County of San Diego Board of Supervisors s12

STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING - PLANNING AND LAND USE MATTERS WEDNESDAY, JULY 23, 2008 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 Greg Cox, Chairman; Dianne Jacob, Vice Chairwoman; Pam Slater-Price; Ron Roberts; Bill Horn; also Thomas J. Pastuszka, Clerk.

Approval of Statement of Proceedings/Minutes for meetings of June 18, 2008, and June 25, 2008.

ACTION: ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meetings of June 18, 2008 and June 25, 2008.

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

Board of Supervisors’ Agenda Items

1. NOTICED PUBLIC HEARING: GENERAL PLAN AMENDMENT (GPA) 08-003: LAKE JENNINGS VILLAGE CONDOMINIUM SUBDIVISION, GPA 05-005, R 05-013, TM 5444RPL4, S 05-047; LAKESIDE COMMUNITY PLAN & PEACEFUL VALLEY RANCH, GPA 03-005, R03-015, TM 5341RPL5, P 04-048; JAMUL-DULZURA SUBREGIONAL PLAN

2. NOTICED PUBLIC HEARING: PUBLIC HEARING AND CONFIRMATION OF LEVIES FOR MOSQUITO, VECTOR AND DISEASE CONTROL BENEFIT ASSESSMENT AND MOSQUITO ABATEMENT AND VECTOR CONTROL SERVICE CHARGE

3. NOTICED PUBLIC HEARING: HEARING TO CONFIRM ASSESSMENTS IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT AND LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 1 [FUNDING SOURCE(S): INDIVIDUAL DISTRICT TRUST FUNDS ON DEPOSIT]

7/23/08 1 4. NOTICED PUBLIC HEARING: HEARING TO CONFIRM FISCAL YEAR 2008-09 LEVIES FOR PERMANENT ROAD DIVISION ZONES, COUNTY SERVICE AREAS AND ZONES, AND STORMWATER MAINTENANCE ZONES [FUNDING SOURCE(S): INDIVIDUAL DISTRICT TRUST FUNDS ON DEPOSIT]

(RELATES TO FLOOD AGENDA NO. 1) 5. NOTICED PUBLIC HEARING: POTRERO PARK – ACQUISITION OF 19.6 ACRES (CLARKE) FOR INCLUSION IN POTRERO COUNTY PARK 6. CONTINUED NOTICED PUBLIC HEARING: WILDERNESS GARDENS PRESERVE, PALA – ACQUISITION OF 19.24 ACRES FOR OPEN SPACE (ENVIRONMENTAL TRUST, INC.)

7. ORDINANCE AMENDING FEES CHARGED BY THE DEPARTMENT OF AGRICULTURE, WEIGHTS AND MEASURES AND ORDINANCE REPEALING FEE EXEMPTION FOR POINT-OF-SALE SYSTEMS 8. ASSISTING DISASTER SURVIVORS 9. DESIGNATING THE COMMUNITY OF CANEBRAKE AS A COLONIA 10. FORMATION OF AN ADVISORY COMMITTEE FOR COUNTY SERVICE AREA 83 (SAN DIEGUITO) AND 83 ZONE A (4S RANCH) 11. SET HEARING FOR 9/17/08: SOUTH SANTA FE AVENUE NORTH RECONSTRUCTION PROJECT IN VISTA - CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY [FUNDING SOURCE(S): SANDAG HIGHWAY TRANSNET, LOCAL TRANSNET, AND STATE ROUTE 78 CORRIDOR FUNDS] 12. AUTHORIZATION TO BID AND AWARD A CONSTRUCTION CONTRACT FOR THE SWEETWATER SUMMIT CAMPGROUND EXPANSION, PHASE I [FUNDING SOURCE(S): GENERAL FUND DOLLARS, DISTRICT 1 COMMUNITY PROJECTS FUNDS , PROPOSITION 40 ROBERTI-Z’BERG-HARRIS GRANT, SALE OF FIXED ASSETS AND SOUTH BAY EXPRESSWAY DONATION IN CAPITAL PROJECT 1000207 – SWEETWATER SUMMIT CAMPGROUND EXPANSION]

13. AUTHORIZATION TO BID AND AWARD CONSTRUCTION CONTRACT FOR THE LINDO LAKE BOATHOUSE REHABILITATION PROJECT [FUNDING SOURCE(S): EXISTING BUDGETED PROPOSITION 12 ROBERTI- Z’BERG-HARRIS GRANT AND GENERAL FUNDS GRANT MATCH IN CAPITAL PROJECT 1009269 - LINDO LAKE BOATHOUSE RESTORATION] 14. AUTHORIZATION TO BID AND AWARD A CONSTRUCTION CONTRACT FOR THE HILTON HEAD PARK SATELLITE BASED IRRIGATION CONTROL SYSTEM [FUNDING SOURCE(S): APPROPRIATIONS TRANSFER FROM CAPITAL PROJECT 1010406 – HILTON HEAD PHASE II IMPROVEMENTS]

7/23/08 2 15. SET HEARING FOR 9/17/08: POTRERO – ACQUISITION OF 93.79 ACRES (GAVIN) FOR INCLUSION IN MASON WILDLIFE PRESERVE 16. ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF FORMER ALPINE II BURN DUMP MITIGATION PROJECT [FUNDING SOURCE(S): INACTIVE WASTE SITE MANAGEMENT FUND AND GRANT REVENUE FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD ] (4 VOTES)

17. AUTHORIZATION TO BID AND AWARD A CONSTRUCTION CONTRACT FOR THE SPRING VALLEY COMMUNITY CENTER EXPANSION PROJECT [FUNDING SOURCE(S): PROPOSITION 40 MURRAY-HAYDEN, AND GENERAL FUND]

18. MCCLELLAN-PALOMAR AIRPORT – NEW RESTAURANT GROUND LEASE WITH CARLSBAD LANDINGS, INC. (4 VOTES) 19. ADVERTISE AND AWARD CONTRACT FOR ASPHALT RESURFACING IN BORREGO SPRINGS [FUNDING SOURCE(S): PROPOSITION 42 REVENUE]

20. ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF THE JAMACHA BOULEVARD INTERCONNECT PROJECT IN SPRING VALLEY [FUNDING SOURCE(S): CONGESTION MANAGEMENT AND AIR QUALITY IMPROVEMENT PROGRAM GRANT] (4 VOTES)

21. TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

22. REVISIONS TO BOARD OF SUPERVISORS POLICY I-63, GENERAL PLAN AMENDMENT AND ZONING GUIDELINES; POD 08-008 23. PROGRESS REPORT ON THE GENERAL PLAN UPDATE

7/23/08 3 24. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: FORMATION OF AN ADVISORY COMMITTEE FOR LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2 – JULIAN (JESS MARTIN PARK)

25. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: IMPROVING FIRE AND LIFE SAFETY SERVICES IN UNINCORPORATED SAN DIEGO COUNTY [FUNDING SOURCE(S): GENERAL PURPOSE REVENUES]

26. CONTINUED NOTICED PUBLIC HEARING: ADOPT RESOLUTIONS OF FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2008-01 (HARMONY GROVE VILLAGE)

27. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES AND COUNTY ADMINISTRATIVE CODE ASSIGNED TO THE LAND USE AND ENVIRONMENT GROUP

28. CLOSED SESSION (CARRYOVER ITEM FROM 07/22/08, AGENDA NO. 24)

29. PUBLIC COMMUNICATION

7/23/08 4 1. SUBJECT: NOTICED PUBLIC HEARING: GENERAL PLAN AMENDMENT (GPA) 08-003: LAKE JENNINGS VILLAGE CONDOMINIUM SUBDIVISION, GPA 05-005, R 05-013, TM 5444RPL4, S 05-047; LAKESIDE COMMUNITY PLAN & PEACEFUL VALLEY RANCH, GPA 03-005, R 03-015, TM 5341RPL5, P 04-048; JAMUL-DULZURA SUBREGIONAL PLAN (DISTRICT: 2)

OVERVIEW: This is a proposal to amend the San Diego County General Plan Regional Land Use Element and Circulation Element. It represents the second such amendment of the Regional Land Use Element and the first of the Circulation Element to be considered by the Board of Supervisors in 2008. This General Plan Amendment consists of the following two items:

Lake Jennings Village Condominium Subdivision – The proposed project is a one-lot subdivision of 13 acres for a 190-unit condominium project. Interstate 8 (I-8) is located north of Olde Highway 80, and the site is located southeast of the I-8 and Lake Jennings Road interchange (Thomas Bros. Guide 1232/G5). This is also a request to amend the General Plan Land Use Designations from Residential, General Commercial, and Service Commercial to all Residential (14.5 dwelling units per acre) on 13 acres located in the Lakeside Community Plan. A Zone Reclassification is also proposed to change the existing Zoning from Residential, Limited Agriculture, Heavy Commercial, and Freeway Commercial to Urban Residential (15.1 dwelling units per acre). The project includes vacation of Pecan Park Lane and extension of Rios Canyon Road. The project also includes a Tentative Map and Site Plan.

Peaceful Valley Ranch - The proposed project is a major subdivision of 181 acres into 57 lots (estate residential, equestrian, open space, joint use and roads). Lot sizes range from 2.0 to 28.9 acres. The project is located at the intersection of State Route 94 and Peaceful Valley Ranch Road in the Jamul-Dulzura Subregional Plan Area (Thomas Bros. Guide 1292/J3). This is also a request to amend the General Plan Land Use Designation from Multiple Rural Use (1 dwelling unit per 4, 8, 20 acres) to Estate Residential (1 dwelling unit per 2, 4 acres) on the eastern 152 acres of the 181 acre project site, and a request to delete a planned portion of SC760 from Olive Vista Drive to State Route 94 from the General Plan Circulation Element. A Zone Reclassification is also proposed to change the existing Zoning from General Agriculture (8 acre minimum lot size) to General Agriculture (2 acre minimum lot size). A Major Use Permit is required for spectator events at the private equestrian/polo training facility.

