relating to Drainage Fees for Special Drainage Areas.

FISCAL IMPACT: Requested actions will have no direct fiscal impact, as the Ordinance amendments do not cause projects to be constructed. The reimbursement mechanism for off-site improvements provided by this ordinance is not impacted, and will give the District the ability to achieve efficient construction of master plan drainage facilities by making it beneficial for a developer to construct facilities that benefit property outside of the specific development by funding those facilities with area-wide drainage fees. Proposed revisions to this ordinance will provide for timely installation of facilities that are consistent with the Drainage Facilities Master Plan through future cost savings by eliminating reimbursement for on-site facility costs which are above the drainage fee amount already required.

BUSINESS IMPACT STATEMENT: The Drainage Fee Ordinance currently provides for reimbursement by the Flood Control District to developers for construction of flood control master plan drainage facilities a maximum of 50% for on-site improvements and up to 100% for off-site improvements. Proposed amendments would eliminate the 50% reimbursement to developers for on-site improvements. Instead, developers would receive credit against their drainage fees for on-site master drainage plan facilities up to 50% of the cost of such improvements. Reimbursement for 100% construction costs for off-site master drainage plan facilities would not be affected.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Acting as Board of Supervisors and as Board of Directors, find in accordance with section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, that it can be seen with certainty that the below-recommended actions will not have a significant effect on the environment.

7/9/03 17 2. Acting as Board of Supervisors, approve for adoption the Ordinance, read the title, and waive further reading of the Ordinance:

AN ORDINANCE AMENDING SECTIONS 810.210, 810.213 AND 810.214 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO DRAINAGE FEES

3. Acting as Board of Directors of the San Diego County Flood Control District, approve for adoption the Ordinance, read the title, and waive further reading of the following Ordinance:

AN ORDINANCE AMENDING ORDINANCE NO. 6 OF THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT RELATING TO DRAINAGE FEES IN THE SPRING VALLEY/CASA DE ORO SPECIAL DRAINAGE AREA

4. Acting as Board of Directors of the San Diego County Flood Control District, approve for adoption the Ordinance, read the title, and waive further reading of the following Ordinance:

AN ORDINANCE AMENDING ORDINANCE NO. 7 OF THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT RELATING TO DRAINAGE FEES FOR EIGHT SPECIAL DRAINAGE AREAS

Relates to Flood Control District Agenda Item No. 1.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Ordinance: No. 9570 (N.S.), entitled: AN ORDINANCE AMENDING SECTIONS 810.210, 810.213 AND 810.214 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO DRAINAGE FEES

12. SUBJECT: RESOLUTIONS APPROVING MASTER AGREEMENT AND DELEGATING AUTHORITY TO EXECUTE ROUTINE STATE AGREEMENTS FOR PUBLIC WORKS PROJECTS (DISTRICT: ALL)

OVERVIEW: The State Transportation Improvement Program provides funding to local agencies for eligible transportation projects. The California Department of Transportation (Caltrans) distributes these funds to local agencies throughout the State. The County accepts funding for projects through Program Supplements to a Master Agreement. The Master Agreement includes basic provisions to ensure state and federal laws and regulations are

7/9/03 18 met for State-funded projects.

Each year, Caltrans allocates State Matching Funds and State Exchange Funds. Both of these funding sources are used to improve roads in the unincorporated area of San Diego County. In order to receive these funds, the County is required to enter into agreements with the State, similar to the Master Agreement and Program Supplements required for State funding of County projects under the State Transportation Improvement Program.

To ensure timely project funding, it is recommended that the Director, Department of Public Works, be delegated the authority to approve and execute Program Supplements to the Master Agreement along with agreements to accept State Matching and State Exchange Funds. On August 1, 2001 (10), the Board gave the Director similar authority to execute Program Supplements to a Master Agreement for Federally funded projects.

This is a request to accept and execute a Master Agreement with the State for State Transportation Improvement Program funded projects, and to adopt resolutions that authorize the Director, Department of Public Works, as County Officer to 1) approve and execute Program Supplements to the Master Agreement; and, 2) approve and execute agreements for receipt of State Matching and Exchange Funds.

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

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the proposed action is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15060(c)(3) of the State CEQA Guidelines because it is not a project as defined by Section 15378.

2. Approve and authorize the Clerk of the Board to execute, upon receipt, three copies of a Master Agreement with the State of California to receive State Transportation Improvement Program funding on eligible projects.

3. Adopt a Resolution entitled Resolution of the Board of Supervisors of the County of San Diego for Designation of Official to Execute Program Supplement Agreements for State Funded Projects, 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 State funding for transportation related projects.

4. Adopt a Resolution entitled Resolution Designating the Director, Department of Public Works, or his/her Designee, as County Officer Authorized to Approve and Execute Agreements Accepting State Matching Funds and State Exchange Funds for Transportation Related Projects.

