County of San Diego Board of Supervisors s13

STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING - PLANNING AND LAND USE MATTERS WEDNESDAY, JANUARY 07, 2009 Board of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: Meeting was called to order at 9:04 a.m.

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

Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meetings December 10, 2008; Air Pollution Control District, December 10, 2008; Housing Authority, December 10, 2008; and Sanitation Districts, December 10, 2008.

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meetings of December 10, 2008; Air Pollution Control District, December 10, 2008; Housing Authority, December 10, 2008; and Sanitation Districts, December 10, 2008.

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

Board of Supervisors’ Agenda Items

1. NOTICED PUBLIC HEARING: LAND USE AND ENVIRONMENT GROUP LAND USE FEE ORDINANCE AMENDMENTS 2. RESOLUTION ACCEPTING IRREVOCABLE OFFERS OF DEDICATION FOR ROAD EASEMENTS – BELL BLUFF TRUCK TRAIL, ALPINE (2008-0301) 3. APPROVAL OF A LEASE AND OPERATION AGREEMENT FOR LAKESIDE BASEBALL PARK - LAKESIDE NATIONAL LITTLE LEAGUE (4 VOTES) 4. APPROVAL OF LEASE AGREEMENT FOR THE OPERATION OF THE BONITA DRIVING RANGE AT SWEETWATER VALLEY REGIONAL PARK, COUNTY PARCEL 2008-0305-A (4 VOTES) 5. AUTHORIZATION TO ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR CLEMMENS LANE PARK IN FALLBROOK [FUNDING SOURCE(S): OPERATING TRANSFER FROM THE FALLBROOK PLDO FUND AND UNANTICIPATED REVENUE FROM A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AWARDED JULY 1, 2008] (4 VOTES) 6. TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS 1/07/2009 1 7. ADMINISTRATIVE ITEM: COUNTY OF SAN DIEGO TRACT NO. 5458-1: APPROVAL OF FINAL MAP AND JOINT AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN VALLEY CENTER COMMUNITY PLAN AREA 8. ADMINISTRATIVE ITEM: BORREGO VALLEY AIRPORT – ADOPT AN ORDINANCE TO PROVIDE A SURCHARGE FEE FOR PROVISION OF FUELING SERVICE [FUNDING SOURCE(S): FUEL SURCHARGE FEE] 9. ADMINISTRATIVE ITEM: AN ORDINANCE AMENDING TITLE 6, DIV. 4, CH. 3 OF THE COUNTY CODE AND BOARD POLICY A-103, RELATING TO PREVENTION AND CONTROL OF FLY BREEDING ON COMMERCIAL POULTRY RANCHES (12/10/08 – FIRST READING OF ORDINANCE; 01/07/09 – SECOND READING OF ORDINANCE) 10. ADMINISTRATIVE ITEM: APPOINTMENTS 11. CLOSED SESSION (CARRYOVER ITEM FROM 1/06/09, AGENDA NO. 14) 12. PUBLIC COMMUNICATION

1/07/2009 2 1. SUBJECT: NOTICED PUBLIC HEARING: LAND USE AND ENVIRONMENT GROUP LAND USE FEE ORDINANCE AMENDMENTS (DISTRICTS: ALL)

OVERVIEW: In October 2008, the Land Use and Environment Group presented your Board with the findings of an organizational and functional analysis of the multi-departmental land development program. The goal of the study was to better align and coordinate the various regulatory programs and streamline processes with the overarching goal of improving customer service. One outcome of the study was to improve services to the public by integrating counter staff from the Departments of Public Works and Planning and Land Use to make the land development application process as seamless as possible.

This item before your Board today incorporates many of the findings and recommendations from the study by combining the land development fees and deposits for the Departments of Planning and Land Use, Public Works, and Parks and Recreation into consecutive sections of the Administrative Code that identify each department’s fees and deposits by application type. Previously, each of these department’s fees were located in disparate sections of the Administrative Code. This item also serves to codify the change in departmental responsibility of certain functions resulting from the reorganized public service counter.