FISCAL IMPACT: N/A

BUSINESS IMPACT STATEMENT: N/A 7/23/08 1 RECOMMENDATION: PLANNING COMMISSION 1. Adopt the resolution entitled, "A Resolution of the San Diego County Board of Supervisors Adopting General Plan Amendment GPA 08-003", which adopts amendments to the Land Use Element and the Circulation Element of the General Plan and includes the California Environmental Quality Act determinations for all actions related to GPA 08-003, for the reasons stated therein and discussed in this report. (Attachment 1.a)

Lake Jennings Village Condominium Subdivision:

2. Adopt the attached Form of Ordinance for Lake Jennings Village Condominium Subdivision, Application Number R 05-013:

AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE LAKESIDE COMMUNITY PLANNING AREA, REF: R 05-013 (Attachment 1.b)

3. Adopt the resolution entitled, "Resolution of San Diego County Conditionally Approving TM 5444RPL4", which makes the appropriate findings and imposes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Subdivision Ordinance and State Law. (Attachment A-2)

4. Adopt the Form of Decision entitled, "Decision of the Board of Supervisors Approving Site Plan Number S 05-047", which makes the appropriate findings and imposes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Zoning Ordinance and State Law. (Attachment A-3)

Peaceful Valley Ranch:

5. Adopt the attached Form of Ordinance for Peaceful Valley Ranch, Application Number R 03-015:

AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE JAMUL/DULZURA SUBREGIONAL PLANNING AREA, REF: R 03-015 (Attachment 1.b)

6. Adopt the resolution entitled, "Resolution of San Diego County Conditionally Approving TM 5341RPL5", which makes the appropriate findings and imposes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Subdivision Ordinance and State Law. (Attachment B-2) 7. Adopt the Form of Decision Granting Major Use Permit P 04-048, which makes the 7/23/08 2 appropriate findings and impose those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Zoning Ordinance and State Law. (Attachment B-3)

DEPARTMENT OF PLANNING AND LAND USE The Department concurs with the Planning Commission recommendation. 1.1 ACTION: ON MOTION OF Supervisor Jacob, seconded by Supervisor Slater-Price the Board took action tentatively as recommended with regard to Peaceful Valley Ranch.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 1.2 ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price the Board took action tentatively and directed the Chief Administrative Officer to work with the developer to create an alternative project that will reduce density (keeping within the 35 foot high limit for 2-story buildings), provide the open space that is required in County regulations and design review guidelines, and resolve tree issues.

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

The Board trailed the item, directing staff to prepare appropriate recommendations as follows:

1. Adopt the “RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ADOPTING GENERAL PLAN AMENDMENT (GPA) 08-003”, which removes the Lake Jennings Village project from the General Plan Amendment and approves the General Plan Amendment for Peaceful Valley Ranch. (Attachment A)

2. Regarding the Peaceful Valley Ranch project,

a. Adopt the attached Form of Ordinance for Peaceful Valley Ranch, Application Number R 03-015:

AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE JAMUL/DULZURA SUBREGIONAL PLANNING AREA, REF: R 03-015 (Attachment 1.b to the Planning Report)

b. Adopt the Resolution entitled, “resolution of San Diego County Conditionally approving TM 5341RPL5”, which makes the appropriate findings and imposes those requirements and conditions necessary to ensure that the project is implements in a manner consistent with the Subdivision Ordinance and State Law. (Attachment B-2 to the Planning Report) c. Adopt the Form of Decision Granting Major Use Permit P 04-048, which makes 7/23/08 3 the appropriate findings and impose those requirements and conditions necessary to ensure that the project is implements in a manner consistent with the Zoning Ordinance and State Law. (Attachment B-3 to the Planning Report) 3. Regarding the Lake Jennings Village project: Refer back to staff the applications for General Plan Amendment GPA 05-005, Rezone R 05-013, Tentative Map TM 5444RPL4, and Site Plan S 05-047, for project redesign to comply with: a. A two story 35’ height limit, b. Lakeside Design Guidelines requirements regarding trees, and c. Lakeside Design Guidelines requirements regarding private useable open space;

1.3 ACTION: Noting for the record that an Errata sheet has been submitted and is approved as part of the motion; ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended in the new recommendations above, adopting the following Resolutions and Ordinances: Resolution No. 08-138, entitled: A RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ADOPTING GENERAL PLAN AMENDMENT (GPA) 08-003; Resolution No. 08-140, entitled: RESOLUTION OF SAN DIEGO COUNTY CONDITIONALLY APPROVING TENTATIVE MAP NO. 5341RPL5; and Ordinance No. 9948 (N.S.), entitled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE JAMUL/DULZURA SUBREGIONAL PLANNING AREA REF: R03-015. AYES: Cox, Jacob, Slater-Price, Horn NOES: Roberts

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

OVERVIEW: On July 25, 2007 (8), the Board approved the levy of assessments for the Mosquito, Vector and Disease Control Benefit Assessment. According to Article XIIID of the State Constitution (Proposition 218) approved by California voters in November 1996, property owners approve a benefit assessment through a ballot measure and in subsequent years the governing body approves the levy on properties. The recommended actions will approve the Engineers Report, confirm the assessment diagram and assessment, and order the levy of assessments for the Mosquito, Vector and

7/23/08 4 Disease Control Benefit Assessment for Fiscal Year 2008-09 by adopting a resolution. The proposed single family equivalent rate is $5.92 which is the same rate as adopted for Fiscal Year 2007-08 and is well below the maximum allowable rate of $9.37. The Board is also being asked to approve a resolution confirming the levy for Mosquito Abatement and Vector Control District Service Charge which was adopted by the Board prior to Proposition 218. The service charge for Fiscal Year 2008-09 will be levied within the authorized rate structure with no change in the rates of $3.00, $2.28, and $2.28 for Subregions 1, 2, and 3 respectively.

Upon adoption, the Mosquito, Vector and Disease Control Benefit Assessment and the Mosquito Abatement and Vector Control Service Charge will be placed on the tax roll, so that property owners can continue to pay the benefit assessment and service charge through their property tax bills for all taxable parcels.

FISCAL IMPACT: If approved this request would result in revenues of approximately $5.3 million from the benefit assessment, $2.2 million from the service charge, $0.5 million from the Trust Fund and $0.4 million interest income for at total of $8.4 million for the Vector Surveillance and Control Program. These revenues will fund about $6.5 million in operating costs for the Program and enable approximately $2 million to be set aside in the Vector Control Trust Fund for Vector Habitat Remediation. The operating costs are reflected in the approved budget for the Department of Environmental Health for Fiscal Year 2008-09. Assessments in subsequent years would depend on the Vector Surveillance and Control Program budget, approved annually by the Board. Approval of this request will require no additional staff years.

BUSINESS IMPACT STATEMENT: As recently demonstrated by the SARS outbreak in China, outbreaks of vector-borne disease can materially, negatively, impact economic activity. Such outbreaks and other public health threats can have a drastic negative effect on tourism, business and residential activities. The proposed assessments help to prevent the likelihood of vector- borne disease outbreaks. This is a benefit to business, agriculture and residential properties. Tourism is a significant component of the economic and business base in San Diego County. The tourism and business industries in the County benefit from reduced levels of harmful or nuisance mosquitoes and other vectors. Conversely, any outbreak of vector- borne diseases such as West Nile Virus could also materially affect these industries.

7/23/08 5 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 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. Find in accordance with Section 21080(b)(3) of the Public Resources Code and Section 15273 of the California Environmental Quality Act Guidelines that this action is exempt from the California Environmental Quality Act, because it establishes a charge to meet the operating expenses and necessary financial reserves for an existing program, specifically the County Vector Control Program as described herein and in the Engineer’s report. 3. Adopt a Resolution entitled A Resolution of San Diego County Board of Supervisors Approving Engineer's Report, Confirming Assessment Diagram and Assessment and Ordering the Levy of Assessments for Fiscal Year 2008-09 for the San Diego County Vector Control Program Mosquito, Vector and Disease Control Assessment. 4. Adopt a Resolution entitled Resolution of the Board of Supervisors Exercising the Powers of the Mosquito Abatement and Vector Control District Adopting Service Charges and Confirming Reports Re: Levies to be Collected on the Tax Roll for Fiscal Year 2008-09.

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 08-141, entitled: A RESOLUTION OF SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING ENGINEER'S REPORT, CONFIRMING ASSESSMENT DIAGRAM AND ASSESSMENT AND ORDERING THE LEVY OF ASSESSMENTS FOR FISCAL YEAR 2008-09 FOR THE SAN DIEGO COUNTY VECTOR CONTROL PROGRAM MOSQUITO, VECTOR AND DISEASE CONTROL ASSESSMENT, and adopting Resolution No. 08-142, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS EXERCISING THE POWERS OF THE MOSQUITO ABATEMENT AND VECTOR CONTROL DISTRICT ADOPTING SERVICE CHARGES AND CONFIRMING REPORTS RE: LEVIES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2008-09.

7/23/08 6 3. SUBJECT: NOTICED PUBLIC HEARING: HEARING TO CONFIRM ASSESSMENTS IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT AND LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 1 (DISTRICTS: ALL)

OVERVIEW: This item addresses two districts in the unincorporated County of San Diego. San Diego County Street Lighting District The San Diego County Street Lighting District was formed by the Board of Supervisors on September 30, 1987 (3), under the Landscape and Lighting Act of 1972. The District operates and maintains nearly 10,000 public street lights throughout the unincorporated county and is dedicated to providing quality street light service while maintaining a low cost to property owners. Funding for the District is through a small portion of property tax and assessments charged to properties that benefit from the street lights. Assessments are based on traffic generation with a single-family residence being assigned one unit of benefit. The assessment proposed for Fiscal Year 2008-09 is within its ballot approved rate. The proposed assessment rate for the Street Lighting District for Fiscal Year 2008-09 is $6.48 per single family home per year, a five percent increase (31¢) over the Fiscal Year 2007-08 rate. The increase reflects increasing costs of labor, materials and electricity. The voters have approved a maximum rate of $25.00. Among all street lighting district jurisdictions in the San Diego region, the County assessment rate remains the lowest. Landscape Maintenance District Zone No 1 Landscape Maintenance District Zone (LMD) No. 1 was formed under the Landscape and Street Lighting Act of 1972 to supplement revenue assessed by County Service Area No. 26 – Rancho San Diego for park operations and maintenance within the district boundary. In Fiscal Year 2008-09, Landscape Maintenance District Zone No. 1 will levy an assessment within its ballot-approved rate. On June 25, 2008 (10), the Board accepted the Engineer’s Reports for both districts, adopted a Resolution to Order Improvements for the San Diego County Street Lighting District and a Resolution to Order Improvements for the Landscape Maintenance District Zone No. 1.and set a hearing for July 23, 2008. The action requested today is adopt resolutions confirming the assessments for both districts at the close of the hearing.