7/9/03 19 ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Resolutions:

No. 03-136, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO FOR DESIGNATION OF OFFICIAL TO EXECUTE PROGRAM SUPPLEMENT AGREEMENTS FOR STATE FUNDED PROJECTS, 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 STATE FUNDING FOR TRANSPORTATION RELATED PROJECTS,

No. 03-137, entitled: RESOLUTION DESIGNATING THE DIRECTOR, DEPARTMENT OF PUBLIC WORKS, OR HIS/HER DESIGNEE, AS COUNTY OFFICER AUTHORIZED TO APPROVE AND EXECUTE AGREEMENTS ACCEPTING STATE MATCHING FUNDS AND STATE EXCHANGE FUNDS FOR TRANSPORTATION RELATED PROJECTS

13. SUBJECT: ADDITIONAL APPROPRIATIONS FOR OLD HIGHWAY 80 RESURFACING (DISTRICT: 2)

OVERVIEW: On June 15, 1999 (19), the Board approved an amendment to the TransNet Program and Regional Transportation Improvement Plan for Fiscal Years 1998-99 through 2003-04, which included six new road pavement rehabilitation projects funded with $2.9 million in federal Transportation Equity Act-21 (TEA-21) funds. One of these projects is resurfacing sections of Old Highway 80 asphalt shoulders, from Cattle Guard 2 to Mile Post 34, in the vicinities of Buckman Springs and Jacumba. Resurfacing of the shoulders will restore the structural integrity and prevent future costly road repair.

On August 8, 2001 (11), the Board authorized advertisement of a contract to resurface approximately 10 miles of Old Highway 80 asphalt shoulders and perform minor road repairs. On May 21, 2002 (34), the Board approved additional appropriations to fund this project based on savings from unused right-of-way funding for the San Vicente Road realignment project. On May 28, 2002, the Old Highway 80 project was awarded to Hanson SJH Construction.

Caltrans Local Assistance has advised us there is $75,619 remaining from completed TEA-21 projects and these funds are available for use on the Old Highway 80 project. Caltrans has provided the necessary fiscal information for securing these funds for the Old Highway 80 project.

This is a request to appropriate additional funds for the project based on saving from unused TEA-21 funds. This will ensure adequate funds are available for contract

7/9/03 20 contingencies. This will bring the total construction budget to $1,743,988.

FISCAL IMPACT: Funds for this request will come from unanticipated revenue from federal Transportation Equity Act-21 (TEA-21) ($75,619). If approved, this request will result in current year cost of $75,619, no annual cost, and no additional staff years will be required.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Establish appropriations of $75,619 in the Department of Public Works Detailed Work Program for resurfacing costs based on unanticipated revenue from federal Transportation Equity Act-21 (TEA-21). (4 VOTES)

2. Authorize the Director, Department of Purchasing and Contracting, to take actions authorized by Section 401, et seq, of the Administrative Code with respect to contracting for subject public works project.

3. Designate the Director, Department of Public Works, as the County Officer responsible for administering the construction contract in accordance with Board Policy F-41, Public Works Construction Contracts.

14. SUBJECT: AGREEMENTS WITH CONSULTANT FIRMS FOR LANDFILL AND BURNSITE EVALUATION AND TESTING SERVICES (DISTRICT: ALL)

OVERVIEW: The County of San Diego is responsible for monitoring its inactive landfills and burn sites throughout the County. This responsibility includes periodic studies to determine the presence of materials such as lead and other metals of concern that could pose a health risk under various exposure conditions. These waste characterization studies require development of investigation strategies, site reconnaissance of surface conditions and test sampling to determine composition of surface soils. At burn sites, the subsurface extent and composition of the site must also be studied. Consultants with technical expertise in this type of testing and evaluation are needed to perform these services.

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

7/9/03 21 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, the selection committee interviewed consultant firms from the Joint County/City/Port of San Diego consultant list for Environmental: Hazardous Materials services. The firms selected were ranked highest among firms interviewed for this project. The consultant firms URS Corporation, and Gradient Engineers, Inc., were selected as most qualified to perform required services.

This is a request to approve and authorize execution of agreements with the selected firms to provide required testing and evaluation services on an as needed basis for compensation not to exceed $250,000 each.

FISCAL IMPACT: Funds for this request are in the proposed Fiscal Year 2003-04 Department of Public Works Landfill Management Program. Funding source is the Solid Waste Environmental Trust Fund. If approved, this request will result in $500,000 current year costs, no annual cost and will require no additional staff years. There will be no impact to the General Fund.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find proposed action is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15060(c)(3) of the State CEQA Guidelines because it is not a project as defined by Section 15378.

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

3. Approve and authorize the Clerk of the Board to execute, upon receipt, three originals of agreements with Gradient Engineers, Inc. and URS Corporation to provide landfill and burnsite evaluation and testing services on an as-needed basis for compensation not to exceed $250,000 each. Agreements will terminate July 1, 2006, or when funds are exhausted or services are no longer required, whichever occurs first, with option to extend termination date by written mutual agreement if original funding remains available.

