Regular Meeting Of s4

STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING MEETING AGENDA WEDNESDAY, JUNE 19, 2013, 09:00 A.M BOARD OF SUPERVISORS NORTH CHAMBER 1600 PACIFIC HIGHWAY, ROOM 310, SAN DIEGO, CALIFORNIA

REGULAR SESSION – Regular Meeting was called to order at 9:04 a.m.

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

Approval of Statement of Proceedings/Minutes for the meetings of May 8, 2013 and May 15, 2013.

ACTION: ON MOTION of Supervisor D. Roberts, seconded by Supervisor R. Roberts, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meetings of May 8, 2013 and May 15, 2013.

AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

NOTICE: THE BOARD OF SUPERVISORS MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY COUNTY STAFF DO NOT LIMIT ACTIONS THAT THE BOARD OF SUPERVISORS MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON THE RECOMMENDATIONS IN THE BOARD LETTER AS DETERMINATIVE OF THE ACTION THE BOARD OF SUPERVISORS MAY TAKE ON A PARTICULAR MATTER.

Board of Supervisors' Agenda Items

Agenda # Subject

WEDNESDAY, JUNE 19, 2013 1 1. CONTINUED ITEM FROM 5/15/13 AGENDA NO. 2: PURCHASE OF AGRICULTURAL CONSERVATION EASEMENT (PACE) PROGRAM - PURCHASE OF FIVE AGRICULTURAL EASEMENTS IN WARNER SPRINGS, POTRERO, FALLBROOK AND CAMPO (6/19/13 - SET HEARING; 7/17/13 - HOLD HEARING) [FUNDING SOURCE(S): GENERAL FUND FUND BALANCE]

2. NOTICED PUBLIC HEARING: PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES AND DIVESTITURE FROM COUNTY SERVICE AREA NO. 135 – MEADOWOOD MASTER PLANNED COMMUNITY

3. TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

4. AUTHORIZE SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT WITH UNITED STATES ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT TO MAINTAIN POSITION EXCLUSIVELY FOR COUNTY PROJECTS [FUNDING SOURCE(S): ROAD FUND]

5. SET HEARING FOR 8/7/13: HEARING TO CONFIRM FISCAL YEAR 2013-14 ASSESSMENTS IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT AND LANDSCAPE MAINTENANCE DISTRICT ZONES NO. 1 AND NO. 2 – (6/19/13 – SET HEARING; 8/7/13 – HEARING)

6. SET HEARING FOR 7/17/13: BOTTLE PEAK – ACQUISITION OF 382.21 ACRES FOR OPEN SPACE (BOTTLE PEAK RANCH LP) (6/19/13 – SET HEARING; 7/17/13 – HOLD HEARING) [FUNDING SOURCE(S): GENERAL PURPOSE REVENUE]

7. SET HEARING FOR 7/17/13: SAN VICENTE ROAD IMPROVEMENT PROJECT IN RAMONA; PURCHASE OF 9.38 ACRE PARCEL (BRITTON/KENDALL); AUTHORIZE AMENDMENT TO GRANT AGREEMENT WITH WILDLIFE CONSERVATION BOARD; DECLARE PORTION OF BARNETT RANCH PRESERVE A PUBLIC HIGHWAY (6/19/13 – SET HEARING; 7/17/13 – HOLD HEARING) [FUNDING SOURCE(S): ROAD FUND FUND BALANCE]

8. SET HEARING FOR 7/17/13: SYCAMORE CANYON/GOODAN RANCH PRESERVE – ACQUISITION OF 20 ACRES FOR OPEN SPACE (BARRATT AMERICAN INC.) (6/19/13 – SET HEARING; 7/17/13 – HOLD HEARING) [FUNDING SOURCE(S): GENERAL PURPOSE REVENUE]

9. APPROVAL OF THE EIGHTH AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE VALLEY CENTER PARKS AND RECREATION DISTRICT AND THE COUNTY OF SAN DIEGO [FUNDING SOURCE(S): PROCEEDS FROM THE SALE OF 6.9 ACRES OF PARK LAND PROPERTY BY THE VALLEY CENTER PARKS AND RECREATION DISTRICT] 2 1. SUBJECT: CONTINUED ITEM FROM 5/15/13 AGENDA NO. 2: PURCHASE OF AGRICULTURAL CONSERVATION EASEMENT (PACE) PROGRAM - PURCHASE OF FIVE AGRICULTURAL EASEMENTS IN WARNER SPRINGS, POTRERO, FALLBROOK AND CAMPO (6/19/13 - SET HEARING; 7/17/13 - HOLD HEARING) (DISTRICTS: 2 AND 5)

OVERVIEW: On May 15, 2013 (2), the Board of Supervisors continued the item to June 19, 2013.

The County of San Diego has initiated an agricultural conservation pilot program known as the Purchase of Agricultural Conservation Easement (PACE) program. The PACE program is intended to promote the long term preservation of agricultural land in the county. Under the PACE program, willing property owners are compensated for placing a perpetual irrevocable easement on their agricultural property which limits future uses and extinguishes future development potential.

County staff has identified property owners that are eligible to participate in the PACE program and by use of a ranking system, made offers to five with the highest rankings. Staff worked with these five property owners to negotiate contracts for the purchase of agricultural conservation easements over a total of 738-acres in Warner Springs, Potrero, Fallbrook and Campo at a cost of $1,709,000.

Today’s request requires two steps. On June 19, 2013, it is requested that the Board set a hearing for July 17, 2013, and provide public notice of the hearing. If the Board takes the actions recommended for June 19, 2013, then on July 17, 2013, after making the necessary findings, the Board is requested to approve the purchases of the agricultural easements of the above five properties.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2012-13 Operational Plan for the Department of Planning & Development Services. If approved, this request will result in current year cost of $1,694,000 for the purchase of the easements, and $15,000 for related title and escrow costs for a total of $1,709,000. The funding source is General Fund fund balance. There is no change in net current year General Fund costs and no additional staff years.

BUSINESS IMPACT STATEMENT: N/A

WEDNESDAY, JUNE 19, 2013 3 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER On June 19, 2013: 1. Find that the proposed action to set a hearing to consider approving the purchase of agricultural conservation easements over APNs 114-070-07, 114- 070-27, 28, 34, 114-080-13, 14, 114-120-24, 42, 101-562-06, 14, 652-061-01, 102-580-06 and 655-100-33 is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines, as it is not a project as defined under Section 15378 of the CEQA Guidelines.

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

3. Set a hearing for July 17, 2013, at which time the Board of Supervisors may consider approving the purchase of agricultural conservation easements over APNs 114-070-07, 114-070-27, 28, 34, 114-080-13, 14, 114-120-24, 42, 101- 562-06, 14, 652-061-01, 102-580-06 and 655-100-33.