FISCAL IMPACT: The proposed Fiscal Year 2008-09 budget for the San Diego County Street Lighting District reflects the proposed rate change. The rate change would increase District revenue by approximately $51,453. The funding source is individual district trust funds on deposit. The proposed Fiscal Year 2008-09 budget for Landscape Maintenance District Zone No. 1 would increase District revenue by approximately $42,700. The levies are consistent with revenues shown in the proposed budgets for the County Service Areas and Zones. If approved, these requests will result in no additional current year costs, no annual cost and will require no additional staff years.

7/23/08 7 BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER At close of the public hearing, adopt a Resolution entitled Resolution Confirming Diagram and Assessment in the San Diego County Street Lighting District and a Resolution entitled Resolution Confirming Diagram and Assessment in the Landscape Maintenance Zone No 1.

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 08-143, entitled: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENTS IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT, and adopting Resolution No. 08-144, entitled: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENTS IN THE LANDSCAPE MAINTENANCE DISTRICT ZONE NO 1.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 4. SUBJECT: NOTICED PUBLIC HEARING: CONFIRM FISCAL YEAR 2008-09 LEVIES FOR PERMANENT ROAD DIVISION ZONES, COUNTY SERVICE AREAS AND ZONES, AND STORMWATER MAINTENANCE ZONES (DISTRICTS: ALL)

OVERVIEW: A public hearing is required annually to confirm and adopt levies for Permanent Road Division Zones, County Service Areas and Zones, and Flood Control District Stormwater Maintenance Zones prior to placing on the tax roll. Article XIIID of the State Constitution (Proposition 218), approved by California voters in November 1996, determines how these districts set maximum rates, dependent upon whether they are categorized as an assessment, fee or charge, or a special tax. The levies described in this letter reflect no increases except those previously approved by property owner ballot or registered district voters.

In Fiscal Year 2008-09, 51 Permanent Road Division Zones, 15 County Service Areas and Zones, and 2 Flood Control District Stormwater Maintenance Zones will levy within their approved range. These include:

County Service Areas No. 26A – Cottonwood Village, No. 26B – Monte Vista, and No. 136 – Sundance Detention Basin, will levy within their approved range.

Local Park County Service Area (No. 26 – Rancho San Diego and No. 128 – San Miguel), impose a fee or charge with no increase. San Dieguito Local Parks District No. 7/23/08 8 83 – Zone A (4S Ranch) will levy an assessment within its ballot-approved maximum rate. County Service Area No. 135 – 800 MHz Communications Zones B – Del Mar, H – Solana Beach, and F – Poway, will levy a voter-approved special tax.

Fire Protection District County Service Areas No. 107 – Elfin Forest, No. 113 – San Pasqual, No. 109 – Mt. Laguna, and No. 110 Palomar Mountain will levy within their voter-approved maximum rates, as will County Services Areas No. 17 – San Dieguito Emergency Medical Services and No. 69 – Heartland Paramedic Services.

Flood Control District Stormwater Maintenance Zones No. 3-4978-1 – Blackwolf and No. 4-4249-3 – Lake Rancho Viejo will levy within their ballot-approved maximum rates.

This request is to adopt resolutions confirming levies for various Special Districts. Upon adoption, these assessments will be placed on the tax roll, so that Special District members can pay through their property tax bills.

On June 25, 2008 (2), your Board adopted resolutions to dissolve Permanent Road Division Zone No. 14 – Rancho Diego. This item includes a recommendation to adopt a Resolution that allows the small annual tax increment (about $320) formerly received by that district to be allocated in the future to County General Fund.

FISCAL IMPACT: Funds for processing this request are budgeted in Department of Public Works, Special Districts Administration. The funding source is individual district trust funds on deposit. The levies are consistent with revenues shown in the proposed budgets for the Permanent Road Division Zones, County Service Areas and Zones, and the Flood Control District Stormwater Maintenance Zone. The proposed budgets were submitted to the Board on May 13, 2008 (10) and were subject to public hearings from June 9 through June 18, 2008. The Board tentatively approved the County’s Operational Plan following budget deliberations on June 25, 2008. Final budget adoption is scheduled for July 31, 2008. If approved, these requests will result in no additional current year costs, no annual cost and will require no additional staff years.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the proposed activity is exempt from California Environmental Quality Act (CEQA), as specified under the CEQA Guidelines Sections 15060(c)(2) and 15273.

2. Adopt a resolution entitled Resolution of the Board of Supervisors Acting as the Governing Body of San Diego Countywide Permanent Road Division No. 1000 Zones Adopting Assessments and Confirming Reports re: Levies to be Collected on 7/23/08 9 the Tax Roll for Fiscal Year 2008-09. 3. Adopt a resolution entitled Resolution of the Board of Supervisors Acting as the Governing Body of County Service Areas Adopting Assessments and Confirming Reports re: Levies to be Collected on the Tax Roll for Fiscal Year 2008-09.

4. Adopt a resolution entitled Resolution of the Board of Supervisors Acting as the Governing Body of County Service Area No. 26 – Rancho San Diego Local Park District, County Service Area No. 128 – San Miguel Local Park District, and County Service Area No. 83, Zone A – San Dieguito Local Park District Adopting Charges and Confirming Reports re: Levies to be Collected on the Tax Roll for Fiscal Year 2008-09.

5. Adopt a resolution entitled Resolution of the Board of Supervisors Acting as the Governing Body of County Service Area No. 26 – Rancho San Diego Local Park District, County Service Area No. 128 – San Miguel Local Park District, and County Service Area No. 83, Zone A – San Dieguito Local Park District Adopting Charges and Confirming Reports re: Levies to be Collected on the Tax Roll for Fiscal Year 2008-09.

6. Adopt a resolution entitled Resolution of the Board of Supervisors Acting as the Governing Body of County Service Area No. 107 - Elfin Forest, County Service Area No. 109 – Mt. Laguna, County Service Area No. 110 – Palomar Mountain, and County Service Area No. 113 – San Pasqual Adopting Levies and Confirming Reports re: Special Taxes to be Collected on the Tax Roll for Fiscal Year 2008-09.

7. Adopt a resolution entitled Resolution of the Board of Supervisors Acting as the Governing Body of County Service Areas No. 17 – San Dieguito Emergency Medical Services and No. 69 – Heartland Paramedic Services Adopting Levies and Confirming Reports re: Special Taxes to be Collected on the Tax Roll for Fiscal Year 2008-09.

8. Adopt a resolution entitled Resolution Regarding Negotiated Property Tax Exchange Relative to Jurisdictional Changes for Dissolution of Permanent Road Division Zone No. 14—Rancho Diego.

(RELATES TO FLOOD AGENDA NO. 1)

7/23/08 10 ACTION:

7/23/08 11 Revising Recommendation No. 5 to read: “ RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF COUNTY SERVICE ARE NO. 135, ZONES B – DEL MAR, H – SOLANA BEACH, AND F – POWAY ADOPTING LEVIES AND CONFIRMING REPORTS RE: SPECIAL TAXES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2008-09”, and Revising Environmental Statement to read: “CEQA Guidelines Section 15273 exempts from CEQA review the establishment of rates, tolls, fares and other charges by public agencies levied to, among other things, meet operational expenses. CEQA Guidelines Section 15060(c)(2) provides that an activity is not subject to CEQA if the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. The activity which is the subject of this action by the County of San Diego and the San Diego Flood Control District is the annual adoption of resolutions to confirm assessments, special taxes and other charges after a public hearing. These charges are used to meet operating and other expenses within the meaning of Section 15273 of the CEQA Guidelines and will not in and of themselves result in any direct or reasonably foreseeable indirect change in the physical environment. The proposed action is, accordingly, not subject to CEQA review pursuant to Sections 15060(c)(2) and 15273 of the CEQA Guidelines”;

ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent, adopting the following Resolutions: Resolution No. 08-145, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000 ZONES ADOPTING ASSESSMENTS AND CONFIRMING REPORTS RE: LEVIES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2008-09; Resolution No. 08-146, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF COUNTY SERVICE AREAS ADOPTING ASSESSMENTS AND CONFIRMING REPORTS RE: LEVIES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2008-09; Resolution No. 08-147, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF COUNTY SERVICE AREA NO. 26 – RANCHO SAN DIEGO LOCAL PARK DISTRICT, COUNTY SERVICE AREA NO. 128 – SAN MIGUEL LOCAL PARK DISTRICT, COUNTY SERVICE AREA NO. 83, ZONE A – SAN DIEGUITO LOCAL PARK DISTRICT ADOPTING CHARGES AND CONFIRMING REPORTS RE: LEVIES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2008-09;

Resolution No. 08-148, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF COUNTY SERVICE ARE NO. 135,

7/23/08 12 ZONES B – DEL MAR, H – SOLANA BEACH, AND F – POWAY ADOPTING LEVIES AND CONFIRMING REPORTS RE: SPECIAL TAXES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2008-09; Resolution No. 08-149, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF COUNTY SERVICE AREA NO. 107 - ELFIN FOREST, COUNTY SERVICE AREA NO. 109 – MT. LAGUNA, COUNTY SERVICE AREA NO. 110 – PALOMAR MOUNTAIN, AND COUNTY SERVICE AREA NO. 113 – SAN PASQUAL ADOPTING LEVIES AND CONFIRMING REPORTS RE: SPECIAL TAXES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2008-09; Resolution No. 08-150, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF COUNTY SERVICE AREAS NO. 17 – SAN DIEGUITO EMERGENCY MEDICAL SERVICES AND NO. 69 – HEARTLAND PARAMEDIC SERVICES ADOPTING LEVIES AND CONFIRMING REPORTS RE: SPECIAL TAXES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2008-09, and Resolution No. 08-151, entitled: RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES FOR DISSOLUTION OF PERMANENT ROAD DIVISION ZONE NO. 14 – RANCHO DIEGO.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 5. SUBJECT: NOTICED PUBLIC HEARING: POTRERO PARK – ACQUISITION OF 19.6 ACRES (CLARKE) FOR INCLUSION IN POTRERO COUNTY PARK (DISTRICT: 2)

OVERVIEW: On June 18, 2008 (11), the Board of Supervisors took action as recommended, on Consent, setting Hearing for July 23, 2008 at 9:00 a.m.