Each of the departments included in this ordinance amendment performs different tasks associated with processing land development applications. Each department is also responsible for ensuring that the program is wholly funded by deposits and fees, which must fully offset the costs of services provided. Fees and deposits are reviewed annually; and if necessary, they are adjusted to reflect changes in actual and estimated costs. Proposed current year fees and deposits are based upon budgeted costs included in the Adopted Budget for Fiscal Year 2008-09 and subsequent year proposed fees and deposits are based upon estimated costs included in the Approved Budget for Fiscal Year 2009-10.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2008-10 Operational Plan for the Departments of Planning and Land Use, Public Works, and Parks and Recreation. The proposal will revise standard hourly billing rates, fees and deposits to reflect current year budgeted costs and estimated costs for the following fiscal year. The proposed fee and deposit adjustments will ensure full cost recovery for services related to processing discretionary land development and building permit applications.

BUSINESS IMPACT STATEMENT: The proposed fee and deposit adjustments will have a moderate impact on the business community. The average discretionary fee across all three departments is proposed to increase $20 (4.6%) in FY 08-09 and $17 (3.8%) in FY 09-10. The 1/07/2009 1 average deposit across departments is proposed to increase $125 (4.7%) in FY08-09 and $115 (4.1%) in FY 09-10. The average building permit fee for homes is proposed to increase $129 (3.9%) in FY 2008-09, and $145 (4.7%) in FY 2009-10. Attachments C1 – C5 provide a complete list of proposed changes by department and permit type.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find the proposed project is exempt from the California Environmental Quality Act as specified under Section 15273 of the State of California Environmental Quality Act Guidelines. Approve the findings in Attachment B pursuant to the California Environmental Quality Act Guidelines Section 15273 (c).

2. Waive Board Policy B-29, Fees, Grants, Revenue Contracts -- Department Responsibility for Full Cost Recovery, for fees and deposits relating to: appeals; structures damaged or destroyed by natural disaster; and plan check and building fees for Homeowner and Business Owner Relief Act permits.

3. Approve the introduction of the Ordinance (first reading), read title and waive further reading of the Ordinance.

AN ORDINANCE REPEALING, ADDING AND AMENDING PORTIONS OF THE ADMINISTRATIVE CODE AND THE COUNTY CODE RELATING TO FEES AND DEPOSITS FOR THE DEPARTMENTS OF PLANNING AND LAND USE, PUBLIC WORKS, AND PARKS AND RECREATION.

Submit the Ordinance for further Board consideration and adoption (second reading) on January 28, 2009.

4. Direct that the operative date of the above Ordinance be April 10, 2009.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board closed the Hearing and took action as recommended, introducing Ordinance for further Board consideration and adoption on January 28, 2009.

AYES: Cox, Jacob, Slater-Price NOES: Roberts, Horn 2. SUBJECT: RESOLUTION ACCEPTING IRREVOCABLE OFFERS OF DEDICATION FOR ROAD EASEMENTS – BELL BLUFF TRUCK TRAIL, ALPINE (2008-0301) (DISTRICT: 2)

OVERVIEW: The Department of General Services requests acceptance of two Irrevocable Offers to Dedicate Real Property for Public Highway. An approximately 800-foot segment of 1/07/2009 2 roadway would be accepted, connecting the end of the currently County-maintained segment of Bell Bluff Truck Trail to the former Descanso Landfill to facilitate uncontested public access to and from the County property (former landfill), federal lands to the west, and private property to the west (Thomas Guide page 1255, G-2).

This is a request to take the necessary action in accordance with Government Code Section 7050 to accept the Irrevocable Offers to Dedicate Real Property for Public Highway.