If, on June 19, 2013, the Board takes the actions recommended in Items 1-3 above then, on July 17, 2013:

1. Find in accordance with Section 15317 of the CEQA Guidelines, that the purchase of agricultural conservation easements over APNs 114-070-07, 114- 070-27, 28, 34, 114-080-13, 14, 114-120-24, 42, 101-562-06, 14, 652-061-01, 102-580-06 and 655-100-33 is categorically exempt from the provisions of the CEQA guidelines, as it involves the purchase of easements interests to preserve agricultural and natural conditions.

2. Approve the Real Property Contract (Agreement) for the purchase of an agricultural conservation easement over APNs 114-070-07, 114-070-27, 28, 34, 114-080-13, 14, 114-120-24, and 42 from the Lovingier Family Trust for $1,047,000 and authorize the Director of General Services to execute two copies of the Agreement.

3. Approve the Real Property Contract for the purchase of an agricultural conservation easement over APNs 101-562-06 and 14 from Joseph and Joyce Edwards for $300,000 and authorize the Director of General Services to execute two copies of the Agreement.

4. Approve the Real Property Contract for the purchase of an agricultural conservation easement over APN 652-061-01 from The Carson Family Revocable Trust for $80,000 and authorize the Director of General Services to execute two copies of the Agreement.

5. Approve the Real Property Contract for the purchase of an agricultural conservation easement over APN 102-580-06 from Marquis Vawter and Karen Harvey for $75,000 and authorize the Director of General Services to execute

4 two copies of the Agreement. 6. Approve the Real Property Contract for the purchase of an agricultural conservation easement over APN 655-100-33 from Johnson Family Trust for $192,000 and authorize the Director of General Services to execute two copies of the Agreement.

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

8. Direct the Chief Administrative Officer to report back to the Board within 120 days of all easement acquisitions completing escrow. The report will detail the opportunities and challenges realized during the program’s implementation, provide an analysis of program demand and property characteristics of interested program participants, discuss outside funding opportunities and provide options for future County PACE program efforts.

ACTION: Noting for the record that an Errata Sheet was submitted deleting the community of Ranchita from the Subject line, ON MOTION of Supervisor Jacob, seconded by Supervisor D. Roberts, the Board took action as recommended, revising recommendation number 8 for the July 17, 2013 action to read, “Direct the Chief Administrative Officer to return to the Board within 120 days with a report that will detail the opportunities and challenges realized during the program’s implementation, provide an analysis of program demand and property characteristics of interested program participants, and identify the appropriate funding to continue the County PACE program for the 16 remaining top ranked properties,” and setting a Hearing for July 17, 2013.

2. SUBJECT: NOTICED PUBLIC HEARING: PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES AND DIVESTITURE FROM COUNTY SERVICE AREA NO. 135 – MEADOWOOD MASTER PLANNED COMMUNITY (DISTRICT: 5)

OVERVIEW: The subject property, referred to as the Meadowood Master Planned Community, is an 844 unit residential subdivision located in the northeast quadrant of the SR-76 and I-15 Interchange in the community of Fallbrook. As a condition of approval, the project is required to annex into the North County Fire Protection District (NCFPD) for fire services. The project is also conditioned to detach from the San Luis Rey Municipal Water District while concurrently annexing into the Valley Center Municipal Water District. The item before the Board of Supervisors (Board) covers two actions: Property tax negotiations and divestiture.

WEDNESDAY, JUNE 19, 2013 5 Regarding property tax negotiations, 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 (in this case, annexation). The action before the Board is to approve the property tax exchange resolution, which will take certain property taxes currently received by the County and transfer them to the NCFPD to cover a portion of the costs associated with providing fire and emergency services to the project. Additionally, the resolution will transfer the property taxes received by the San Luis Rey Municipal Water District to the Valley Center Municipal Water District.

Regarding divestiture, the action before the Board is to approve the resolution that removes the subject property from the structural fire protection and emergency medical services zone of County Service Area 135, to allow the concurrent annexation into the NCFPD service area.

FISCAL IMPACT: If approved, this request will result in a shift of General Purpose Revenue of approximately $6,500 per year received in property tax revenue to the North County Fire Protection District. There will be no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Adopt the Resolution entitled: RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES.

2. Adopt the Resolution entitled: A RESOLUTION OF APPLICATION BY COUNTY SERVICE AREA #135 (SAN DIEGO COUNTY REGIONAL COMMUNICATIONS SYSTEM) REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR: DIVESTITURE OF STRUCTURAL FIRE AND EMERGENCY MEDICAL SERVICES LATENT POWERS IN THE MEADOWOOD PROJECT BOUNDARY.

ACTION: ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 13-062, entitled: RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES and adopting Resolution No. 13-063, entitled: A RESOLUTION OF APPLICATION BY COUNTY SERVICE AREA #135 (SAN DIEGO COUNTY REGIONAL COMMUNICATIONS SYSTEM) REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO TAKE PROCEEDINGS FOR: DIVESTITURE OF STRUCTURAL FIRE AND EMERGENCY MEDICAL SERVICES LATENT POWERS IN THE MEADOWOOD PROJECT BOUNDARY.

6 AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

3. SUBJECT: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (DISTRICTS: 2, 3 & 5)

OVERVIEW: The Traffic Advisory Committee meets every six weeks to review proposed additions, deletions or changes to regulatory traffic controls. Five items were on the Committee’s April 19, 2013 meeting agenda. The Committee recommends your action on all five items.

FISCAL IMPACT: Funds for this proposal are included in the Department of Public Works Road Fund Fiscal Year 2012-13 Operational Plan. If approved, there will be no change in net General Fund cost and no additional staff years.

RECOMMENDATION: TRAFFIC ADVISORY COMMITTEE District 2 2-A. Vista Grande Road between Townsend Place and Vista Grande Court (57th Edition Thomas Guide Page 1272, C2) El Cajon – Establish a passenger loading zone from 7:00 AM to 5:00 PM on School Days along the west side of Vista Grande Road from Townsend Place southerly for 300 feet and a bus loading zone from 8:30 AM to 9:30 AM and 1:30 PM to 4:00 PM on School Days on the west side of Vista Grande Road from a point 300 feet north of Vista Grande Court northerly for 130 feet.

District 3 3-A. Camino San Bernardo from Camino del Norte southerly to the End of County-Maintenance (57th Edition Thomas Guide Page 1169, G4) 4S Ranch -- Direct the existing 45 MPH speed limit be recertified for continued radar speed enforcement.