The County has identified a 19.6-acre parcel, in the unincorporated community of Potrero, for inclusion in Potrero County Park. Before the October 2007 wildfires, the property contained a single-family residence surrounded by acres of Northern mixed chaparral. The property is ideal to buffer the chamise chaparral and high quality oak woodland habitat found in Potrero Park. It is being purchased for inclusion in the future East County Multiple Species Conservation Program. The property is located north of Highway 94 just east of Barrett Junction at 25840 Potrero Park Drive (Thomas Guide, page 429, L10). The fair market value of the property is $290,000, as determined by an independent fee appraiser.

FISCAL IMPACT: Should the Board approve the purchase of the property for $290,000 on July 23, 2008, funds for the purchase and related costs will be provided by existing budgeted funds

7/23/08 13 available in Capital Project 1000012 - MSCP Acquisitions. If approved, there will be a current year cost of $339,200, including $290,000 for the property acquisition, plus $1,450 for title insurance and escrow costs, $25,750 for staff and administrative expenses to complete the purchase and $22,000 for one-time stewardship activities such as installing fencing and signage. The Chief Administrative Officer’s Proposed Fiscal Years 2008-2010 Operational Plan includes funding for the ongoing costs related to operation and maintenance of this park. Ongoing stewardship and monitoring for this property are estimated at $3,000 per year. Although continued acquisition of property for the Multiple Species Conservation Program (MSCP) program will increase the need for additional oversight staff, no additional staffing will be required as a result of this purchase.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, in accordance with Section 15325 of the California Environmental Quality Act (CEQA) Guidelines, that the purchase of Assessor’s Parcel Number 653-111-03 is categorically exempt from the provisions of the guidelines, as it involves the transfer of ownership of land to preserve open space and natural habitat.

2. Approve the Real Property Contract for the purchase of Assessor Parcel Number 653-111-03 from Richard D. Clarke and Phyllis S. Clarke for the appraised value of $290,000, and direct the Clerk of the Board of Supervisors to execute two originals of the contract.

3. Authorize the Director of the Department of General Services, or designee, to execute all escrow and related documents necessary to complete the purchase of Assessor Parcel Number 653-111-03.

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

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 6. SUBJECT: CONTINUED NOTICED PUBLIC HEARING: WILDERNESS GARDENS PRESERVE, PALA – ACQUISITION OF 19.24 ACRES FOR OPEN SPACE (ENVIRONMENTAL TRUST, INC.) (DISTRICT: 5)

OVERVIEW: On June 18, 2008 (10), the Board of Supervisors took action as recommended, on Consent, setting Hearing for July 23, 2008 at 9:00 a.m.

The County has identified a 19.24-acre parcel in the Pala area for inclusion in the 7/23/08 14 County’s Wilderness Garden Preserve. The land is located south of Pala Road, east of Lilac Road and 200 feet south of the San Luis Rey River (Thomas Guide, Page 1030-B, C5).

FISCAL IMPACT: Should the Board approve the purchase of the property for $106,000 on July 23, 2008, funds for the purchase will be provided by existing budgeted funds available in Capital Project 1000012 – MSCP Acquisitions. If approved, there will be a current year cost of $138,550 including $106,000 for the property acquisition, plus $1,050 for title and escrow fees, $11,500 for staff and administrative expenses to complete the transaction and $20,000 for one-time stewardship activities such as installing fencing and signage and removing debris. The Chief Administrative Officer’s Proposed Fiscal Years 2008- 2010 Operational Plan will include funding for ongoing costs related to operation and maintenance of the preserve. Ongoing Multiple Species Conservation Program (MSCP) stewardship and monitoring for this property are estimated at $3,000 per year. Although continued acquisition of property for the MSCP program could eventually create the need for additional oversight staff, no additional staffing will be required as a result of this purchase.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, in accordance with Section 15325 of the California Environmental Quality Act (CEQA) Guidelines, that the purchase of Assessor’s Parcel Number 110-190-15 is categorically exempt from the provisions of the guidelines, as it involves the transfer of ownership of land to preserve open space and natural habitat.

2. Approve the Real Property Contract for the purchase of Assessor Parcel Number 110-190-15 from Environmental Trust, Inc. for the appraised value of $106,000, and direct the Clerk of the Board to execute two originals of the contract.

3. Authorize the Director of the Department of General Services, or designee, to execute all escrow and related documents necessary to complete the purchase of Assessor Parcel Number 110-190-15 from Environmental Trust, Inc.

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

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 7. SUBJECT: ORDINANCE AMENDING FEES CHARGED BY THE DEPARTMENT OF AGRICULTURE, WEIGHTS AND MEASURES AND ORDINANCE REPEALING FEE EXEMPTION FOR POINT-OF-SALE SYSTEMS 7/23/08 15 (DISTRICTS: ALL)

OVERVIEW: The Department of Agriculture, Weights and Measures (AWM) provides services to agricultural businesses in San Diego County while protecting the environment and ensuring the health and safety of all residents. AWM ensures equity in the marketplace by promoting awareness of laws and regulations and by enforcing them fairly and equally.

The Department has conducted a comprehensive fee analysis and proposes to add, adjust and restructure fees in multiple programs. This is a request to amend County Administrative Code Section 364.3 relating to fee adjustments for services and programs provided by AWM. This is also a request to repeal County Code of Regulatory Ordinances Section 21.2003(b) related to a fee exemption for three or fewer point-of-sale stations in an establishment of 3,500 square feet or less.

The proposed fee adjustments resulted from a comprehensive review and collaborative effort among customers and all levels of staff within AWM. Approval of the recommendations will allow AWM to provide the optimal level of customer service, comply with new State mandates and operate at the lowest possible cost to customers while maintaining the most efficient organization.

The Board of Supervisors has historically waived various Departmental program and activity fees from full cost recovery in accordance with a statewide practice of providing State and county funds to help offset the costs of agricultural programs. This practice results from the recognition that agriculture contributes to public health and welfare.

FISCAL IMPACT: The proposed fees are anticipated to generate total revenue of $2,082,442 in Fiscal Year 2008-09, approximately $322,896 more than Fiscal Year 2007-08. Funds for this request are included in the CAO’s Adopted Operational Plan for Fiscal Years 2008-09 and 2009- 10 for the Department of Agriculture, Weights and Measures.

BUSINESS IMPACT STATEMENT: More than 12,000 local businesses request services and/or are regulated by the Department of Agriculture, Weights and Measures due to their potential affect on the environment, health and safety or other aspects of the quality of life for the county’s residents. The Board of Supervisors has established various fees to help offset the costs for services and regulatory activities of the Department.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find in accordance with Section 15273(a) of the California Environmental Quality Act (CEQA) Guidelines that the proposed changes to existing fees are exempt from CEQA. Find that the fees are based on Department calculations, are for the purpose 7/23/08 16 of meeting the operating expenses of the Department of Agriculture, Weights and Measures and the fees do not exceed the reasonable costs of providing the respective services and programs.

2. Waive Board Policy B-29, Fees, Grants and Revenue Contracts, Department Responsibility for Full Cost Recovery, to allow less than full cost recovery for the Stormwater and County Veterinarian programs.

3. Approve the introduction of the Ordinance (first reading), read title and waive further reading of the Ordinance. AN ORDINANCE AMENDING SECTION 364.3 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO FEES CHARGED BY THE DEPARTMENT OF AGRICULTURE, WEIGHTS AND MEASURES.

Submit the Ordinance for further Board consideration and adoption (second reading) on August 6, 2008.

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

AN ORDINANCE REPEALING SECTION 21.2003(b) OF THE COUNTY CODE OF REGULATORY ORDINANCES RELATING TO FEES FOR AUTOMATED POINT-OF-SALE SYSTEMS.

Submit the Ordinance for further Board consideration and adoption (second reading) on August 6, 2008.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, introducing Ordinances for further Board consideration and adoption on August 6, 2008.

AYES: Cox, Jacob, Slater-Price, Horn NOES: Roberts 8. SUBJECT: ASSISTING DISASTER SURVIVORS (DISTRICTS: ALL)

OVERVIEW: The firestorms of 2003 and 2007 tragically demonstrated the devastating impacts wildfires cause in San Diego County. Approximately 3,500 homes were destroyed or damaged by both catastrophic events. Every day individuals affected by those fires continue to work through the strenuous pain of rebuilding not only their homes, but also their lives. In addition, the rebuilding process can be very daunting and complicated, particularly in the unincorporated area. To make matters worse, many individuals have recently discovered that their properties – on which they own and diligently have paid taxes for years – are not legal buildable lots 7/23/08 17 according to State law. This ultimately prohibits them from rebuilding because, in most cases, the subject parcels were not legally subdivided in accordance with the State Subdivision Map Act. As expected, the nature of this news is very hard for a fire survivor to comprehend. In an effort to assist property owners who lost structures in a declared natural disaster area and discovered their property was not a legal buildable lot, today’s action will direct the Chief Administrative Officer (CAO) to investigate options that will allow these property owners to rebuild their lost or damaged structures. In addition, this item will also direct the CAO to pursue any necessary legislative changes or actions at the Federal and State level that will accomplish the above goal.

FISCAL IMPACT: There is no fiscal impact associated with this action at this time.

RECOMMENDATION: VICE-CHAIRWOMAN JACOB 1. Direct the Chief Administrative Officer to investigate options that will allow property owners who lost structures in a declared natural disaster area and discovered their property was not a legal buildable lot to rebuild their lost or damaged structures.

2. Direct the Chief Administrative Officer to pursue any necessary legislative changes or actions at the Federal or State level that will allow property owners who lost structures in a declared natural disaster area and discovered their property was not a legal buildable lot to rebuild their lost or damaged structures.

3. Direct the Chief Administrative Office to report back to the Board in 90 days with all findings.

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

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 9. SUBJECT: DESIGNATING THE COMMUNITY OF CANEBRAKE AS A COLONIA (DISTRICT: 2)

OVERVIEW: By federal definition, a colonia is an unincorporated community located within 150 miles of the United States-Mexico Border, with a population of less than 10,000 that is typically low-income. In addition, the community typically lacks safe, sanitary and sound housing as well as services such as potable water, adequate sewage systems, drainage, paved streets and utilities.