4. Designate the Director, Department of Public Works as County Officer responsible for administering the contracts.

7/9/03 22 15. SUBJECT: AGREEMENTS WITH FOUR ENVIRONMENTAL CONSULTING FIRMS TO PROVIDE SERVICES ON AN AS- NEEDED BASIS (DISTRICT: ALL)

OVERVIEW: The Department of Public Works has a need for consultant services on an immediate and temporary basis for environmental studies for the South Santa Fe Avenue Project, Bradley Avenue Project, Ramona Airport Project and for other public projects. These consultants may also be used to prepare environmental studies for other County departments. Use of these consultants will enhance the Department’s ability to complete environmental reviews and mitigation requirements in a timely manner.

Board Policy F-40, Procuring Architectural, Engineering and Related Professional Services, requires that consultants be selected by a Qualifications Based Selection method. This method requires consultant services be engaged on basis of demonstrated competence and qualifications for types of services to be performed at a fair and reasonable cost. In accordance with provisions of the policy, the selection committee interviewed consultant firms from the Joint County/City/Port of San Diego consultant list for Environmental Services. The firms selected were ranked highest among firms interviewed for this project.

This is a request to approve four separate agreements for environmental services to the following firms for fees not to exceed the amount specified: Mooney & Associates, Inc. ($100,000), EDAW, Inc. ($250,000), David Evans & Associates, Inc. ($225,000), and Jones & Stokes Associates, Inc. ($225,000). The agreements would begin upon Board approval and end June 30, 2006. The agreements authorize the Director, Department of Public Works to extend the termination date until funds are exhausted, and to adjust billing rates on an annual basis to mutually agreed upon fair and reasonable rates.

FISCAL IMPACT: Funds for this request are budgeted in the proposed Fiscal Year 2003-04 Department of Public Works Detailed Work Program. Funding sources are TransNet ($700,000) and Airport Enterprise funds ($100,000). All non-TransNet projects undertaken under this agreement will be reimbursed from appropriate funding sources. If approved, this request will result in $800,000 Fiscal Year 2003-04 year costs, no annual cost, and will require no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the proposed action is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15060(c)(3) of the State CEQA Guidelines because it is not a project as defined by Section 15378.

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

7/9/03 23 3. Approve and authorize the Clerk of the Board to execute, upon receipt, the following:

(a) An agreement with Mooney & Associates, Inc., to provide environmental services for the Ramona Airport Project for compensation not to exceed $100,000.

(b) An agreement with EDAW, Inc., to provide environmental services for the South Santa Fe Avenue Project for compensation not to exceed $100,000 and services for the Bradley Avenue Project for compensation not to exceed $100,000 and as- needed services for compensation not to exceed $50,000, for a total contract amount not to exceed $250,000.

(c) An agreement with David Evans & Associates, Inc., to provide environmental services for compensation not to exceed $225,000.

(d) An agreement with Jones & Stokes Associates, Inc., to provide environmental services for compensation not to exceed $225,000.

Agreements to commence upon Board approval and terminate June 30, 2006, or when funds are exhausted or services are no longer required, whichever shall occur first, with option to extend termination date by written mutual agreement if original funding remains available.

16. SUBJECT: 2003 COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY (CEDS) REPORT (DISTRICT: ALL)

OVERVIEW: The 2003 Comprehensive Economic Development Strategy Report is required by the federal Department of Commerce, Economic Development Administration in order to maintain regional eligibility for grant funding. The County has the lead in preparing and approving this report, with assistance provided by the Comprehensive Economic Development Strategy Committee. The Committee has representatives from many of the jurisdictions within San Diego County as well as the three economic development councils in the County. Federal grants support projects designed to create or retain full- time permanent jobs and income for the unemployed or underemployed in areas of economic distress.

This action requests approval of the 2003 Comprehensive Economic Development Strategy Report.

7/9/03 24 FISCAL IMPACT: There is no fiscal impact as a result of this action. If this request is approved, regional eligibility for federal Economic Development Administration project funding is maintained for 2003.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Approve the 2003 Comprehensive Economic Development Strategy Report.

17. SUBJECT: NEW APPOINTMENTS TO THE COUNTY’S REGIONAL ECONOMIC TASK FORCE (DISTRICT: ALL)

OVERVIEW: On April 15, 1997 (19), the Board of Supervisors adopted Resolution No. 97-113 establishing the Regional Economic Task Force (RETF). This group, whose mission is to advise the Board of Supervisors and the Chief Administrative Officer on issues affecting the economic prosperity of the region, is authorized to have representatives from twelve key cluster industries, a representative from a small/entrepreneurial business and an economist, for a total of fourteen members. Currently, there are four vacancies on the RETF. This action will result in the appointment of two new members for a period of three years.