FISCAL IMPACT: The Department of General Services is funding this action with the intention of being reimbursed out of the proceeds of the sale of the former landfill site. The acceptance of the Irrevocable Offers of Dedication benefits County-owned property at the former Descanso Landfill.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find the action, as proposed, is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15305 (Minor Alterations in Land Use Limitations). The proposed project is an acceptance of two Irrevocable Offers of Real Property for Public Highway purposes in an area with an average slope of less than 20% which does not result in any changes to land use or density.

2. Find that portions of Bell Bluff Truck Trail being offered for acceptance are useful as a public roadway.

3. Adopt the resolution entitled a Resolution Accepting Offers of Dedication Road Easements – Bell Bluff Truck Trail, Alpine.

4. Direct the Clerk of the Board of Supervisors to record this Resolution.

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Resolution No. 09-004 entitled: A RESOLUTION ACCEPTING OFFERS OF DEDICATION FOR ROAD EASEMENTS – BELL BLUFF TRUCK TRAIL, ALPINE.

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

1/07/2009 3 3. SUBJECT: APPROVAL OF A LEASE AND OPERATION AGREEMENT FOR LAKESIDE BASEBALL PARK - LAKESIDE NATIONAL LITTLE LEAGUE (DISTRICT: 2)

OVERVIEW: On December 10, 2002 (18), the Board directed the Chief Administrative Officer to investigate the feasibility of building a sports complex in East County. Several sites were studied and staff identified a 15.2-acre parcel owned by the Lakeside Sanitation District as the best available location for the future sports park (Thomas Guide Page 1231, G-4). On December 6, 2006 (14), the Board approved the purchase of the site from the Lakeside Sanitation District for the development of the Lakeside Sports Park (Lakeside Baseball Park). Construction of Lakeside Baseball Park is expected to be completed in January 2009.

Today’s request is to authorize the Director, Department of General Services, to execute a lease agreement with the Lakeside National Little League for the operation and maintenance of Lakeside Baseball Park.

FISCAL IMPACT: If approved, this request will result in $1 annual revenue for four years with two successive four-year terms. The term shall commence when the Lakeside National Little League and the County enter into an agreement upon completion of construction and acceptance by the County of the new facility. The Lease shall terminate four years after the Commencement Date unless, before the Lease terminates, the parties have mutually agreed to extend the Lease. Two successive four-year extensions shall be available on the same terms and conditions as stated in the original Lease Agreement. Each four-year Lease extension shall be in writing and signed by both parties at least ninety (90) days prior to the current termination thereof. The County will avoid annual operations and routine maintenance costs, estimated at $175,000, by having the Lakeside National Little League operate and maintain the facility. This action will require no additional staff years.

1/07/2009 4 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that this project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301 as it is the lease of an existing public facility with negligible or no expansion of use. 2. Waive Board Policy F-51 pertaining to Department of General Services’ responsibility for market rate leasing of County real property. 3. Approve the lease of Lakeside Baseball Park, including all of the facilities in the park, to the Lakeside National Little League for $1 per year and authorize the Director of General Services to execute the lease agreement and any amendments necessary in the future to administer the lease. (4 VOTES)

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

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 4. SUBJECT: APPROVAL OF LEASE AGREEMENT FOR THE OPERATION OF THE BONITA DRIVING RANGE AT SWEETWATER VALLEY REGIONAL PARK, COUNTY PARCEL 2008-0305-A (DISTRICT: 1)

OVERVIEW: On June 14, 2006 (6), the Board of Supervisors approved a Lease Agreement with Justine D. Lee for the 20.8-acre parcel golf driving range located at 3631 Bonita Road, the Sweetwater Valley Regional Park (Thomas Guide, Page 1310, F-4). The lease agreement expired on August 31, 2008. Mr. Lee has continued to operate the golf driving range during the interim period while a Request for Proposals solicitation occurred.

The action today requests approval of a new Lease Agreement for the Bonita Golf Driving Range and acceptance of the bid by Mr. Lee for $11,670 per month. The new lease agreement is proposed for a five-year term with one additional five-year extension option with concurrence from the County.