District 5 5-A. Alturas Road from Fallbrook Street southerly to the End (57th Edition Thomas Guide Page 1027, E3) Fallbrook -- Direct the existing 35 MPH speed limit be recertified for continued radar speed enforcement. 5-B. Reche Road from Via Vista easterly to Old Highway 395 (57th Edition Thomas Guide Page 1028, C5) Fallbrook -- Direct the existing 45 MPH speed limit be recertified for continued radar speed enforcement. 5-C. Winter Haven Road from Brooke Road easterly to Winterwarm Road (57th Edition Thomas Guide Page 1027, J7) Fallbrook -- Direct the existing 45 MPH speed limit be recertified for continued radar speed enforcement.

WEDNESDAY, JUNE 19, 2013 7 CHIEF ADMINISTRATIVE OFFICER 1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15301 of the state CEQA Guidelines.

2. Adopt the Traffic Advisory Committee’s recommendations.

3. Adopt the following resolution: RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 300 RELATING TO THE ESTABLISHMENT OF LOADING ZONES IN THE COUNTY OF SAN DIEGO (ITEM 2-A).

ACTION: ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 13-064, entitled: RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 300 RELATING TO THE ESTABLISHMENT OF LOADING ZONES IN THE COUNTY OF SAN DIEGO (ITEM 2-A).

4. SUBJECT: AUTHORIZE SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT WITH UNITED STATES ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT TO MAINTAIN POSITION EXCLUSIVELY FOR COUNTY PROJECTS (DISTRICTS: ALL)

OVERVIEW: The Federal Water Resources Development Act of 2000 allows the Secretary of the Army to accept and expend funds contributed by non-federal public entities to expedite evaluation of permits under the jurisdiction of the Department of the Army. On June 13, 2007 (7), the Board of Supervisors authorized staff to execute a Memorandum of Agreement with the U.S Army Corps of Engineers, Los Angeles District to advance essential County projects to completion by funding dedicated staff to focus on processing County permit applications, review for permit compliance, and coordinate with County staff to plan for future permit needs. Since the Memorandum of Agreement has been in effect the U.S. Army Corps of Engineers, Los Angeles District, has facilitated the review of 40 priority County projects worth an estimated $175 million.

This is a request to authorize execution of the second amendment to the Memorandum of Agreement between the U.S. Army Corps of Engineers, Los Angeles District and the County. The Fiscal Year 2013-2014 CAO Recommended Operational Plan for the Department of Public Works includes an allocation of $128,955.66 to replenish funding to $200,000 to maintain a Water Resources Development Act position at the U.S. Army Corps of Engineers, Los Angeles District to expedite evaluation of permits for County projects under the jurisdiction

8 of the Department of the Army through December 31, 2016.

FISCAL IMPACT: Funding for this agreement as established in the Memorandum of Agreement (MOA) is included in the Fiscal Year 2013-14 CAO Recommended Operational Plan for the Department of Public Works. The funding source is Road Fund ($128,955.66). This amount, combined with the existing balance in the MOA, will bring total capacity to $200,000. As projects are processed, the Road Fund will be reimbursed by the various funding sources for those projects not involving work on roads within the County maintained road system. Projects from any department can use these services, so actual project-by-project funding sources may include grant financing, General Fund, Federal Highways Administration, TransNet, Sanitation Districts, Flood Control District, and Airport Enterprise Fund, etc. Actual expenditures in Fiscal Year 2013-14, as well as subsequent year costs, will depend greatly on the number and frequency of projects subject to Department of Army permit requirements. If there is a balance at the end of the fiscal year, it will be applied to the subsequent year agreement. There will be no change in net General Fund cost and no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Authorize and direct the Director, Department of Public Works to execute the second amendment to the Memorandum of Agreement between the U.S. Army Corps of Engineers, Los Angeles District and the County of San Diego to extend to December 31, 2016.

ACTION: ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.

5. SUBJECT: SET HEARING FOR 8/7/13: HEARING TO CONFIRM FISCAL YEAR 2013-14 ASSESSMENTS IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT AND LANDSCAPE MAINTENANCE DISTRICT ZONES NO. 1 AND NO. 2 – (6/19/13 – SET HEARING; 8/7/13 – HEARING) (DISTRICTS: ALL)

OVERVIEW: This item addresses the continuation of existing street lighting and landscape maintenance assessments for Fiscal Year 2013-14 with rate changes to Landscape Maintenance District Zone No.1. Each year a public hearing is held to confirm benefit levies for street lighting and landscape maintenance districts for the coming fiscal year.

WEDNESDAY, JUNE 19, 2013 9 San Diego County Lighting District The San Diego County Street Lighting District (SDCSL District) operates and maintains approximately 10,184 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 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 2013-14 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 (LMDZ) No. 1 was established to supplement revenue assessed by County Service Area No. 26 – Rancho San Diego for park operation, maintenance and improvements within the LMDZ No. 1 boundary. In Fiscal Year 2013-14, LMDZ No. 1 will increase the maximum authorized rate of $30.39 to $30.88 per single family home per year per Consumer Price Index contained in the annual Engineer’s Report.

Landscape Maintenance District Zone No. 2 Landscape Maintenance District Zone (LMDZ) 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 2013-14 for LMDZ 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. The proposed assessments must be confirmed by the Board at an annual public hearing. On June 19, 2013, the actions requested are to approve the Engineer’s Reports for the San Diego County Street Lighting District and LMDZ Nos. 1 and 2, and to set a public hearing date of August 7, 2013. If the Board takes these actions on June 19, 2013, then at the hearing on August 7, 2013, after hearing public testimony, the Board will be asked to consider adopting resolutions confirming the assessments. These actions are discretionary after consideration of public testimony.

FISCAL IMPACT: The proposed assessment levies are consistent with revenues shown in the Fiscal Year 2013-14 CAO Recommended Operational Plan. There is no proposed increase in assessments for the San Diego County Street Lighting District for Fiscal Year 2013-14. The proposed increase of $2,443 for Landscape Maintenance District Zone No. 1 is included in the Recommended Fiscal Year 2013-14 Operational Plan for Landscape Maintenance District Zone No. 1. There is no 10 proposed increase in assessments for Fiscal Year 2013-14 for Landscape Maintenance District Zone No. 2. If approved, there will be no change in net General Fund cost and no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER On June 19, 2013 1. Find that the proposed activity is not subject to review under the California Environmental Quality Act (CEQA) as specified under state 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 state CEQA Guidelines.

2. Accept and approve the Engineer’s Reports for the San Diego County Street Lighting District and Landscape Maintenance District Zone Nos. 1 and 2.

3. Adopt a Resolution entitled: RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS FOR THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT, and set a hearing for August 7, 2013.

4. Adopt a Resolution entitled: RESOLUTION OF INTENTION TO ORDER OPERATION, MAINTENANCE AND IMPROVEMENTS FOR THE LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 1, and set a hearing for August 7, 2013.