FISCAL IMPACT: This request will result in no additional funding or staff years. The Office of Trade and Business Development, within its current budget, will continue to provide staffing.

BUSINESS IMPACT STATEMENT: This action will promote economic development and foster job growth, positively impacting the business community in the County of San Diego.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Appoint Mr. Johnnie Perkins, Jr., Director of Government Affairs, San Diego City Firefighters Association, representing Labor, to the Regional Economic Task Force for a term to expire December 31, 2006.

2. Appoint Mr. Robert E. Gustafson, President and CEO of Delphi Research, Inc., representing the Software Industry key cluster, to the Regional Economic Task Force

7/9/03 25 for a term to expire December 31, 2006.

18. SUBJECT: FISCAL YEAR 2003-04 REVENUE AGREEMENT FOR THE LEAKING UNDERGROUND STORAGE TANKS PROGRAM (DISTRICT: ALL)

OVERVIEW: The Local Oversight Program of the Department of Environmental Health enforces the clean up of spills associated with leaking underground fuel storage tanks, thereby protecting the County’s groundwater resources. The Program has been funded through a succession of revenue agreements with the State of California since 1988. Since its inception, over 1,820 cases involving contamination by leaking underground storage tanks have been resolved within the County. The Program currently oversees approximately 1,060 active cases. Roughly half of these cases involve the presence of methyl tertiary-butyl ether, a gasoline additive used to reduce exhaust emissions that is also a groundwater contaminant and suspected carcinogen. The Local Oversight Program is addressing this potential threat to the County’s groundwater resources through a risk-based approach by focusing on groundwater supplies that are most at risk, such as water wells in rural areas.

The Department of Environmental Health is seeking Board approval for the annual revenue agreement with the State of California Water Resources Control Board to continue oversight activities for sites contaminated by underground storage tank leaks throughout the county. $2,042,767 has been requested, however this amount will only be granted if the State has excess funding. Otherwise the proposed revenue agreement for Fiscal Year 2003-04 will be $1,936,750.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2003-04 CAO proposed budget for the Department of Environmental Health in the amount of $1,936,750. The funding source is the revenue agreement with State Water Resources Control Board. As a result of State budget constraints, reimbursement for Fiscal Year 2003-2004 has been limited to $1,936,750. If approved, this request will result in $1,936,750 in State contract revenue that will fully offset all Department of Environmental Health direct costs for this program. However, this is not a full cost recovery contract. Estimated indirect external overhead costs of $106,017 will not be offset in Fiscal Year 2003-04 by contract revenue. The Department of Environmental Health has requested an additional $106,017 for a total of $2,042,767 in an attempt to get full cost recovery. However, the State has indicated funding beyond the preliminarily approved $1,936,750 is very unlikely. It will

7/9/03 26 only be possible, if funds remain after funding all other Local Oversight Programs in the State. In the event the State approves more than the current budgeted amount, it will become over realized revenue used to offset indirect overhead costs. No additional County general purpose revenues, beyond what is currently in the Proposed CAO Budget for Fiscal Year 2003-04 are required, and there is no increase in staff years.

BUSINESS IMPACT STATEMENT: The Local Oversight Program provides services to underground storage tank owners, property owners, consultants, contractors and the San Diego community, through oversight of the investigation and clean-up of spills from underground storage tanks. Further, this program benefits businesses by insuring that clean-ups meet state and local standards, enabling tank owners or operators to be reimbursed for costs through the State Water Resources Control Board’s Underground Storage Tank Cleanup Fund.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. In accordance with section 15061(b)(3) of the State of California Environmental Quality Act (CEQA) Guidelines, find that it can be seen with certainty that there is no possibility this project may have a significant effect on the environment and that it is therefore exempt from CEQA.

2. Approve and authorize the Director, Department of Environmental Health, to execute a revenue agreement upon receipt, with the State of California Water Resources Control Board, not to exceed $2,042,767 for the period of July 1, 2003 through June 30, 2004, to fund the Local Oversight Program and oversee remedial action and clean-up from underground storage tank leaks.

3. Authorize the Director, Department of Environmental Health, to execute any extensions, amendments, and or revisions thereof that do not materially impact or alter either the program or funding level.

4. Waive Board Policy B-29: Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, with respect to full cost recovery for the implementation of this grant, as well as the requirement that work to be funded by a revenue contract not be undertaken until such contract is in place and presented to the Board for approval.

19. SUBJECT: ADVERTISEMENT TO BID AND AWARD A CONSTRUCTION CONTRACT – LAMAR PARK IMPROVEMENTS PHASE I,

7/9/03 27 SPRING VALLEY (DISTRICT: 2)

OVERVIEW: Lamar Park is a local park that consists of approximately 9 acres and is located in the community of Spring Valley. The proposed action will authorize the advertisement for public bidding and award of a construction contract for the Lamar Park Phase I Improvements project. The construction contract is estimated at $495,000, which includes a 10% contingency. Remaining funds will be used for related project costs, including construction inspection services and project contract administration costs.