FISCAL IMPACT: If approved this proposal will result in $58,350 current year revenue, $141,790 annual revenue to the Department of Parks and Recreation and will require no additional staff years. The previous contract was for $11,000 with annual 3% adjustments. Based on annual adjustments, the monthly rent was $11,670 when the contract expired in August 2008. The new contract rate is $11,670 a month, with an adjustment of 3% each year commencing February 2010, for the term of the agreement.

BUSINESS IMPACT STATEMENT: This Lease Agreement will generate business activity through continued public 1/07/2009 5 visitors to the golf driving range.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that this action is not subject to the environmental assessment process as it is categorically exempt under Article 19, Section 15301 of the State of California Environmental Quality Act Guidelines, as it is a continued use of an existing facility.

2. Authorize the acceptance of the proposed rent from Justine D. Lee in the amount of $11,670 per month for lease of the Bonita Golf Driving Range in the Sweetwater Valley Regional Park (County Parcel 2008-0305-A).

3. Authorize the Director, Department of General Services to execute a Lease Agreement, and amend as needed, with Justine D. Lee for the operation of the Bonita Golf Driving Range and to exercise the five-year extension option, if appropriate. (4 VOTES)

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 5. SUBJECT: AUTHORIZATION TO ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR CLEMMENS LANE PARK IN FALLBROOK (DISTRICT: 5)

OVERVIEW: The proposed Clemmens Lane Park is a 0.56-acre vacant parcel situated between single-family homes and multi-family apartment complexes, in the unincorporated community of Fallbrook (Thomas Guide Page 1027, F-4). On April 18, 2007 (7), the Board approved the purchase of the parcel for development as an active neighborhood park. Project design for the park was completed in November 2008. Construction is expected to begin in Spring 2009 with project completion anticipated in Fall of 2009.

The requested action will establish appropriations of $425,000 of Park Land Dedication Ordinance Funds in Capital Project 1011719 – Clemmens Lane Park Design for the construction of Clemmens Lane Park. This request will also establish appropriations of $250,000 of Community Development Block Grant funds for the construction of Clemmens Lane Park. In addition, the requested action will authorize the Director of the Department of Purchasing and Contracting to advertise and award a construction contract estimated at $600,000, including contingency. Remaining project funds, estimated at $75,000 will be used for inspection services and project management.

FISCAL IMPACT: 1/07/2009 6 Funds for this request are not included in the Fiscal Year 2008-09 Operational Plan for Capital Project 1011719 – Clemmens Lane Park Design. If approved, this request will result in costs and revenue of $675,000. The funding sources are an operating transfer from the Fallbrook PLDO Fund ($425,000) and unanticipated revenue from a Community Development Block Grant (CDBG) ($250,000) awarded July 1, 2008. Total construction costs are estimated at $600,000, which includes contingency. Remaining project funds, estimated at $75,000 will be used for related project costs, inspection services and project management. Upon construction completion, annual park operations and maintenance, estimated at $23,000, will be provided by the Department of Parks and Recreation and funded by the Fallbrook County Service Area (CSA) 81. There will be no change in net General Fund costs and no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Establish appropriations of $425,000 in the Fallbrook Park Land Dedication Ordinance (PLDO) Fund, Operating Transfer Out, for Capital Project 1011719 – Clemmens Lane Park Design, based on fund balance available. (4 VOTES)

2. Establish appropriations of $675,000 in the Capital Outlay Fund for Capital Project 1011719 – Clemmens Lane Park Design based on an operating transfer from the Fallbrook PLDO Fund ($425,000) and unanticipated revenue from a Community Development Block Grant (CDBG) ($250,000). (4 VOTES)

ACTION: Adding Recommendation No. 3 to read: “Authorize the Director of the Department of Purchasing and Contracting to take any action authorized by Section 401 et seq. of the Administrative Code, with respect to bidding and awarding a construction contract for Clemmons Lane Park,” ON MOTION of Supervisor Cox, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 6. SUBJECT: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (DISTRICTS: 2 & 5)

OVERVIEW: The Traffic Advisory Committee meets every six weeks to review proposed changes or additions to regulatory traffic controls. Five items were on the Committee's October 24, 2008 meeting agenda. The Committee recommends your action on all five items.