5. Adopt a Resolution entitled: RESOLUTION OF INTENTION TO ORDER OPERATION, MAINTENANCE AND IMPROVEMENTS FOR THE LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2, and set a hearing for August 7, 2013.

If, on June 19, 2013, the Board takes action on the Recommendations above, and after public testimony, then on August 7, 2013:

1. Adopt a Resolution entitled: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENTS 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.

WEDNESDAY, JUNE 19, 2013 11 ACTION: ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 13-065, entitled: RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS FOR THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT; adopting Resolution No. 13-066, entitled: RESOLUTION OF INTENTION TO ORDER OPERATION, MAINTENANCE AND IMPROVEMENTS FOR THE LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 1 and adopting Resolution No. 13-067, entitled: RESOLUTION OF INTENTION TO ORDER OPERATION, MAINTENANCE AND IMPROVEMENTS FOR THE LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2; and setting a Hearing for August 7, 2013.

6. SUBJECT: SET HEARING FOR 7/17/13: BOTTLE PEAK – ACQUISITION OF 382.21 ACRES FOR OPEN SPACE (BOTTLE PEAK RANCH LP) (6/19/13 – SET HEARING; 7/17/13 – HOLD HEARING) (DISTRICT: 5)

OVERVIEW: The County has identified 382.21 acres available for acquisition southwest of Lake Wohlford and east of Valley Center Road in the unincorporated area east of Escondido (2012 Thomas Guide page 1110, G-4). The property provides an important wildlife corridor linkage and is identified as a Pre-Approved Mitigation Area in the Multiple Species Conservation Program (MSCP) Draft North County Plan. The appraised value of the property is $3,250,000.

Today’s request requires two steps. On June 19, 2013, it is requested that the Board set a hearing for July 17, 2013, and provide public notice of the hearing. If the Board takes the actions recommended for June 19, 2013, then on July 17, 2013, after making the necessary findings, the Board is requested to approve the purchase from Bottle Peak Ranch LP of Assessor’s Parcel Numbers 240-110-03; 240-340- 06; 240-350-06, -07; 240-360-01, -02, -03, -04, -05, -06, -07; 240-370-01, -02, -03, -04, -05, and 240-380-01, -02, -03 for the appraised value of $3,250,000.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2013-14 CAO Recommended Operational Plan for Multiple Species Conservation Program (MSCP) Acquisitions Fund. If approved, this request will result in a current year cost of $3,654,500 itemized as follows: $3,250,000 for property acquisition; $31,500 for staff and due diligence expenses to complete the transaction; $3,000 for closing and title costs; and $370,000 in one-time land protection costs, including preparation of a resource management plan, signage, gates, fencing, vegetation management and boundary survey.

Total annual costs for land stewardship, adaptive management, and monitoring of 12 the 382.21 acres are estimated at $23,000 per year. The funding source will be General Purpose Revenue and will be provided for in future Operational Plans. In addition, there will be an annual cost of $4,506 for fixed charge assessments including vector control and water standby charges. There will be no change in current year net General Fund costs and no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER On June 19, 2013: 1. Set a hearing for July 17, 2013 at which time the Board may authorize the Director, Department of General Services to exercise the option to purchase 382.21 acres of land, consisting of Assessor Parcel Numbers (APNs) 240- 110-03; 240-340-06; 240-350-06, -07; 240-360-01, -02, -03, -04, -05, -06, -07; 240-370-01, -02, -03, -04, -05, and 240-380-01, -02, -03 for the appraised value of $3,250,000.

2. Direct the Clerk of the Board of Supervisors to provide notice of said hearing via publication and posting as required by law.

1. Find, in accordance with Section 15325 of the California Environmental Quality Act (CEQA) Guidelines, that the purchase of APNs 240-110-03; 240- 340-06; 240-350-06, -07; 240-360-01, -02, -03, -04, -05, -06, -07; 240-370- 01, -02, -03, -04, -05, and 240-380-01, -02, -03 is categorically exempt from the provisions of the CEQA, as it involves the transfer of ownership of land to preserve open space and natural conditions.

2. Authorize the Director, Department of General Services to exercise the option to purchase from Bottle Peak Ranch LP APNs 240-110-03; 240-340- 06; 240-350-06, -07; 240-360-01, -02, -03, -04, -05, -06, -07; 240-370-01, -02, -03, -04, -05, and 240-380-01, -02, -03 for the appraised value of $3,250,000.

3. Authorize the Director, Department of General Services, or designee, to execute all escrow and related documents necessary to complete the purchase with Bottle Peak Ranch LP pursuant to the terms of the Option Agreement, Purchase and Sale Agreement.

ACTION: ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, setting a Hearing for July 17, 2013.

WEDNESDAY, JUNE 19, 2013 13 AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn

7. SUBJECT: SET HEARING FOR 7/17/13: SAN VICENTE ROAD IMPROVEMENT PROJECT IN RAMONA; PURCHASE OF 9.38 ACRE PARCEL (BRITTON/KENDALL); AUTHORIZE AMENDMENT TO GRANT AGREEMENT WITH WILDLIFE CONSERVATION BOARD; DECLARE PORTION OF BARNETT RANCH PRESERVE A PUBLIC HIGHWAY (6/19/13 – SET HEARING; 7/17/13 – HOLD HEARING) (DISTRICT: 2)

OVERVIEW: The San Vicente Road Improvement project (“Project”) proposes widening an approximately 2.25-mile segment of San Vicente Road from Warnock Drive to just east of the intersection with Wildcat Canyon Road (2007 Thomas Guide page 1172-G3-4, H4-5, J5, and 1173-A5). The project will improve line of sight for motorists, traffic operations, and storm-water conveyance to accommodate the 100- year flood. It will also enhance safety for bicyclists, pedestrians, and equestrians through the installation of two bicycle lanes, a stabilized disintegrated granite pathway on the west and south side of the road, and a graded parkway on the east and north side of the road.

The Project impacts approximately 6.6 acres of the Barnett Ranch Preserve, a 716- acre County-owned property managed by the Department of Parks and Recreation. Under the provisions of Public Resources Code Sections 5400-5409, the County is required to acquire replacement park land to offset the area within the preserve that is impacted by the Project. Staff has identified a 9.38-acre parcel adjacent to the preserve that is available for purchase and is suitable for replacement park land. Because the County used a grant from the Wildlife Conservation Board (WCB) to purchase the Barnett Ranch property in 2001, the entire preserve is encumbered with grant restrictions that govern the County’s use and management of the preserve. Once the replacement property is acquired, the existing grant agreement between WCB and County will need to be amended to exclude the area required for the road improvements and include the preserve replacement property.