Improvements in this phase include the installation of playground equipment, a family friendly restroom, site furnishings, Americans with Disabilities Act accessible walkways, irrigation system components, landscaping, on-site parking and a picnic pavilion.

Operations and maintenance of the constructed facilities will be the responsibility of San Miguel Local Park District – County Service Area 128. There will be no additional cost to the General Fund resulting from the proposed action.

FISCAL IMPACT: Funds for this request are budgeted and available in Capital Project KN0754. The funding sources are Proposition 12 Murray-Hayden grant funds and State of California Legislative Appropriations. If approved, this action will result in the award of a construction contract estimated at $495,000, which includes a 10% contingency, for construction of the project. Operations and maintenance of the constructed facilities will be the responsibility of San Miguel Local Park District – County Service Area 128. There will be no additional cost to the General Fund resulting from the proposed action.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the Mitigated Negative Declaration (ND) on file in the Department of Planning and Land Use as Log No. 83-BG-2 has been adopted in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, that the decision-making body has reviewed and considered the information contained therein before approving the project, that the ND reflects the independent judgment and analysis of the Board of Supervisors; and,

Find that there are no changes in the project or in the circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously adopted ND, or a substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since the ND was prepared.

2. Authorize the Director of Purchasing and Contracting to take any action authorized by Section 401 et seq of the Administrative Code, with respect to contracting for the Lamar Park Phase I Improvements project.

7/9/03 28 ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

20. SUBJECT: PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – SAMPLES REORGANIZATION TO THE CITY OF ENCINITAS (DISTRICT: 5)

OVERVIEW: Section 99 of the Revenue and Taxation Code requires that the Board of Supervisors adopt a property tax exchange before the Local Agency Formation Commission (LAFCO) can process a proposal for jurisdictional change.

The proposal is the annexation of a vacant 2.36-acre parcel to the City of Encinitas with concurrent detachment from County Service Area No. 83 (San Dieguito Local Parks).

FISCAL IMPACT: The proposal will result in reduction to the County’s share of property tax in the area, as well as a loss of service responsibility. RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER: Adopt the Resolution entitled: RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-138, entitled: RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES.

21. SUBJECT: PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – MARCHESINI REORGANIZATION TO HELIX WATER DISTRICT (DISTRICT: 2)

OVERVIEW: Section 99 of the Revenue and Taxation Code requires that the Board of Supervisors adopt a property tax exchange before the Local Agency Formation Commission (LAFCO) can process a proposal for jurisdictional change.

The proposal is to annex a 1.88-acre parcel to the Helix Water District and detach the

7/9/03 29 same parcel from the Padre Dam Municipal Water District.

FISCAL IMPACT: The action will result in an increase of approximately $100.00 in the County’s share of property tax collected in the area.

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

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-139, entitled: RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES.

22. SUBJECT: SET HEARING FOR 8/13/03 TIJUANA RIVER VALLEY - ACQUISITION OF ASSESSOR'S PARCEL NUMBERS 662-020-09 (HORWIN TRUST), 632-030-14 (WEISER TRUST) AND 632-040-15 (TONG/MCCARRON) (DISTRICT: 1)

OVERVIEW: On November 21, 1989 (38A), the Board of Supervisors approved the boundaries for the Tijuana River Valley Regional Park Focus Planning Area. The Coastal Conservancy, in partnership with the County, has completed the acquisition of approximately 1,800 acres located within the Focus Planning Area boundary and has recently identified and approved the following three parcels for acquisition: 1. APN 662-020-09 (Horwin Trust) 2. APN 632-030-14 (Weiser Trust) 3. APN 632-040-15 (Tong/McCarron) The Horwin Trust parcel is located north of Monument Road and is bordered by State Park lands (Thomas Brothers Map reference 1349 H-5). Following completion of the acquisition it is expected that the County will deed the parcel to the State of California. The Weiser Trust and Tong/McCarron parcels are located on Seacoast Drive, in Imperial Beach (Thomas Brothers Map reference 1349 E-1). Following completion of the acquisition it is expected that the County will deed these two parcels to the federal government for inclusion in the Tijuana Slough National Wildlife Refuge.

The Board is requested to set a hearing for August 13, 2003 to consider the purchase of the above referenced parcels. Funding for the acquisitions will be provided by previously budgeted Coastal Conservancy grant funds available in the Capital Outlay Fund. There will be no cost to the General Fund resulting from the requested action.