FISCAL IMPACT: Funds for this proposal are budgeted in the Department of Public Works Road Fund. 1/07/2009 7 BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: TRAFFIC ADVISORY COMMITTEE Consider and file report including the following recommendations: District 2 2-A. Jamacha Road and Helix Street, (Thomas Guide page 1291, A-2) SPRING VALLEY -- Place this intersection on the County’s Traffic Signal Priority List. 2-B. Moreno Avenue from Vigilante Road southerly to Willow Road, (Thomas Guide pages 1211 J-5 to 1232 B-1) LAKESIDE -- Direct the existing 45 MPH speed limit be recertified for the continued use of radar for speed enforcement. 2-C. Eleventh Street from State Route 67 (Main Street) to San Vicente Road, (Thomas Guide page 1152, GH7) RAMONA -- Direct the existing 35 MPH speed limit not be recertified for continued use of radar for speed enforcement. Direct speed limit review to determine appropriateness of retaining the existing 35 MPH speed limit be conducted one year after installation of all-way stop control at intersection with H Street. District 5 5-A. Idaho Ave and Oro Verde Road, (Thomas Guide page 1130, F4) ESCONDIDO -- Do not install regulatory controls at this intersection. 5-B. Felicita Road from Via Rancho Parkway to the Escondido City Limit, (Thomas Guide page 1129, J7 to 1149, J2) ESCONDIDO -- Direct the existing 45 MPH speed limit be recertified for the continued use of radar for speed enforcement.

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. Concur with Traffic Advisory Committee's recommendations.

1/07/2009 8 6A. ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Slater-Price, the Board took action as recommended, excluding recommendation 2-A, on Consent.

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

6B. ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took action as recommended by recommendation 2-A.

AYES: Cox, Jacob, Slater-Price, Roberts ABSENT: Horn 7. SUBJECT: ADMINISTRATIVE ITEM: COUNTY OF SAN DIEGO TRACT NO. 5458-1: APPROVAL OF FINAL MAP AND JOINT AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN VALLEY CENTER COMMUNITY PLAN AREA (DISTRICT: 5)

OVERVIEW: This project is a subdivision consisting of 8 single family residential lots on a total of 18.52 acres located in Valley Center, south of Valley Center Road, west of Sunset Road (Thomas Guide page 1091, B-2).

This project is being brought before the Board for approval of final map and joint agreement for public and private improvements.

FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Approve this map.

2. Accept the access restriction easement over Lots 5 and 6 as granted on said map.

3. Accept the noise protection easements over, upon and across all of Lots 7 and 8 as granted on said map.

4. Approve and authorize Clerk of the Board to execute Joint Agreement to Improve Major Subdivision, which includes street and drainage improvements, water facilities and setting of final monuments (Attachment B). 1/07/2009 9 ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 8. SUBJECT: ADMINISTRATIVE ITEM: BORREGO VALLEY AIRPORT – ADOPT AN ORDINANCE TO PROVIDE A SURCHARGE FEE FOR PROVISION OF FUELING SERVICE (DISTRICT: 5)

OVERVIEW: Borrego Valley Airport serves the desert community of Borrego Springs and Anza- Borrego Desert. It is three miles east of Borrego Springs and 55 miles northeast of downtown San Diego, at an elevation of 520 feet. The airport has a 5,000 foot paved runway. In 2007, annual operations totaled 26,251; 23 aircraft are based at this airport.