Today’s request requires two steps. On June 19, 2013, it is requested that 1) the Board set a hearing for July 17, 2013 to consider the acquisition of Assessor’s Parcel Number 285-070-13, and provide public notice of the hearing, 2) authorize the Director, Department of Parks and Recreation, or designee, to execute an amendment to the existing grant agreement with the Wildlife Conservation Board, and 3) adopt a resolution declaring portions of Barnett Ranch Preserve required for road right of way to be a public highway. If the Board takes the actions recommended for June 19, 2013, then on July 17, 2013, after making the necessary findings, the Board is requested to approve the purchase of Assessor’s Parcel Number 285-070-13 in the amount of $154,360.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2012-2013 Operational Plan in the Department of Public Works Detailed Work Program. The funding source is Road Fund fund balance. If approved, this request will result in a total cost of 14 $156,360, which includes $154,360 for the purchase of APN 285-070-13 (Britton/Kendall), plus $2,000 for title and escrow fees. There will be no change in current year net General Fund costs and no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER On June 19, 2013 1. Find that the Final Environmental Impact Report (FEIR) for the San Vicente Road Project, dated January 26, 2011, SCH No. 2009051044, on file with the Department of Public Works was prepared in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, and that the decision making body has reviewed and considered the information contained therein prior to approving the project; and

Find that the currently proposed actions are within the scope of the FEIR; that there are no changes in the project or in the circumstances under which it is to be undertaken that would result in significant environmental impacts beyond those considered in the certified FEIR and no new information of substantial importance has become available since the FEIR was prepared. The proposed acquisitions are consistent with the FEIR certified on January 26, 2011.

2. Set a hearing for July 17, 2013, to consider approving the purchase of Assessor’s Parcel Number 285-070-13 from Bonnie Britton and Patricia Lynn Kendall for $154,360.

4. Authorize the Director, Department of Parks and Recreation, or designee, to negotiate and execute an amendment to Grant Agreement Number WC- 1052DT with the Wildlife Conservation Board.

5. Adopt a Resolution entitled: DECLARATION OF A PORTION OF COUNTY PROPERTY FOR PUBLIC HIGHWAY.

If on June 19, 2013, the Board takes the actions recommended in Items 1-5 above, then on July 17, 2013:

1. Find that the Final Environmental Impact Report (FEIR) for the San Vicente Road Project, dated January 26, 2011, SCH No. 2009051044, on file with the Department of Public Works, was prepared in compliance with California Environmental Quality Act (CEQA) and the CEQA Guidelines, and that the decision making body has reviewed and considered the information contained therein prior to approving the project; and

WEDNESDAY, JUNE 19, 2013 15 Find that the currently proposed actions are within the scope of the FEIR; that there are no changes in the project or in the circumstances under which it is to be undertaken that would result in significant environmental impacts beyond those considered in the certified FEIR and no new information of substantial importance has become available since the FEIR was prepared. The proposed acquisitions are consistent with the FEIR certified on January 26, 2011.

2. Approve and authorize the Director, Department of General Services, to execute two originals of the Purchase and Sale Agreement and Joint Escrow Instructions for the purchase of Assessor’s Parcel Number 285-070-13 from Bonnie Britton and Patricia Lynn Kendall for $154,360.

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

ACTION: ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, adopting Resolution No. 13-068, entitled: DECLARATION OF A PORTION OF COUNTY PROPERTY FOR PUBLIC HIGHWAY and setting a Hearing for July 17, 2013.

8. SUBJECT: SET HEARING FOR 7/17/13: SYCAMORE CANYON/GOODAN RANCH PRESERVE – ACQUISITION OF 20 ACRES FOR OPEN SPACE (BARRATT AMERICAN INC.) (6/19/13 – SET HEARING; 7/17/13 – HOLD HEARING) (DISTRICT: 2)

OVERVIEW: The County has identified 20 acres in the Poway area west of State Route 67 and east of Marine Corps Air Station Miramar available for inclusion in the Sycamore Canyon/Goodan Ranch Preserve (Thomas Guide page 1211, D-4). The property will help provide an important north-south trail connection and preserve valuable habitat within a Pre-Approved Mitigation Area of the Multiple Species Conservation Program (MSCP) South County Subarea Plan.

Today’s request requires two steps. On June 19, 2013, it is requested that the Board set a hearing for July 17, 2013, and provide public notice of the hearing. If the Board takes the actions recommended for June 19, 2013, then on July 17, 2013, after making the necessary findings, the Board is requested to approve the purchase from Barratt American Inc. of Assessor’s Parcel Number 374-030-01. The current market value of the property is $180,000.

16 FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2013-14 CAO Recommended Operational Plan for Multiple Species Conservation Program (MSCP) Acquisitions Fund. If approved, this request will result in costs of $214,940 itemized as follows: $180,000 for property acquisition, $30,700 for staff and due diligence expenses to complete the transaction, $2,500 closing and title costs and $1,740 in one-time land protection costs, signage and access control.

Total annual costs for land stewardship, adaptive management, and monitoring of the 20 acres are estimated at $7,250 per year. In addition, there will be an annual cost of $4 for fixed charge assessments for vector control. The funding source will be General Purpose Revenue and will be provided for in future Operational Plans. There will be no change in current year net General Fund costs and no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER On June 19, 2013: 1. Set a hearing for July 17, 2013 at which time the Board may authorize the Director, Department of General Services to exercise the option to purchase APN 374-030-01.

1. Find, in accordance with Section 15325 of the California Environmental Quality Act (CEQA) Guidelines, that the purchase of APN 374-030-01 is categorically exempt from the provisions of the CEQA, as it involves the transfer of ownership of land to preserve open space and natural conditions.

2. Approve and authorize the Director, Department of General Services, to execute two originals of the Purchase and Sale Agreement and Joint Escrow Instructions (Agreement) for the purchase of APN 374-030-01 from Richard Kipperman, Chapter 7 Trustee for Barratt American Inc., for the appraised value of $180,000.

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

WEDNESDAY, JUNE 19, 2013 17 ACTION: ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, setting a Hearing for July 17, 2013.

9. SUBJECT: APPROVAL OF THE EIGHTH AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE VALLEY CENTER PARKS AND RECREATION DISTRICT AND THE COUNTY OF SAN DIEGO (DISTRICT: 5)

OVERVIEW: The Valley Center Parks and Recreation District is an independent park district that owns and operates recreational facilities in the unincorporated community of Valley Center. On December 13, 1994 (79), the Board approved a Joint Exercise of Powers Agreement (JEPA) for recreational funding improvements for the Valley Center Parks and Recreation District (known at the time as the Valley Center Community Services District). To date, there have been seven amendments to the JEPA, which have provided Park Land Dedication Ordinance funds for the acquisition and improvement of Valley Center parks.