7/23/08 18 The County Board of Supervisors in previous years has designated the communities of Jacumba, Tecate and Lake Morena as colonias to assist with essential and basic services, such as housing, water and sewer. The Canebrake County Water District requests that the County of San Diego designate the community of Canebrake as a colonia to help establish eligibility for grants from the United States Department of Agriculture and the California Department of Housing and Community Development for infrastructure improvements. Today’s action will adopt a resolution that will designate the community of Canebrake as a colonia.

FISCAL IMPACT: There is no fiscal impact related to this proposal.

RECOMMENDATION: VICE-CHAIRWOMAN JACOB Adopt the resolution entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO DESIGNATING THE COMMUNITY OF CANEBRAKE AS A COLONIA.

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Resolution No. 08-152, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO DESIGNATING THE COMMUNITY OF CANEBRAKE AS A COLONIA.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 10. SUBJECT: FORMATION OF AN ADVISORY COMMITTEE FOR COUNTY SERVICE AREA 83 (SAN DIEGUITO) AND 83 ZONE A (4S RANCH) (DISTRICT: 5)

OVERVIEW: The County has identified the need for an advisory body for parks in the San Dieguito and 4S Ranch communities. A citizen advisory group will provide input to the Department of Parks and Recreation regarding the annual operations and maintenance for parks in County Service Area 83 (San Dieguito) and 83 Zone A (4S Ranch).

FISCAL IMPACT: A waiver of Board Policy A-74 relating to travel reimbursement for Committee members is requested. Committee members will be residents or property owners in the San Dieguito and 4S Ranch communities and, therefore, will not be required to travel outside the boundaries of County Service Area 83 (San Dieguito) and 83 Zone A (4S Ranch) to conduct Committee meetings or business.

BUSINESS IMPACT STATEMENT:

7/23/08 19 N/A

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

2. In accordance with Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees, authorize the formation of an Advisory Committee for County Service Area 83 (San Dieguito) and 83 Zone A (4S Ranch) with up to seven members. The Advisory Committee members will be nominated by Supervisor Horn and approved by the Board. The Committee will serve as an advisory body by providing input to the Department of Parks and Recreation regarding annual operations and maintenance of County Service Areas 83 and 83 Zone A.

3. Adopt the resolution entitled: A Resolution of the Board of Supervisors of the County of San Diego Establishing An Advisory Committee for County Service Area 83 (San Dieguito) and 83 Zone A (4S Ranch). (Attachment A)

4. Waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees regarding payment to members for travel expenses.

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Resolution No. 08-153, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO ESTABLISHING AN ADVISORY COMMITTEE FOR COUNTY SERVICE AREA 83 (SAN DIEGUITO) AND 83 ZONE A (4S RANCH).

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 11. SUBJECT: SET A HEARING FOR 9/17/08: SOUTH SANTA FE AVENUE NORTH RECONSTRUCTION PROJECT IN VISTA - CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY (DISTRICT: 5)

OVERVIEW: South Santa Fe Avenue is located north of and runs parallel to State Route 78 in northwest San Diego County. This road provides an alternate route between the cities of Vista and San Marcos for surrounding residences and businesses. South Santa Fe Avenue is improved to a four-lane configuration within the Vista City limits and similar road improvements have been completed within the City of San Marcos.

The South Santa Fe Avenue North Reconstruction Project will widen a 0.74 mile stretch 7/23/08 20 of South Santa Fe Avenue to a four-lane major road with a center left-turn lane from the Vista city limit at Montgomery Drive to just east of Woodland Avenue, where the project improvements will transition to meet the existing two-lane road. Other ancillary roads and intersections along South Santa Fe Avenue will be improved and realigned as a part of this project (Thomas Guide page 1108, B2). Construction is scheduled to begin in the fall of 2009 and take approximately two years to complete.

Construction of the project requires acquisition of a variety of property interests from approximately 57 properties. These interests include full fee purchases, and road, slope/drainage, and temporary construction easements. Appraisals for the required interests were completed by two independent appraisal firms. An offer for appraised value was made to each of the 57 property owners, except for the two properties owned by North County Transit District, which had previously agreed to dedicate the required right of way to the County. To date, 38 property owners have signed real property contracts agreeing to sell the required interests to the County. County staff will continue to work with individual property owners to resolve their issues related to the required acquisitions however, the project schedule requires that the authority to commence an action in eminent domain be requested at this time.

This is a request to set a hearing for September 17, 2008, to consider adoption of a Resolution of Necessity to initiate an eminent domain action for the remaining parcels, except for two parcels owned by North County Transit District, required for South Santa Fe North Reconstruction Project.

FISCAL IMPACT: There is no fiscal impact associated with this request to set a hearing to consider adopting a Resolution of Necessity. Funding of $2,608,500, which represents the appraised value for the parcels included in the Resolution of Necessity, is budgeted in the Department of Public Works Detailed Work Program for Fiscal Year 2008-2009. The funding source is SANDAG Highway TransNet, Local TransNet, and State Route 78 Corridor Funds.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Declare your Board’s intention to consider adoption of a Resolution of Necessity to initiate an action in eminent domain.

2. Set a public hearing for September 17, 2008 to consider adoption of a Resolution of Necessity for the South Santa Fe North Reconstruction Project, for the following parcels: 1997-0286 – A, B, C (Berger); 1997-0295- A, B, C (FLG Company, LLC); 1997-0300 A, B (Hannalei Park Partners); 1997-0304 A (Manoukian); 1997-0305 A, B (Nissho of California, Inc.); 1997-0311 A, B (Cox); 1997-0312 A, B (Cox/Gamboa); 1997-0314 A, B, C (McDorsky); 1997-0322 A, B, C (Boss/Dilawri);

7/23/08 21 1997-0323 A, B, C (Pinamonti); 1997-0325 A, B, C (Nicastro); 1997-0326-A, B, C (SDG&E); 1997-0327 A, B, C (Nissho of California, Inc.); 2001-0251 A (Hutchings); 2004-0061 A, B, C (Nicastro); 2004-0172 A (Rogers/Olson); 007-0147 A (Shreve).

ACTION: The Clerk having noted for the record that since the Board letter for this item was deleted, the County has received three additional signed right of way parcels, therefore these parcels are being omitted from those listed in recommendation 2: 1997-0300-A, B (Hannalei Park Partners); 2004-0172-A (Rogers/Olson); 2007-0147-A (Shreve); ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board declared it’s intention to consider adoption of a Resolution of Necessity to initiate an action in eminent domain, setting a public hearing for September 17, 2008 to consider adoption of a Resolution of Necessity for the South Santa Fe North Reconstruction Project, for the following parcels: 1997-0286 – A, B, C (Berger); 1997-0295- A, B, C (FLG Company, LLC); 1997-0304 A (Manoukian); 1997-0305 A, B (Nissho of California, Inc.); 1997- 0311 A, B (Cox); 1997-0312 A, B (Cox/Gamboa); 1997-0314 A, B, C (McDorsky); 1997-0322 A, B, C (Boss/Dilawri); 1997-0323 A, B, C (Pinamonti); 1997-0325 A, B, C (Nicastro); 1997-0326-A, B, C (SDG&E); 1997-0327 A, B, C (Nissho of California, Inc.); 2001-0251 A (Hutchings); 2004-0061 A, B, C (Nicastro).

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 12. SUBJECT: AUTHORIZATION TO BID AND AWARD A CONSTRUCTION CONTRACT FOR THE SWEETWATER SUMMIT CAMPGROUND EXPANSION, PHASE I (DISTRICT: 1)

OVERVIEW: In December 2006, a consultant contract was awarded for $250,000 to design the expansion of the Sweetwater Summit Campground located at 3218 Summit Meadow Road in the unincorporated community of Bonita (Thomas Guide Page 1291, B-7). Design of the project has recently been completed. Phase I of the expansion project will add approximately 60 new full-hookup RV campsites, restroom facilities, an amphitheatre, road network, trails connections and related native landscaping to the existing campground. Construction of Phase I of the project is scheduled to commence in Fall 2008 and be completed during Winter 2009-10.

If approved, the requested action will authorize the Director of the Department of Purchasing and Contracting to bid and award a construction contract estimated at $4,900,000, including contingency, for Phase I of the Sweetwater Summit Campground Expansion.

FISCAL IMPACT: Funds for this request are included in the Fiscal Year 2008-2009 Operational Plan. The funding sources for the campground expansion project are General Fund dollars ($4,000,000), District 1 Community Projects Funds ($10,000), Proposition 40 Roberti- Z’berg-Harris grant ($1,500,000), Sale of Fixed Assets ($189,000) and South Bay 7/23/08 22 Expressway Donation ($10,000) in Capital Project 1000207 – Sweetwater Summit Campground Expansion. If approved, this action will result in the award of a construction contract estimated at $4,900,000, including contingency. Remaining project funds will be used for related project costs, inspection services and project administration. After project completion, park operations and maintenance costs are projected to increase by $350,000 which is anticipated to be offset by an increase in revenue in the equivalent amount. The Department of Parks and Recreation will explore the best options for operations and maintenance of this park.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the Addendum to the Final Environmental Impact Report (EIR) for the Sweetwater Regional Park Master Plan Log No. 87-18-11 on file in the Department of Public Works has been completed in compliance with California Environmental Quality Act (CEQA) and State and County CEQA Guidelines, that the decision- making body has reviewed and considered the information contained in the Environmental Impact Report and Addendum prior to approving the project, and that the Addendum reflects the independent judgment and analysis of the Board of Supervisors and;

2. Find that the currently proposed actions are within the scope of the Environmental Impact Report; that there are no substantial 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 Environmental Impact Report, nor a substantial increase in the severity of previously identified significant effects; and that no new information of substantial importance has become available since the Environmental Impact Report was prepared.

3. Authorize the Director of the Department of Purchasing and Contracting to take any action authorized by Section 401 et seq. of the Administration Code, with respect to contracting for the Sweetwater Summit Campground Expansion Project (Phase I).