Installation of a self-service fuel system was approved as part of the Borrego Valley Airport Aprons and Run-up Areas Project on May 16, 2007 (2). The purpose of that project was to enhance safety at the airfield and to provide for fueling facilities to meet the growing demand and provide circulation away from the taxiway. Airports staff were unable to identify a fixed-base operator interested in constructing and supporting a fuel facility. As a result, County Airports constructed a self-serve facility. In order to ensure full cost recovery, Airports proposes a small surcharge for the fuel.

This is a request to approve a fuel surcharge fee for the Borrego Valley Airport of $0.39 per gallon. This fee would be added to the actual cost of fuel in order to comply with Board Policy B-29. It will be one of the lowest per gallon fuel prices at any airport in Southern California.

FISCAL IMPACT: This item is not in the current year Airport Enterprise Fund Spending Plan. Funding source for the revenue is fuel surcharge fee. If approved, this request will result in $2,930 estimated additional revenue to the Airport Enterprise Fund in the current fiscal year based on effective date of February 10, 2009, to offset depreciation of capital improvement as well as operations and maintenance of the fueling facility. It will result in approximately $7,033 revenue annually in subsequent years, and will require no additional staff years.

BUSINESS IMPACT STATEMENT: This will provide essential fuel service for local pilots at one of the lowest fuel prices of any airport in Southern California.

1/07/2009 10 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER On December 10, 2008: 1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15273 of the State CEQA Guidelines. Approve the findings in Attachment B pursuant to Section 15273(c) of the CEQA Guidelines.

2. Amend the Airport Enterprise Spending Plan in the amount of $2,930 to provide funding for depreciation, maintenance and operation expenses of self-serve fueling facility based on unanticipated revenue from fuel surcharge fee.

3. Approve introduction (first reading), read title and waive further reading of an Ordinance entitled:

AN ORDINANCE TO AMEND THE SCHEDULE OF RATES AND CHARGES AND USE CONTROL POLICY FOR COUNTY OF SAN DIEGO AIRPORTS TO ADD PART VIII, FUEL SURCHARGE FEE

If, on December 10, 2008, the Board takes action on Recommendations 1-3, then on January 7, 2009:

4. Submit the Ordinance for further consideration and adoption (second reading).

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Ordinance No. 9964 (N.S.) entitled: AN ORDINANCE TO AMEND THE SCHEDULE OF RATES AND CHARGES AND USE CONTROL POLICY FOR COUNTY OF SAN DIEGO AIRPORTS TO ADD PART VIII, FUEL SURCHARGE FEE.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 9. SUBJECT: ADMINISTRATIVE ITEM: AN ORDINANCE AMENDING TITLE 6, DIV. 4, CH. 3 OF THE COUNTY CODE AND BOARD POLICY A-103, RELATING TO PREVENTION AND CONTROL OF FLY BREEDING ON COMMERCIAL POULTRY RANCHES (12/10/08 – FIRST READING OF ORDINANCE; 01/07/09 – SECOND READING OF ORDINANCE) (DISTRICTS: ALL)

OVERVIEW: On August 20, 1985 (46) the Board of Supervisors adopted an ordinance titled “Prevention and Control of Fly Breeding” to prevent and control fly breeding hazards on commercial poultry ranches. Changes to the 1985 Ordinance are needed to reflect current industry standards and practices. Representatives of the Department of 1/07/2009 11 Environmental Health, Vector Control Program met with stakeholders from the poultry industry, members of the public and the appointed members of the Fly Abatement Appeals Board to evaluate and recommend updates for this chapter.

The proposed action is to amend Title 6, Division 4, Chapter 3 of the San Diego County Code of Regulatory Ordinances to incorporate changes agreed upon during these meetings, by modifying definitions and updating language to reflect current industry standards and practices and also amend Board Policy A-103 - Administration of Ordinance No. 7025 Relating to the Prevention and Control of Fly Breeding on Commercial Poultry Ranches and Other Sources to make it consistent with the updated County Code and industry practice.