On July 21, 1998 (9), the Board of Supervisors approved the First Amendment to the JEPA, in the amount of $430,000, between the County of San Diego and the Valley Center Parks and Recreation District (VCPRD), for improvements to four parks and the acquisition of a 9-acre parcel of park land (Assessor’s Parcel No. 186-230-6400, Thomas Guide page 409 E-9). Funding for this action was provided by Park Land Dedication Area 38 Valley Center Funds. Due to a number of development obstacles, VCPRD would like to sell 6.9 acres of the original 9- acre parcel and use the proceeds to purchase replacement park land. After purchase, any remaining funds will be remitted back to the Park Land Dedication Area 38 Valley Center Fund. If VCPRD does not identify suitable replacement park land property within nine months, all funds will be remitted back to the Park Land Dedication Area 38 County Valley Center Fund.

The requested action will authorize the Director, Department of Parks and Recreation, to execute the Eighth Amendment to the existing JEPA with VCPRD to allow the sale of the 6.9-acre parcel of undeveloped park land, require the deposit of sale proceeds to be placed in the Parks and Recreation trust fund, and to authorize the Director, Department of Parks and Recreation to disburse funds for the purchase of replacement park property.

18 FISCAL IMPACT: If approved, this request will result in a deposit and disbursement of up to $334,075 in the Parks and Recreation trust fund for Fiscal Year 2013-14. Funding source will be proceeds from the sale of 6.9 acres of park land property by the Valley Center Parks and Recreation District. There will be no change in net General Fund costs and no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. The proposed Board action is not subject to the California Environmental Quality Act (CEQA) because the action is not a project under CEQA pursuant to CEQA Guidelines, Sections 15060(c)(3) and 15378.

2. Authorize the Director, Department of Parks and Recreation, to execute the Eighth Amendment to the Joint Exercise of Powers Agreement between the County of San Diego and the Valley Center Parks and Recreation District, to allow for the sale of the 6.9-acre parcel of undeveloped park land (Assessor’s Parcel No. 186-230-6400), to require the deposit of sale proceeds be placed in the Parks and Recreation trust fund, require the Valley Center Parks and Recreation District to acquire a minimum of 6.9 acres of replacement park land property upon approval of the Director, Department of Parks and Recreation, and authorize the Director, Department of Parks and Recreation to disburse those funds for the purchase of replacement park property.

10. SUBJECT: ESTABLISH APPROPRIATIONS AND ADVERTISE AND AWARD A CONTRACT FOR BRIDGE PREVENTIVE MAINTENANCE LOCATED IN DESCANSO, JACUMBA AND NORTH COUNTY METROPOLITAN SUBREGION (DISTRICTS: 2 & 5)

OVERVIEW: The Federal Highway Bridge Program funds projects that extend the life of bridges on public roads through its Bridge Preventive Maintenance program. A key element of the program is preservation of bridge serviceability. The Department of Public Works has received such funds for a Bridge Preventive Maintenance Project (Project) comprised of four bridges in Descanso, Jacumba and North County Metropolitan Subregion. Specifically, the Project addresses preventive maintenance needs for four bridges that are off the federal aid designated road system. One of the Project’s bridges is located on Los Terrinitos in the Descanso

WEDNESDAY, JUNE 19, 2013 19 Community, two bridges are on Old Highway 80 near Jacumba, one over the San Diego & Arizona Eastern Railroad and the other over Boundary Creek, and the fourth bridge is on Lake Wohlford Road in the North County Metropolitan Subregion. The Project includes work such as patching concrete, sealing the bridge deck, and removing and replacing pavement adjacent to the bridges.

This is a request to establish appropriations and approve advertisement and subsequent contract award, to the lowest responsible bidder, for Bridge Preventive Maintenance in Descanso, Jacumba, and North County Metropolitan Subregion. The estimated cost for the Project will be $740,000, including contingency. This item also requests establishment of appropriations of $672,516 based on unanticipated revenue from the Federal Highway Administration Highway Bridge Program. Remaining funding of $67,484 is included in the Department of Public Works Fiscal Year 2012-13 Operational Plan.

Upon Board approval, the Department of Purchasing and Contracting will advertise and subsequently award a contract for construction. Project construction is scheduled to begin in fall 2013 and be completed by early 2014.

FISCAL IMPACT: Funds for this request are partially included in the Fiscal Year 2012-13 Operational Plan in the Department of Public Works Detailed Work Program. If approved, construction costs for this Bridge Preventive Maintenance project in Descanso, Jacumba and North County Metropolitan Subregion will be $740,000, including contingency. The funding sources are Federal Highway Administration Highway Bridge Program ($672,516) and Highway User Tax Account ($67,484). There will be no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT: County public works contracts are competitively bid and help stimulate the local economy.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the proposed action is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15301 of the state CEQA Guidelines.

2. Establish appropriations of $672,516 in the Department of Public Works Fiscal Year 2012-13 Detailed Work Program for Bridge Preventive Maintenance based on unanticipated revenue from the Federal Highway Administration Highway Bridge Program. (4 VOTES)

3. Authorize the Director, Department of Purchasing and Contracting, to take any action necessary to advertise and award a contract and to take other action authorized by Section 401 et seq., of the Administrative Code with respect to contracting for subject public works project.

4. Designate the Director, Department of Public Works, as County Officer responsible for administering the construction contract, in accordance with 20 Board Policy F-41, Public Works Construction Projects, and to negotiate and execute a joint use agreement, or similar agreement, with the owner of railroad right-of-way, should the need arise.

11. SUBJECT: EAST OTAY MESA SPECIFIC PLAN AREA – APPROVE FIRST AMENDMENT TO THE JOINT COMMUNITY FACILITIES AGREEMENT FOR SHERIFF’S FACILITIES IN EAST OTAY MESA (DISTRICT: 1)

OVERVIEW: This item is requesting an amendment to the Joint Community Facilities Agreement (JCFA). On September 23, 2009 (7), the Board of Supervisors authorized the Director of General Services to execute a JCFA with the San Diego Rural Fire Protection District. The JCFA establishes a funding mechanism for future construction of permanent Sheriff and fire facilities in the East Otay Mesa Specific Plan Area (SPA) 93-004. The JCFA requires that a temporary Sheriff’s facility be provided to the County, at no cost, until the permanent facility is constructed. The County’s lease of the temporary substation from TPO, LLC, as lessor, commenced on October 15, 2009. The monthly rent and operating expenses for the temporary site are deferred for the first five years of the lease, after which TPO, LLC will be fully reimbursed through taxes levied by the Community Facilities District on property owners within the SPA. Under the JCFA, deferred monthly rent for the temporary substation accrues interest at 6.5% per year. TPO, LLC is requesting that the JCFA be amended to apply the same cost of funds adjustment (6.5% per year) to the temporary substation’s deferred operating expenses. The parties to the JCFA and all concurring departments support the amendment and agree that it is an equitable adjustment.