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 13. SUBJECT: AUTHORIZATION TO BID AND AWARD CONSTRUCTION CONTRACT FOR THE LINDO LAKE BOATHOUSE REHABILITATION PROJECT (DISTRICT: 2)

OVERVIEW: The Lindo Lake boathouse, located in the Lindo Lake County Park at 9841 Vine St., 7/23/08 23 Lakeside (Thomas Guide 1232, B-3), is presumed to have been constructed in 1887 at the same time as the construction of the Lakeside Inn. On May 16, 2006 (21) and again on May 15, 2007 (18), the Board of Supervisors authorized project funding to rehabilitate the boathouse.

The project goal is to rehabilitate the Lindo Lake boathouse to allow for expanded public use while also preserving historically significant aspects of the structure.

This request is to authorize the Director of the Department of Purchasing and Contracting to advertise and award a construction contract estimated at $165,000, including contingency. If approved, construction is expected to start in Fall 2008 with project completion anticipated in the Spring of 2009.

FISCAL IMPACT: Funds for this request are budgeted in the Fiscal Years 2008-2010 Operational Plan. The funding sources for the boathouse rehabilitation project are existing budgeted Proposition 12 Roberti-Z’berg-Harris grant ($150,000) and General Funds grant match ($64,286) in Capital Project 1009269 - Lindo Lake Boathouse Restoration. If approved, these actions will result in the award of a construction contract estimated at $165,000 including contingency. Remaining funds of $49,286 will be used for related project costs including the Historical Structures Report, engineering and inspection services, project administration and the bid process. No additional staff years are required as a result of this action.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the Lindo Lake Boathouse Restoration project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15331 because the project will rehabilitate a historical resource in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historical Properties (1995).

2. 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 contracting for the rehabilitation of the Lindo Lake boathouse.

7/23/08 24 14. SUBJECT: AUTHORIZATION TO BID AND AWARD A CONSTRUCTION CONTRACT FOR THE HILTON HEAD PARK SATELLITE BASED IRRIGATION CONTROL SYSTEM (DISTRICT: 2)

OVERVIEW: Hilton Head Park is a 10-acre park located at 16005 Hilton Head Road in the unincorporated community of Rancho San Diego (Thomas Guide Page 1272, B-5). Installation of a satellite based irrigation control system will conserve water by regulating and auditing irrigation water usage at five local parks within the Rancho San Diego area including Hilton Head, Steele Canyon, Woodhaven, Lonnie Brewer and Cottonwood. The requested action will authorize the Director of the Department of Purchasing and Contracting to bid and award a construction contract estimated at $100,000, including contingency. If approved, work is expected to begin in Fall 2008 and be completed by Spring 2009.

FISCAL IMPACT: Funds for this request are not budgeted in the Fiscal Year 2008-2009 Operational Plan for Capital Project 1012343 – Hilton Head Park Satellite Based Irrigation Control System project. The funding source is an appropriations transfer from Capital Project 1010406 – Hilton Head Phase II Improvements. If approved, this action will result in the award of construction contracts estimated at $100,000 including contingency, for the installation of a central satellite based irrigation controlled system at Hilton Head Park for Steele Canyon, Woodhaven, Lonnie Brewer and Cottonwood parks. Upon project completion, operations and maintenance will be provided by the Department of Parks and Recreation and funded by County Service Area 26 and Landscape Maintenance District Zone No. 1 – Rancho San Diego. No additional staff years are required as a result of this action.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the proposed Hilton Head Park Satellite Based Irrigation Control System is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 because the project involves minor alterations to an existing public facility with no expansion to the facility. 2. Transfer appropriations of $100,000 within the Capital Outlay Fund from Capital Project 1010406 – Hilton Head Phase II Improvements to Capital Project 1012343 – Hilton Head Park Satellite Based Irrigation Control System, to provide funds for the installation of an irrigation system. 3. 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 contracting for the Hilton Head Park Satellite Based Irrigation Control System. 7/23/08 25 ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 15. SUBJECT: SET HEARING FOR 9/17/08: POTRERO – ACQUISITION OF 93.79 ACRES (GAVIN) FOR INCLUSION IN MASON WILDLIFE PRESERVE (DISTRICT: 2)

OVERVIEW: County staff has identified 93.79 acres of land, consisting of two separate, contiguous, legal parcels, adjacent to Mason Wildlife Preserve available for purchase. The land is located south of Highway 94 in the unincorporated community of Potrero. The proposed acquisitions will more than double the size of the existing 90.60-acre preserve and provide needed access to Mason Wildlife Preserve via Harris Ranch Road for management and eventual opening to the public once a management plan is completed (anticipated to be Fiscal Year 2012-2013). Prior to burning in the October 2007 wildfires, the parcels contained a majority of northern mixed chaparral habitat, coast live oak woodland and chamise chaparral. The parcels are located within the future East County Multiple Species Conservation Program planning area (Thomas Guide, page 429, L-10).

This is a request to set a hearing for September 17, 2008 to consider approving the purchase of Assessor’s Parcel Number 653-120-27 from Chester Gavin III, et al, for the appraised value of $395,000, and Assessor’s Parcel Number 653-120-28, from Chester Gavin III and Angelina Gavin, for the appraised value of $130,000.

FISCAL IMPACT: Should the Board approve the purchase of the two properties on September 17, 2008; funds for the purchases, in the amount of $525,000 will be provided by existing budgeted funds available in Capital Project 1000012 – MSCP Acquisitions. If approved, there will be a current year cost of $629,500, including $525,000 for the property acquisition, plus $3,000 for title and escrow fees and $8,500 for staff costs to complete the transaction, and $93,000 for one-time stewardship activities such as installing fencing, gates and signage. The Fiscal Years 2008-2010 Operational Plan includes funding for the ongoing costs related to operation and maintenance of the preserve. Ongoing Multiple Species Conservation Program (MSCP) stewardship and monitoring costs for this property are estimated at $14,000 per year. Although continued acquisition of property for the MSCP program will eventually create the need for additional oversight staff, no additional staffing will be required as a result of this purchase.

7/23/08 26 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER At the July 23, 2008 hearing: 1. Find, in accordance with Article 19, Section 15325 of the California Environmental Quality Act (CEQA) Guidelines, that the purchase of Assessor’s Parcel Numbers 653-120-27 and 28 are categorically exempt from the provisions of the CEQA as it involves the transfer of ownership of land to preserve open space and natural habitat.

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 September 17, 2008, at which time the Board of Supervisors may approve the purchase of Assessor’s Parcel Number 653-120-27 from Gavin, et al, for the appraised value of $395,000, and Assessor’s Parcel Number, 653-120-28, from Chester Gavin III and Angelina Gavin, for the appraised value of $130,000.

At the September 17, 2008 hearing and after public testimony, consider: 4. Finding, in accordance with Section 15325 of the California Environmental Quality Act (CEQA) Guidelines, that the purchase of Assessor’s Parcel Numbers 653-120-27 and 28 are categorically exempt from the provisions of the guidelines, as it involves the transfer of ownership of land to preserve open space and natural habitat.

5. Approving the Real Property Contract for the purchase of Assessor Parcel Number 653-120-27 from Chester Gavin III, Angelina Gavin, Cornelius Neal, Delia Neal, Epifanio Mora, Leticia Mora, Javier Silva, Dolores Silva, Antonio Anthony and Elsa Anthony, for the appraised value of $395,000, and direct the Clerk of the Board of Supervisors to execute two originals of the contract.

6. Approving the Real Property Contract for the purchase of Assessor Parcel Number 653-120-28 from Chester Gavin III and Angelina Gavin for the appraised value of $130,000, and direct the Clerk of the Board of Supervisors to execute two originals of the contract.

7. Authorizing the Director of the Department of General Services, or designee, to execute all escrow and related documents necessary to complete the purchase of Assessor Parcel Numbers 653-120-27 and 28.

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, setting Hearing for September 17, 2008 at 9:00 a.m.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 16. SUBJECT: ADVERTISE AND AWARD CONTRACT FOR 7/23/08 27 CONSTRUCTION OF FORMER ALPINE II BURN DUMP MITIGATION PROJECT (DISTRICT: 2)

OVERVIEW: Department of Public Works has determined it is necessary to construct permanent mitigation measures for the Former Alpine II Burn Dump located about 400 feet southeasterly of Chocolate Summit Drive in the vicinity of Alpine (Thomas Guide page 1233, F3). The project consists of consolidating burn debris and covering it with soil to minimize exposure to potential health hazards associated with the site.

This is a request to establish additional appropriations of $100,000 in the Department of Public Works Inactive Waste Program for the Former Alpine II Burn Dump Mitigation project based on fund balance available in the Inactive Waste Site Management Fund; and authorize the Director, Department of Purchasing and Contracting, to advertise and award a construction contract to the lowest responsible bidder for the Former Alpine II Burn Dump Mitigation. The construction is tentatively scheduled to commence in November 2008 and be completed in February 2009.

FISCAL IMPACT: Partial funding of $750,000 for this request is included in the Fiscal Year 2008-09 Department of Public Works Inactive Waste Program Budget. Funding sources are the Inactive Waste Site Management Fund ($475,104) and grant revenue from the California Integrated Waste Management Board ($274,896). This request will establish additional appropriations of $100,000 for the Former Alpine II Burn Dump Mitigation project from available fund balance in the Inactive Waste Site Management Fund for a total construction cost of $850,000 including contingency. If approved, this action will result in Fiscal Year 2008-09 construction cost of $850,000, no annual cost, and will require no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Establish additional appropriations of $100,000 in the Department of Public Works Inactive Waste Program for the Former Alpine II Burn Dump Mitigation project based on fund balance available in the Inactive Waste Site Management Fund. (4 VOTES) 2. Authorize the Director, Department of Purchasing and Contracting, to take any action authorized by Section 401, et seq., of the Administrative Code with respect to contracting for subject public works project. 3. Designate the Director, Department of Public Works, as County Officer responsible for administering the construction contract, in accordance with Board Policy F-41, Public Works Construction Projects.

7/23/08 28 ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 17. SUBJECT: AUTHORIZATION TO BID AND AWARD A CONSTRUCTION CONTRACT FOR THE SPRING VALLEY COMMUNITY CENTER EXPANSION PROJECT (DISTRICT: 2)

OVERVIEW: The Spring Valley Community Center, located at 8735 Jamacha Boulevard in the unincorporated community of Spring Valley (Thomas Guide Page 1291, A-3 and A-4), offers a variety of recreation, education, and enrichment services that reflect the needs of the Spring Valley community. Youth services such as a preschool, computer access and education are in high demand and the existing facilities are not adequate to meet the needs of this community. In order to address these concerns, the Department of Parks and Recreation obtained the services of a professional architectural firm to prepare construction plans to expand and remodel the Spring Valley Community Center.