7/9/03 30 FISCAL IMPACT: There is no fiscal impact associated with this request to publish the Notice of Intention to Purchase and set a hearing to consider the approval of the purchase. Should the Board approve the purchase of the three parcels on August 13, 2003, the funding source for the purchase will be Coastal Conservancy Grant Funds (total of $570,000 for the three parcels), which are previously budgeted and available in Capital Project KA9730 – Tijuana River Valley Acquisitions. There will be no cost to the General Fund resulting from this action, and no additional staff years required.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Direct the Clerk of the Board of Supervisors to publish the required Notice of Intention to Purchase in accordance with Government Code Sections 25350 and 6063.

2. Set this matter for August 13, 2003, at which time the Board of Supervisors may consummate the purchase of Assessor's Parcel Nos. 662-020-09, 632-030-14, and 632-040-15.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, setting Hearing for August 13, 2003, 9:00 a.m.

23. SUBJECT: SET HEARING FOR 8/6/03 VALLEY CENTER ROAD MITIGATION – ACQUISITION OF A PORTION OF ASSESSOR’S PARCEL NUMBER 188-260-64 (JENSEN) (DISTRICT: 5)

OVERVIEW: On July 30, 2002 (10), the Board of Supervisors approved the Department of Public Works 2002-2003 Operational Plan, including the Detailed Work Program for road improvement projects. The Valley Center Road Improvement Project is a part of that approved plan. The first phase of the project proposes to construct improvements from the east end of Escondido extending 2.5 miles up the Valley Center Road summit. The proposed construction is scheduled to begin in September 2003 and includes widening the right of way to accommodate four 12-14 foot wide lanes, a 14-18 foot wide painted center median, two 5-foot bike lanes and an unpaved shoulder varying between 5 to 10 feet wide.

Prior to construction of improvements, the County must obtain various permits from the Army Corps of Engineers, the California Department of Fish and Game and the Regional Water Quality Control Board. The indicated Permits require the County to mitigate the impacts of the road construction on existing wetland property by enhancing or creating

7/9/03 31 other wetland areas on or near the project.

County staff is working to meet this requirement, and has located several potential mitigation sites along the project. Staff has successfully negotiated the first property purchase. A property owner has agreed to sell the property to the County and signed a contract. The Board is requested to set a hearing to consider approval of the real property contract for the mitigation parcel (Thomas Guide page 1090, F2). Staff will return to the Board with remaining acquisitions necessary to fulfill permit requirements.

FISCAL IMPACT: There is no fiscal impact associated with this request to publish the Notice of Intention to Purchase and to set a hearing to consider approval of the purchase. Should the Board approve the purchase on August 6, 2003, the funding source for the acquisition will be TransNet revenue and will result in a cost of $37,000 in Fiscal Year 2002-03, no additional subsequent year cost and will require no additional staff years. There will be no cost to the General Fund as a result of this action.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the Draft Environmental Impact Report for the Valley Center Road Widening Project, SCH No. 1999021081, on file in the Department of Public Works has been completed in compliance with California Environmental Act (CEQA) and State and County CEQA Guidelines, that the decision-making body has reviewed and considered the information contained therein prior to approving the project, and that the EIR reflects the independent judgment and analysis of the Board of Supervisors.

2. Find that there are no changes in the project or in circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously certified EIR, dated February 2000, or a substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since the EIR was prepared.

3. Direct the Clerk of the Board of Supervisors to publish the required Notice of Intention to purchase in accordance with Government Code Sections 25350 and 6063.

4. Set this matter for August 6, 2003 at which time the Board may consummate the purchase of a portion of Assessor’s Parcel Number 188-260-64 from David and Glory Jensen for $37,000.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, setting Hearing for August 6, 2003, 9:00 a.m.

7/9/03 32 24. SUBJECT: KENWOOD DRIVE IMPROVEMENT PROJECT – ACQUISITION OF PARCEL NOS. 2001-0298-A (BURR & CAVADIAS) AND 2001-0299-A (COWART) (DISTRICT: 2)

OVERVIEW: The Kenwood Drive Road Improvement Project is a part of the Fiscal Year 2003-04 Operational Plan in the Department of Public Works Detailed Work Program. This project consists of widening of Kenwood Drive, constructing curb, gutter and sidewalk, undergrounding utilities, and constructing drainage improvements between Bancroft Drive and Helix Street in Spring Valley. The completed project will provide increased traffic safety, as well as enhanced pedestrian access (2003 Thomas Guide, page 1271, B- 5). Two property owners have signed Real Property Contracts that the Board needs to approve. These property owners are Edward G. Burr and Sandra L. Burr, and Stephen Cavadias and Tula J. Cavadias, the owners of Assessor Parcel No. 504-011-32 from which Parcel No. 2001-0298-A is being acquired for the sum of $56,100; and Gary Cowart, the owner of Assessor Parcel Nos. 504-011-24 & 25 from which Parcel No. 2001-0299-A is being acquired for the sum of $42,300.

The Board is requested to approve these Real Property Contracts for the purchases of Parcel Nos. 2001-0298-A for the appraised value of $56,100 and 2001-0299-A for the appraised value of $42,300.