Today, the Board is requested to approve an amendment to the JCFA to provide an annual cost of funds adjustment of 6.5% to the deferred operating expenses for the temporary substation. There would be no cost to the County.

FISCAL IMPACT: The cost of $2,000 to process approval of the First Amendment to the Joint Community Facilities Agreement has been deposited with the Department of General Services by TPO, LLC. There is no change in net General Fund cost and no additional staff years.

WEDNESDAY, JUNE 19, 2013 21 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the proposed action to approve an amendment to the Joint Community Facilities Agreement with San Diego Rural Fire Protection District is exempt from review under the California Environmental Quality Act (CEQA) under Section 15060(c)(3) of the State CEQA Guidelines because it is not a project as defined in Section 15378(b)(4).

2. Authorize the Director, Department of General Services to execute the First Amendment to the Joint Community Facilities Agreement with the San Diego Rural Fire Protection District.

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

OVERVIEW: County airports provide valuable services for the aviation industry as well as commercial leasing opportunities that help employment and vitality in surrounding communities. Grant funding is a critical piece of 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 submit, negotiate and execute all documents necessary to secure grant funding from the Federal Aviation Administration (FAA) and the California State Division of Aeronautics for projects and related work as approved by the Board in the Fiscal Year 2013-14 Airport Enterprise Fund Spending Plan. FAA and the State require County airports to adopt a resolution annually and the requested authorization would 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 2013-14 CAO Recommended Airport Enterprise Fund Spending Plan, in the amount of $975,000, for projects approved to date by the Federal Aviation Administration (FAA). The funding source is FAA. The Department of Public Works will return to the Board at a later date to appropriate additional grant funds as they become available. There will be no change in net General Funds cost and no additional staff years. BUSINESS IMPACT STATEMENT: N/A 22 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. 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.

2. 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, RAMONA AIRPORT, AGUA CALIENTE SPRINGS AIRPORT, JACUMBA AIRPORT, AND OCOTILLO WELLS AIRPORT.

3. Authorize the Director, Department of Public Works, or designee to submit, negotiate and execute all documents necessary to secure and spend federal and state grant funds for County Airport projects during Fiscal Year 2013-14.

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board took action as recommended, adopting Resolution No. 13-069, 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, RAMONA AIRPORT, AGUA CALIENTE SPRINGS AIRPORT, JACUMBA AIRPORT, AND OCOTILLO WELLS AIRPORT.

13. SUBJECT: GILLESPIE FIELD – AMENDMENTS TO THREE CUYAMACA WEST UNIT 2 INDUSTRIAL PARK LEASES TO IMPLEMENT RENT ADJUSTMENTS (DISTRICT: 2)

OVERVIEW: Gillespie Field is a general aviation airport owned and operated by the County of San Diego and located within the municipal limits of the City of El Cajon and City of Santee (57th Edition Thomas Guide Page 1251, D-1). In addition to aviation- related facilities and infrastructure, Gillespie Field includes three industrial parks, including Cuyamaca West Unit 2 Industrial Park, occupied by diverse industrial tenants. The County leases land at these industrial parks to multiple businesses providing goods and services to the general public.

WEDNESDAY, JUNE 19, 2013 23 On May 20, 1997 (6), the Board approved a Development Agreement and Option to Lease with Sciacca Development Corporation and Matsix Investments, Inc. for Cuyamaca West Unit 2 Industrial Park, and authorized the Director, Department of General Services to execute leases according to an agreed upon schedule. On July 23, 1998, the Director, Department of General Services executed three leases, County Contract Numbers 75096R, 75097R and 118904. County leases typically provide for periodic rental rate renegotiations. These three leases are due for renegotiated rental adjustments on July 23, 2013. The three leases were later assigned to other companies with one lease to Pacific Gillespie Partners Lot 13, LLC, one to Pacific Gillespie Partners Lot 14, LLC, and the third to Gillespie GH, LLC.

This is a request to approve amendments to industrial leases with Pacific Gillespie Partners Lot 13, LLC, Pacific Gillespie Partners Lot 14, LLC, and Gillespie GH, LLC. The lessees and County staff agreed to a 20 percent increase to the base rental rate. The proposed lease amendments would implement this negotiated adjustment. If the proposed action is adopted, the rent for all three leases will increase by $4,043 per month for a monthly revenue total of $24,257 for the three leases.

FISCAL IMPACT: Funds for this request are partially included in the Fiscal Year 2013-14 CAO Recommended Spending Plan for the Airport Enterprise Fund. If approved, this request would result in total annual revenue of $288,215 ($47,230 for County Contract No. 75096R, $30,999 for County Contract No. 75097R and $209,986 for County Contract No. 118904) in Fiscal Year 2013-14, an increase of $45,647 over the amount budgeted. The funding source for additional revenue is rental payments from the lessees under the terms of the amended agreements. These leases will be subject to Consumer Price Index Adjustments every five years and renegotiations every fifteen years. There will be no change in net General Fund cost and no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, that the proposed lease amendments are categorically exempt from CEQA review as they consist of the leasing of existing facilities involving negligible or no expansion of existing use.

2. Approve and authorize Clerk of the Board to execute, upon receipt, three copies of the Second Amendment to Industrial Ground Lease Agreement with Pacific Gillespie Partners Lot 13, LLC, County Contract No. 75096R. (4 VOTES)

3. Approve and authorize Clerk of the Board to execute, upon receipt, three copies of the First Amendment to Industrial Ground Lease Agreement with Pacific Gillespie Partners Lot 14, LLC, County Contract No. 75097R. (4 VOTES) 24 4. Approve and authorize Clerk of the Board to execute, upon receipt, three copies of the Second Amendment to Industrial Ground Lease Agreement with Gillespie GH, LLC, County Contract No. 118904. (4 VOTES)

14. SUBJECT: MCCLELLAN-PALOMAR AIRPORT – AMENDMENTS TO AVIATION LEASES WITH WESTERN FLIGHT INC. (DISTRICT: 5)

OVERVIEW: McClellan-Palomar Airport, located in Carlsbad (57th Edition Thomas Guide Page 1127, D3), is a major gateway to and from San Diego’s North County. The Airport provides facilities and services to commercial, corporate and general aviation communities.

On December 10, 2003 (12), the Board approved three new 30-year aviation leases with Western Flight Inc. at McClellan-Palomar Airport. These leases require rent to be renegotiated every five years to keep current with market rates. These leases were amended on December 6, 2006 (6), to extend the term, June 25, 2008 (5), to adjust the rent and March 24, 2010 (6), to apply a rent credit to mitigate impacts of a runway closure.

This is a request to approve the proposed Fourth Amendments to Contract Numbers 75728R, 75729R and 75730R with Western Flight Inc. These amendments would increase monthly rent on these three leases to reflect current market rates. If the proposed action is adopted, the rent for these three leases would increase by $1,367 per month for a monthly total revenue of $17,005 for the three leases.