The requested action will authorize the Director of the Department of Purchasing and Contracting to advertise to bid and award a construction contract estimated at $1,350,000, including contingency, for construction of the proposed project. Remaining project funds will be used for design, construction management, material testing and project administration. If approved, work is expected to begin in Fall 2008 and be completed in Fall 2009.

FISCAL IMPACT: Funds for this request in the amount of $1,350,000 are included in the Fiscal Years 2008- 10 Operational Plan. The funding sources are Proposition 40 Murray-Hayden ($1,007,000), and General Fund ($795,000). If this request is approved, upon completion of the project, the Department of Parks and Recreation (DPR) intends to enter into an agreement with a California Community Care-approved provider to operate a licensed preschool at this facility. The proposed preschool facility is anticipated to accommodate 40 students. If DPR were to operate and maintain the completed facility, the net cost is estimated to be approximately $20,000 annually and would require two additional full-time positions. However, DPR intends to enter into an agreement with an approved provider to operate a licensed preschool at this facility. The agreement would generate an estimated $25,000 in annual revenue which will offset the estimated increase in annual operations and maintenance costs related to the expansion of the Spring Valley Community Center. This request will require no additional staff years.

7/23/08 29 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find in accordance with Section 15303 of the California Environmental Quality Act (CEQA) Guidelines that the proposed Spring Valley Community Center Expansion Project is exempt from CEQA because the project involves the new construction of a small structure and the remodel of an existing structure.

2. Authorize the Director, Department of Purchasing and Contracting, to bid and award a construction contract, and to take any action authorized by Section 401 et seq. of the Administrative Code, with respect to contracting for the Spring Valley Community Center Expansion Project 1006572.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 18. SUBJECT: MCCLELLAN-PALOMAR AIRPORT – NEW RESTAURANT GROUND LEASE WITH CARLSBAD LANDINGS, INC. (DISTRICT: 5)

OVERVIEW: McClellan-Palomar Airport, located in Carlsbad, (Thomas Guide page 1127, D3) is a major gateway to and from San Diego’s North County. It provides facilities and services to commercial, corporate and general aviation communities and is home to 331 aircraft.

On April 25, 2007 (5) the Board authorized the advertisement and award of a construction contract for the McClellan-Palomar Airport terminal redevelopment project. This project includes the construction of a restaurant building shell at the terminal location. In December 2007, County Airports issued a Request for Proposals to design and develop the necessary tenant improvements and operate the restaurant. Carlsbad Landings, Inc., a California corporation, was selected as the successful Proposer.

This is a request to approve a new 20-year restaurant ground lease with Carlsbad Landings, Inc., d.b.a. The Landings at Carlsbad. This lease will be percentage rent based, subject to a minimum monthly guaranteed rent. Revenues from leases on airport property are placed into the County’s Airport Enterprise Fund, a fund which is used to operate, maintain, and improve safety and security at County Airports.

FISCAL IMPACT: If approved, this request will result in additional revenue to the Airport Enterprise Fund beginning in the current Fiscal Year. The revenue source is rental payments from the lessee under the terms of the new lease agreement. Total lease revenue for the proposed lease in Fiscal Year 2008-09 is estimated to be $10,000 plus additional percentage rent. Lease revenue in subsequent years is estimated to be $30,000 plus additional percentage 7/23/08 30 rent. The proposed new lease will require no additional staff years.

BUSINESS IMPACT STATEMENT: If the Board approves the proposed ground lease with Carlsbad Landings, Inc., d.b.a. The Landings at Carlsbad, the restaurant is anticipated to generate approximately 5-10 new jobs in the North County area.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the Negative Declaration for the McClellan-Palomar Airport Master Plan, SCH No. 97061054, on file at the Department of Public Works, has been completed in compliance with the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines, that the decision making body has reviewed and considered the information contained therein prior to approving the project; and

Find that there are no changes in the project or in the circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously adopted Negative Declaration, dated September 1997, or a substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since said Negative Declaration was prepared, therefore, no additional environmental review or findings are necessary under Section 15162 of the CEQA Guidelines.

2. Approve and authorize Clerk of the Board to execute, upon receipt, new Restaurant Ground Lease (three copies) with Carlsbad Landings, Inc., a California corporation. (4 VOTES)

3. Waive recommended minimum lengths of time between rental rate adjustments of Board Policy F-51, County Real Property Asset Management, with regard to proposed lease with Carlsbad Landings, Inc., a California corporation.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 19. SUBJECT: ADVERTISE AND AWARD CONTRACT FOR ASPHALT RESURFACING IN BORREGO SPRINGS (DISTRICT: 5)

OVERVIEW: The Department of Public Works is responsible for maintaining nearly 2,000 miles of roads in the unincorporated area of San Diego County. County road crews inspect all County maintained roads and prioritize them for preventive maintenance. Preventive maintenance includes road resurfacing and repairs. Through visual inspection and scientific methods, staff determines which roads require asphalt resurfacing. Asphalt resurfacing restores the structural integrity of the road and reduces future maintenance 7/23/08 31 costs. Resurfacing is specialized in the Borrego Springs area due to temperature extremes that are substantially more damaging to asphalt pavements. For this reason and the remote location, asphalt resurfacing in Borrego Springs is separated from the County’s regular resurfacing projects.

This is a request for approval to advertise and award to the lowest responsible bidder, a contract to resurface various roadway segments in the unincorporated Borrego Springs area (Thomas Guide pages, 1058 and 1098). Total contract cost including contract contingency is $6,350,000.

FISCAL IMPACT: Funding for this request is budgeted in the Department of Public Works Fiscal Year 2008-09 Detailed Work Program. Funding for this project is from Proposition 42 revenue. If approved total current year cost will be $6,350,000. There will be no annual cost and no additional staff years will be required.

RECOMMENDATION: 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. Authorize the Director, Department of Purchasing and Contracting, to take any action authorized by Section 401 et seq. of the Administrative Code with respect to contracting for subject public works project. 3. Designate the Director, Department of Public Works, as the County Officer responsible for administering the construction contract in accordance with Board Policy F-41, Public Works Construction Contracts.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 20. SUBJECT: ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF THE JAMACHA BOULEVARD INTERCONNECT PROJECT IN SPRING VALLEY (DISTRICT: 2)

OVERVIEW: The Congestion Management and Air Quality Improvement Program provides funds for transportation projects that contribute to attainment or maintenance of national air quality standards. The program was authorized under the Federal Transportation Equity Act for the 21st Century and provides federal funds administered by the State of California and

7/23/08 32 the San Diego Association of Governments (SANDAG) for use by local agencies. Department of Public Works staff has identified the Jamacha Boulevard corridor (Thomas Guide Page 1291) as one that will benefit from traffic signal synchronization. Traffic signals will be controlled from a central location, which will reduce idle times, congestion, and air pollution.

On October 27, 2004 (17), the Board of Supervisors accepted Congestion Management and Air Quality Improvement Program grant funds in the amount of $264,000 for the enhancement of the County of San Diego’s traffic signal operations. Construction of the Jamacha Boulevard Interconnect Project was initially dependent on coordination with the schedule of a private development project that is required to widen a portion of Jamacha Boulevard. After several delays by the private development project and continued uncertainty regarding that project’s schedule, a design was developed that avoided the need for coordinating with the private development and the project may now proceed to construction.

This is a request to establish appropriations, approve advertisement and subsequent award to the lowest responsible bidder with the intent to improve the County’s traffic signal system. The project will establish communications and provide for system signal timing updates to 11 signals on Jamacha Boulevard.

FISCAL IMPACT: Funds for this request are not budgeted. Funding is from a Congestion Management and Air Quality Improvement Program grant. If approved this request will result in a $264,000 current year cost, no annual cost and will require no additional staff years.

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

2. Establish appropriations of $264,000 in the Department of Public Works Road Fund, for the Jamacha Boulevard Interconnect Project based on unanticipated revenue from the Congestion Management and Air Quality Improvement Program Grant. (4 VOTES)

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

4. Designate the Director, Department of Public Works, as County Officer responsible 7/23/08 33 for administering the construction contract in accordance with Board Policy F-41, Public Works Construction Contracts.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 21. 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. Six items were on the Committee's May 9, 2008 meeting agenda. The Committee recommends your action on all six items.

FISCAL IMPACT: Funds for this proposal are budgeted in the Department of Public Works Road Fund.

RECOMMENDATION: TRAFFIC ADVISORY COMMITTEE Consider and file report including the following recommendations: District 2 2-A. Grossmont Boulevard from La Mesa City Limit easterly to Fuerte Drive (Thomas Guide page 1271, B-1) LA MESA -- Do not establish additional regulatory controls. 2-B. Julian Avenue and Channel Road (Thomas Guide page 1232, A-4) LAKESIDE -- Do not establish an all-way stop control.

District 5 5-A. La Bajada and La Noria (Thomas Guide page 1168, A-2) RANCHO SANTA FE -- Do not establish any additional regulatory controls. Identify feasible measures to improve the present operating conditions. 5-B1. Mission Road, west side, from the north line of Laurine Lane northerly 160 feet (Thomas Guide page 1027, F-5) FALLBROOK -- Delete an existing parking prohibition. 5-B2. Mission Road, west side, from the south line of Clemmens Lane southerly 150 feet (Thomas Guide page 1027, F-4) FALLBROOK -- Delete an existing parking prohibition. 7/23/08 34 5-B3. Mission Road, west side, from a point 290 feet south of Clemmens Lane southerly 170 feet (Thomas Guide page 1027, F-5) FALLBROOK -- Delete an existing parking prohibition. 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. 3. Adopt, amend and/or delete the following Resolutions: No. 301 (Items 5-B1, 5-B2 and 5-B3)

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting, adopting the following Resolutions entitled:

Item 5-B1, Resolution No. 08-154, entitled: TRAFFIC RESOLUTION NO. 3117, RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO;

Item 5-B2, Resolution No. 08-155, entitled: TRAFFIC RESOLUTION NO. 3118, RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO; and

Item 5-B3, Resolution No. 08-156, entitled: TRAFFIC RESOLUTION NO. 3119, RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 22. SUBJECT: REVISIONS TO BOARD OF SUPERVISORS POLICY I-63, GENERAL PLAN AMENDMENT AND ZONING GUIDELINES; POD 08-008 (DISTRICTS: ALL)

OVERVIEW: The project proposes revisions to Board Policy I-63, General Plan Amendment and Zoning Guidelines. Board Policy I-63 sets procedures requiring property owners or other interested persons to as present private requests to initiate General Plan Amendments. This is referred to a Plan Amendment Authorization. The proposed revisions of Board Policy I-63 would incorporate time limits as to when initiated Plan Amendment Authorizations expire and when appeals must be filed. The revisions also address the expiration date of already initiated Plan Amendment Authorizations.