FISCAL IMPACT: Funds for this request are in the proposed Department of Public Works Detailed Work Program Fiscal Year 2003-04 operating plan. The funding source is Community Development Block Grant (CDBG). If approved, this request will result in $98,400 current year cost, no annual cost, and no additional staff years required.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Approve both Real Property Contracts acquiring road right of way from Edward G. Burr and Sandra L. Burr, and Stephen Cavadias and Tula J. Cavadias for the sum of $56,100 (Parcel No. 2001-0298-A); and Gary Cowart for the sum of $42,300 (Parcel No. 2001-0299-A) and authorize the Clerk of the Board to execute both contracts.

2. Authorize the Director of the Department of General Services or designee to execute any documents necessary to complete the escrow to complete these acquisitions.

7/9/03 33 25. SUBJECT: RIVERSIDE DRIVE IMPROVEMENT PROJECT – ACQUISITION OF PARCEL NOS. 2000-0308-A & B (LAKESIDE LAND COMPANY, INC) (DISTRICT: 2)

OVERVIEW: The Riverside Drive Improvement Project is a part of the Fiscal Year 2003-2004 Operational Plan in the Department of Public Works' Detailed Work Program. The project is located on Riverside Drive between the Mast Boulevard and Riverford Road intersection and Channel Road, and will connect and extend improvements on those roadways. The project will improve safety by creating a cul-de-sac at the east end of Lakeside Avenue and rerouting Lakeside Avenue to a T-intersection with Riverside Drive for safer transition than the current hairpin connection between Lakeside Avenue and Riverside Drive.

The Board is requested to approve the Real Property Contract for the purchase of Parcel Nos. 2000-0308-A & B from Lakeside Land Company, Inc. for $32,146.

FISCAL IMPACT: Funds for this proposal are budgeted in the Department of Public Works' Fiscal Year 2003/2004 Detailed Work Program. The funding source is TransNet revenue. If approved, this proposal will result in a cost of $32,146 in Fiscal Year 2003-2004, no additional cost in subsequent years, and the addition of no staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, in accordance with Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines, that the project is categorically exempt from the provisions of the Guidelines because it involves negligible or no expansion of an existing use.

2. Approve the Real Property Contract for the acquisition of Parcel Nos. 2000-0308-A & B from Lakeside Land Company, Inc. for $32,146 and direct the Clerk of the Board to execute two originals of the Real Property Contract.

3. Authorize the Director of the Department of General Services, or assignee, to execute all escrow and related documents to complete the purchase.

26. SUBJECT: ADMINISTRATIVE ITEM: COUNTY OF SAN DIEGO TRACT NO. 5103-1: APPROVAL OF FINAL MAP AND JOINT SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN

7/9/03 34 VALLE DE ORO PLANNING AREA (DISTRICT: 2)

OVERVIEW: This project is a subdivision consisting of 21 single-family residential lots and a total of 14.60 acres. It is located in the Rancho San Diego area on the north side of Fury Lane between Sundown Lane and Camino Alegre. (Thomas Guide Page 1271, G-4 and H-4, 2003 Edition) On March 22, 2000 (1), the Board approved Tentative Map 5103, and passed and adopted Zone Reclassification R96-006 for this tentative map, which was published as Ordinance No. 9134 (NS) March 30, 2000.

The project is being brought before the Board for approval of final map and secured joint agreement for public and private improvements, adoption of resolution accepting irrevocable offer of dedication and adoption of resolution accepting previously rejected offer to dedicate subdivision street.

FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Approve this map and accept on behalf of the public, subject to improvement, a portion of Fury Lane (SC 2070), and portion of Sundown Lane, for use as streets, as dedicated on said map.

2. Accept access rights from Lots 12 through 21 in and to Fury Lane (SC 2070), as relinquished and waived on said map.

3. Accept access restriction, noise protection, pedestrian and equestrian trail easements, all as granted or dedicated on said map.

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

5. Adopt the Resolution entitled Resolution Accepting an Irrevocable Offer of Dedication, (Parcel Map 16361) accepting the offer of dedication of a portion of Sundown Lane. (Attachment E)

6. Adopt the Resolution entitled Resolution Accepting Previously Rejected Offer To Dedicate Subdivision Street accepting the offer of dedication of a portion of Sundown Lane. (Attachment F)

7. Direct the Clerk of the Board of Supervisors to record adopted Resolution Accepting an Irrevocable Offer of Dedication and adopted Resolution Accepting Previously Rejected Offer to Dedicate Subdivision Street with the San Diego County Recorder.