This action requires two steps. On December 10, 2008, the Board will consider the Ordinance. If the Board takes action on December 10, 2008, then on January 7, 2009, a second reading of Ordinance is necessary to enact and implement the Board’s direction (Recommendation 4).

FISCAL IMPACT: There is no fiscal impact associated with the recommended actions.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER On December 10, 2008: 1. Find in accordance with Section 15061(b)(3) of the State of California Environmental Quality Act Guidelines that 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 is, therefore, not subject to the California Environmental Quality Act.

2. Amend Board of Supervisors Policy A-103, Administration of Ordinance No. 7025 Related to the Prevention and Control of Fly Breeding on Commercial Poultry Ranches, to make it consistent with the amendments to Title 6.

3. Approve the introduction of the Ordinance (first reading), read title and waive further reading:

AN ORDINANCE AMENDING TITLE 6, DIVISION 4, CHAPTER 3 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO THE PREVENTION AND CONTROL OF FLY BREEDING

If, on December 10, 2008, the Board takes action as recommended in Chief Administrative Officer’s Recommendation 2, then, on January 7, 2009:

1/07/2009 12 4. Consider and adopt the Ordinance amending Title 6, Division 4, Chapter 3 (second reading).

ACTION: ON MOTION of Supervisor Cox, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Ordinance No. 9965 (N.S.) entitled: AN ORDINANCE AMENDING TITLE 6 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO THE PREVENTION AND CONTROL OF FLY BREEDING ON COMMERCIAL POULTRY RANCHES.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 10. SUBJECT: ADMINISTRATIVE ITEM: APPOINTMENTS (DISTRICTS: ALL)

OVERVIEW: This appointment is in accordance with applicable Board Policy A–74, Citizen Participation in County Boards, Commissions and Committees.

FISCAL IMPACT: N/A

RECOMMENDATION: SUPERVISOR SLATER-PRICE Appoint Peder Norby to the Planning Commission, for a term to expire January 7, 2013.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 11. SUBJECT: CLOSED SESSION (DISTRICTS: ALL) (CARRYOVER ITEM FROM 1/06/09, AGENDA NO. 14)

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

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) City of San Marcos v. County of San Diego; San Diego County Superior Court No. GIC 879023 1/07/2009 13 C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: Kenneth Kline v. County of San Diego, et al.; San Diego County Superior Court [Vista] No. 37-2007-00050004-CU-PA-NC

D. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Designated Representatives: Carlos Arauz, Susan Brazeau Employee Organizations: All

ACTION: In closed session on Tuesday, January 6, 2009, the Board of Supervisors took the following reportable actions:

Item 11A: Reimbursement claim from County of Inyo; By vote of all 5 Board members present and voting “Aye,” the Board authorized County Counsel to reimburse the County of Inyo for its expenses regarding a search and rescue effort for the period July 5-17, 2008, totaling $57.620.62.

Item 11B: City of San Marcos v. County of San Diego; by vote of all 5 Board members present and voting “Aye,” the Board authorized settlement of a lawsuit filed against the County over groundwater monitoring and surface maintenance responsibility for the Bradley Park Landfill site, under which the County’s insurance carrier will pay $1.55 million towards the City of San Marcos’ investigation, response and remediation costs and will enter into a new agreement between the parties that more clearly defines future maintenance and environmental site responsibilities of the respective parties. SUBJECT:12. PUBLIC COMMUNICATION

OVERVIEW: Chin Tu, John O’Reilly, Chuck Collins, Don Sonck, Bob Ebert, Gail Carroll, Greg Charnak, and Wayne Rosenbaum spoke to the Board concerning the Palomar Airport.

ACTION: Heard, referred to the Chief Administrative Officer. There being no further business, the Board adjourned at 10:45 a.m.

1/07/2009 14 THOMAS J. PASTUSZKA Clerk of the Board of Supervisors County of San Diego, State of California

Consent: Galve Discussion: Mazyck

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

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