FISCAL IMPACT: Funds for this request are partially included in the Fiscal Year 2013-14 CAO Recommended Operational Plan for the Airport Enterprise Fund. If approved, this request would result in total annual revenue of $202,032 ($95,678 for County Contract No. 75728R, $93,730 for County Contract No. 75729R and $12,624 for County Contract No. 75730R) an increase of $14,376 over the amount budgeted. These leases will be subject to annual consumer price index adjustments and renegotiations every five years. The funding source for additional revenue is rental payments from the lessee under the terms of the amended agreements. There will be no change in net General Fund cost and no additional staff years.

WEDNESDAY, JUNE 19, 2013 25 BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, that the proposed lease amendments are categorically exempt from CEQA review as they consist of the leasing of existing facilities involving negligible or no expansion of existing use.

2. Approve and authorize Clerk of the Board to execute, upon receipt, three copies of the Fourth Amendments to Aviation Leases with Western Flight, Inc., County Contract No. 75728R, 75729R and 75730R. (4 VOTES)

15. SUBJECT: GILLESPIE FIELD – AMENDMENT TO AVIATION LEASE WITH MCHONE GILLESPIE FIELD, LLC (DISTRICT: 2)

OVERVIEW: Gillespie Field is a general aviation airport owned and operated by the County of San Diego and located within the municipal limits of the City of El Cajon and City of Santee (57th Edition Thomas Guide, Page 1251, D-1). On December 5, 2012 (17), the Board approved advertisement and award of a contract to construct Wing Avenue flood control improvements in and near Gillespie Field to accommodate a 100-year storm event. Prior to the start of construction it was determined that one leasehold needed to be adjusted to accommodate the project.

This is a request to approve the second amendment to Contract Number 122228 with McHone Gillespie Field, LLC to reduce the premises by .05 acres and to reduce rent proportionately. This amendment would reduce the lease premises to provide space to construct an entrance for flood channel access. The flood control project is expected to begin construction by summer 2013 and will take approximately 18 months to construct.

FISCAL IMPACT: Funds for revenue from this lease are included in the Fiscal Year 2013-14 CAO Recommended Operational Plan for the Airport Enterprise Fund. If approved, this request would result in revenue of $62,147 in the Fiscal Year 2013-14 Airport Enterprise Fund spending plan, a decrease of $628 from the amount budgeted. Base monthly rent received will be adjusted under the terms of the amended lease. There will be no change in net General Fund cost and no additional staff years.

26 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, that the proposed lease amendment is categorically exempt from CEQA review as it consists of the leasing of existing facilities involving negligible or no expansion of existing use.

2. Approve and authorize Clerk of the Board to execute, upon receipt, three copies of the Second Amendment to Aviation Lease with McHone Gillespie Field, LLC, County Contract No. 122228. (4 VOTES)

16. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (5/15/2013 - ADOPT RECOMMENDATIONS; 6/19/13 - SECOND READING OF ORDINANCE (DISTRICTS: 2 & 5)

OVERVIEW: On May 15, 2013 (4), the Board of Supervisors introduced the Ordinance for further consideration and adoption on June 19, 2013.

The Traffic Advisory Committee meets every six weeks to review proposed additions, deletions or changes to regulatory traffic control devices. Seven items were on the Committee's March 8, 2013 meeting agenda. One item was removed prior to the meeting to allow additional review for operational measures that could improve conditions at the intersection of Bernardo Avenue and Gamble Lane in unincorporated Escondido (Item 5-F). The Committee recommends your action on the six items that were heard on March 8, 2013.

Your action on Item 5-E would revise the County Code of Regulatory Ordinances and requires two steps. On May 15, 2013, the Board will consider the Traffic Advisory Committee items. If the Board takes action on May 15, 2013, then on June 19, 2013, a second reading of an Ordinance adding Section 72.161.25.5. to the San Diego County Code of Regulatory Ordinances would be necessary to implement the Board’s direction on Item 5-E.

FISCAL IMPACT: Funds for this proposal are included in the Department of Public Works Road Fund Fiscal Year 2012-13 Operational Plan. If approved, there will be no change in net General Fund cost and no additional staff years.

WEDNESDAY, JUNE 19, 2013 27 BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt the Ordinance entitled: AN ORDINANCE ADDING SECTION 72.161.25.5. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO (Item 5-E).

ACTION: ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, adopting Ordinance No. 10265 (N.S.), entitled: AN ORDINANCE ADDING SECTION 72.161.25.5. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO (Item 5-E).

17. SUBJECT: CLOSED SESSION (CARRYOVER FROM 6/18/13 AGENDA NO. 34) (DISTRICTS: ALL)

OVERVIEW: A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision(d) of Section 54956.9) Jennifer Parenteau v. Raul Silva, et al.; United States District Court, Southern District, No. 11-CV-2022-H (RBB)

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision(d) of Section 54956.9) Maher Darraj, et al. v. County of San Diego, et al.; United States District Court, Southern District, No. 11-CV-1657-AJB (BGS)

C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision(d) of Section 54956.9) Michael Foster, et al. v. County of San Diego, et al.; United States District Court, Southern District, No. 11-CV-1953-H (KSC)

D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision(d) of Section 54956.9) William Gore v. Civil Service Commission; San Diego County Superior Court No. 37-2012-00103131-CU-WM-CTL

ACTION: 28 In Closed Session on Tuesday, June 18, 2013, the Board of Supervisors took the following action:

Item 17D: William Gore v. San Diego County Civil Service Commission (San Diego County Superior Court No. 37-2011-00091422-CU-WM-CTL); by vote of the four members of the Board of Supervisors present and voting “Aye”, with District 5 absent, authorized appeal from the judgment of the Superior Court denying the Sheriff’s writ against the Civil Service Commission.

18. SUBJECT: PUBLIC COMMUNICATION (DISTRICTS: ALL)

OVERVIEW: Tony Young spoke to the Board regarding the Red Cross.

Robert Germann spoke to the Board regarding Citizens Against Gillespie’s Existence and Low Flying Aircraft.

ACTION: Heard, referred to the Chief Administrative Officer.

Chairman Cox noted for the record that Budget Hearings continue until 5:00 p.m. Wednesday, June 19, 2013, with members of the public being able to submit written testimony to the Clerk of the Board of Supervisors until 5 p.m., June 19, 2013. Board of Supervisors Community Enhancement funding allocations and the Chief Administrative Officer’s Change Letter must be submitted to the Clerk of the Board by 5 p.m., June 19, 2013.

There being no further business, the Board adjourned at 9:34 a.m.

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

Consent: Miller Discussion: Panfil

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.

WEDNESDAY, JUNE 19, 2013 29