7/9/03 35 ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Resolutions:

No. 03-140, entitled: RESOLUTION ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION, (PARCEL MAP 16361) ACCEPTING THE OFFER OF DEDICATION OF A PORTION OF SUNDOWN LANE

No. 03-141, entitled: RESOLUTION ACCEPTING PREVIOUSLY REJECTED OFFER TO DEDICATE SUBDIVISION STREET ACCEPTING THE OFFER OF DEDICATION OF A PORTION OF SUNDOWN LANE

27. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (DISTRICTS 1, 2 & 5)

OVERVIEW: On June 18, 2003 (6), the Board continued item 2-G to the meeting of June 25, 2003 at the request of the Chief Administrative Officer, withdrew item 1-A, amended the recommendation on item 5D to include a seven-ton weight limit, introducing an Ordinance for further Board consideration and adoption (second reading) on July 9, 2003, entitled, AN ORDINANCE ADDING SECTION 72.243.39 TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO, and took action as recommended on all of the remaining recommendations, with the exception of 2-G, on Consent, introducing Ordinances for further consideration on July 9, 2003, and adopting Resolutions: No. 299 (Item 2-A); No. 300 (Items 2-J1, 2-J2 and 2-J3); No. 301 (Items 2-H, 2-J4, 2-J5, 2-J6); No. 304 (Items 5-A and 5-B); No. 305 (Item 2-A); and No. 306 (Item 5-B). RECOMMENDATION: TRAFFIC ADVISORY COMMITTEE Adopt Ordinances entitled: AN ORDINANCE AMENDING SECTION 72.169.13. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO AN ORDINANCE AMENDING SECTION 72.162.36. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO AN ORDINANCE ADDING SECTION 72.243.39 TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE

7/9/03 36 COUNTY OF SAN DIEGO

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Ordinances:

No. 9573 (N.S.), entitled: AN ORDINANCE AMENDING SECTION 72.169.13. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO,

No. 9574 (N.S.), entitled: AN ORDINANCE AMENDING SECTION 72.162.36. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO,

No. 9575 (N.S.), entitled: AN ORDINANCE ADDING SECTION 72.243.39 TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO.

28. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: DEPARTMENT OF AGRICULTURE, WEIGHTS AND MEASURES POINT-OF-SALE AND CERTIFICATES OF QUARANTINE COMPLIANCE FEE ADJUSTMENTS (DISTRICT: ALL)

OVERVIEW: On June 18, 2003 (3), the Board introduced Ordinances for further Board consideration and adoption on July 9, 2003. RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt Ordinances entitled:

AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO FEES CHARGED BY THE DEPARTMENT OF AGRICULTURE, WEIGHTS AND MEASURES

AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO FEES FOR AUTOMATED POINT-OF-SALE STATIONS

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of

7/9/03 37 Supervisors took action as recommended, on Consent, adopting Ordinances:

No. 9576 (N.S.), entitled: AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO FEES CHARGED BY THE DEPARTMENT OF AGRICULTURE, WEIGHTS AND MEASURES,

No. 9577 (N.S.), entitled: AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO FEES FOR AUTOMATED POINT-OF-SALE STATIONS.

29. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES AND COUNTY CODE OF REGULATORY ORDINANCES ASSIGNED TO DEPARTMENTS WITHIN THE LAND USE AND ENVIRONMENT GROUP (DISTRICTS: ALL)

OVERVIEW: On June 18, 2003 (9), the Board introduced Ordinances for further Board consideration and adoption on July 9, 2003. RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt Ordinances entitled:

AN ORDINANCE AMENDING AND ADDING SECTIONS TO CHAPTER 1 AND REPEALING CHAPTER 3 OF DIVISION 1 OF TITLE 4 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO RULES AND REGULATIONS PERTAINING TO COUNTY PARKS

AN ORDINANCE AMENDING SECTIONS 61.149 AND 65.107 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO PREPARATION AND DISTRIBUTION OF FOOD

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Ordinances:

No. 9578 (N.S.), entitled: AN ORDINANCE AMENDING AND ADDING SECTIONS TO CHAPTER 1 AND REPEALING CHAPTER 3 OF DIVISION 1 OF TITLE 4 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO RULES AND REGULATIONS PERTAINING TO COUNTY PARKS,

7/9/03 38 No. 9579 (N.S.), entitled: AN ORDINANCE AMENDING SECTIONS 61.149 AND 65.107 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO PREPARATION AND DISTRIBUTION OF FOOD.

30. SUBJECT: PUBLIC COMMUNICATION Lynn Baker addressed the Board regarding GP2020.

ACTION: Heard; referred to the Chief Administrative Officer.

31. SUBJECT: CLOSED SESSION (CARRYOVER FROM 7/8/03 NO. 17)

OVERVIEW: A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) San Diego County Public Defenders Association, et al. v. Board of Retirement, et al.; San Diego County Superior Court No. GIC 782445 (consolidated with GIC 787872)

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

ACTION: No reportable matters.

There being no further business, the Board adjourned in memory of Dr. Zipporah Dobyns at 10:37 a.m.

THOMAS J. PASTUSZKA Clerk of the Board of Supervisors County of San Diego, State of California

Notes by: Hall

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

7/9/03 39