7/23/08 35 FISCAL IMPACT: N/A

RECOMMENDATION: PLANNING COMMISSION 1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15061(b)(3) of the State Guidelines for the reasons detailed in the Notice of Exemption dated March 20, 2008, on file with the Department of Planning and Land Use, Project Number POD 08-008 (Attachment B). 2. Adopt revised Board of Supervisors Policy I-63, General Plan Amendment and Zoning Guidelines, as shown on the attached draft policy (Attachment A).

DEPARTMENT OF PLANNING AND LAND USE The Department concurs with the Planning Commission recommendation.

22.1 ACTION: ON MOTION of Supervisor Horn, Seconded by Supervisor Roberts to allow projects to be approved, to continue with the General Plan process, and eliminate the I-63 process.

AYES: Roberts, Horn NOES: Cox, Jacob, Slater-Price (THIS MOTION FAILED FOR LACK OF MAJORITY VOTE).

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

AYES: Cox, Jacob, Slater-Price NOES: Roberts, Horn 23. SUBJECT: PROGRESS REPORT ON THE GENERAL PLAN UPDATE (DISTRICTS: ALL)

OVERVIEW: This report provides a summary of the progress that has been made by the Department of Planning and Land Use on the General Plan Update since September 2007. Additionally, it presents major issues associated with the project that have been identified during the past several months and provides an opportunity for the public and Board of Supervisors to provide comments on the project as it progresses.

FISCAL IMPACT: N/A 7/23/08 36 BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Receive this report.

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board took action as recommended and directed the Chief Administrative Officer to take the following actions:

 With regard to Lawson Valley, work with Mr. White and with District 2 staff to clear up what may be a ministerial mistake, if in fact there is one;  Do not represent hybrid map or the other alternative map to the community as the referral map or the project;  In Descanso, with regard to the Forest Conservation Initiative and the conflict, do not make a change, leave it C-36;  Report on why the Spring Valley and Valley do Oro communities are unhappy;  Ensure that the process is a community based process that includes working with the local planning groups and the community to develop their plans for the future, using a bottom – up approach;  Ensure that there is consideration given to evaporation and precipitation and how that then gets interpreted and the effect on the densities and the land use in the update; and  In Spring Valley, consider the letter presented in which a village residential zone of VR20 maximum in SV1 is proposed (Kenwood Drive and Jamacha Road), and in SV2 ensure conformance with the County Specific Plan;

 Regarding Valley Center, remove the Road 3A SPA from the General Plan Update discussion completely, as it will proceed, if at all, on a separate track as a separate GPA;  Continue to analyze the Road 3A roadway as a part of the general plan and environmental documents without the additional density;  Clearly delineate the additional routes and choices the drivers would have as well as the total load that predicted for the road and the total capacity levels for the roads as discussed by staff during the discussion;  Verify the history going back to the 60’s on road 3A.

7/23/08 37 AYES: Cox, Jacob, Slater-Price, Horn ABSENT: Roberts 24. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: FORMATION OF AN ADVISORY COMMITTEE FOR LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2 – JULIAN (JESS MARTIN PARK) (DISTRICT: 2)

OVERVIEW: On June 25, 2008 (11), the Board of Supervisors introduced Ordinance for further Board Consideration and adoption on July 23, 2008.

On April 9, 2008 (2) the Board of Supervisors was presented with assessment ballot proceeding results for the proposed San Diego County Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park). Based on a majority of ballots received, the Board approved formation of the Landscape Maintenance District. The Chief Administrative Officer was also directed to coordinate formation of an Advisory Committee which would serve as an advisory body for Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park). Members of the Advisory Committee would be nominated by the District Two Supervisor and appointed by the Board.

Today’s action is to approve an ordinance for establishing an Advisory Committee for Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park).

FISCAL IMPACT: A waiver of Board Policy A-74 relating to travel reimbursement for Committee members is requested. The approved annual budget of $100,000 for Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park) is estimated to cover current annual operations and maintenance costs. There is no annual Cost of Living Adjustment (COLA) built into the annual assessment budget. Any reimbursement of travel expenses for Committee members would reduce the County’s ability to operate and maintain the sole District park, Jess Martin Park, at current and future standard levels, therefore the request has been made to waive Board Policy A-74, Citizen Participation in County Boards, Commissions and Committees, with respect to payment to members for travel expenses.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt Ordinance entitled:

AN ORDINANCE ADDING ARTICLE XVI-E TO THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE 7/23/08 38 ADVISORY COMMITTEE FOR LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2 – JULIAN (JESS MARTIN PARK).

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Ordinance No. 9949 (N.S.) entitled: AN ORDINANCE ADDING ARTICLE XVI-E TO THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE JESS MARTIN PARK ADVISORY COMMITTEE.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 25. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: IMPROVING FIRE AND LIFE SAFETY SERVICES IN UNINCORPORATED SAN DIEGO COUNTY ll) (DISTRICTS: ALL)

OVERVIEW: On June 25, 2008 (1), the Board of Supervisors introduced Ordinance for further Board consideration and adoption on July 23, 2008. On January 29, 2008 (14), on the recommendation of Chairman Cox and Vice Chairwoman Jacob, the Board of Supervisors received the Local Agency Formation Commission Phase 1 reorganization proposal and directed the Chief Administrative Officer to evaluate the proposal while taking into consideration the County Fire Enhancement Program and the fire protection services provided by State, local career, and local volunteer fire agencies, and report back to the Board within 120 days with recommendations to strengthen the region’s fire protection system. On March 25, 2008 (1), on the recommendation of Supervisor Horn, the Board directed the Chief Administrative Officer to pinpoint the costs and the recommendations which would be necessary to implement the following items, and to report back within 90 days.

1. Work with the San Diego Forest Safety Task Force to create a risk assessment of vegetative fuels in the unincorporated areas of San Diego County;

2. Explore ways to bring the insurance and workers compensation costs and policies for all the volunteer firefighting agencies in San Diego County under one umbrella;

3. Actively support grant writing on behalf of volunteer firefighting agencies in San Diego County; and,

4. Explore possibilities to create and appoint a County Fire Warden position whose office would act as a liaison amongst local fire marshals, constituents, and land use officials in the unincorporated area of the county.

7/23/08 39 This report includes recommendations in response to these Board directions.

FISCAL IMPACT: Funds for this project are included in the CAO’s Proposed Operational Plan Change Letter for Fiscal Years 2008-09 and 2009-10 in the Department of Planning and Land Use. If approved, this request will result in annual ongoing costs of $6.02 million and the addition of three staff years. The funding source is general purpose revenues. The three additional positions will be in the Fire Services Division and will support additional contracts for fire prevention in the unincorporated areas of the county and provide assistance with contract monitoring.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt Ordinance entitled:

AN ORDINANCE PROVIDING FOR BOARD OF SUPERVISORS APPROVAL OF THE CREATION AND CONTINUED EXISTENCE OF VOLUNTEER FIRE COMPANIES

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Ordinance No. 9950 (N.S.) entitled: AN ORDINANCE PROVIDING FOR BOARD OF SUPERVISORS APPROVAL OF THE CREATION AND CONTINUED EXISTENCE OF VOLUNTEER FIRE COMPANIES.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 26. SUBJECT: CONTINUED NOTICED PUBLIC HEARING: ADOPT RESOLUTIONS OF FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2008-01 (HARMONY GROVE VILLAGE (DISTRICT: 5)

OVERVIEW: New Urban West Inc. (Developer) is in the process of developing Harmony Grove Village, a 468-acre rural community development in Harmony Grove west of the City of Escondido, where Harmony Grove Road meets Country Club Drive (Thomas Guide Page 1129, C-6). On February 7, 2007 (5), your Board approved a Tentative Map for Harmony Grove Village. This is a planned community with a range of residential choices, an equestrian center, trails and parks, as well as some small commercial shops in a town square. On June 25, 2008 (10), your Board adopted a Resolution of Formation for the Harmony Grove Village Community Facilities District 2008-01, which is a financing vehicle used to fund required public infrastructure in new developments. The District includes two improvement areas reflecting construction phasing. Your Board continued adoption of 7/23/08 40 the Resolutions Declaring Election Results to today’s meeting. Public facilities to be constructed and acquired by the County, Rincon del Diablo Water District and the County Flood Control District (collectively, the “Agencies”) will be partially funded with municipal bonds issued by the County on behalf of the Community Facilities District. Once the facilities are accepted by the agencies, the bond proceeds from the financing will be used to reimburse the developer for costs incurred related to the construction of the facilities. The principal and interest payments on the bonds will be payable solely from a special tax levied within the Community Facilities District, there is no General Fund obligation. The costs of maintenance and operations for these public facilities will not be debt-financed, but will be paid directly by the ongoing special tax. The special tax levied through the Community Facilities District will include an annual index to offset increases to maintenance and operation costs. This is a request to adopt Resolutions declaring the election results for Community Facilities District No. 2008-01, Harmony Grove Village. It is estimated that further actions including future bond issuance, will be brought to your Board for consideration some time within the next two years.

FISCAL IMPACT: All costs of establishing this Community Facilities District, the cost of construction and acquisition of facilities, and ongoing administration of the Community Facilities District will be paid through special taxes collected by the Community Facilities District. The Developer has delivered a deposit to cover formation costs which will be reimbursed from bond proceeds. Once the development is completed and infrastructure is in place, the special taxes will cover operations and maintenance for fire services, local parks that are part of the planned community that will be maintained by the County Department of Parks and Recreation, and water quality devices and the additional cost of maintenance associated with specially designed street lights.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt the following Resolutions: 1. Resolution of The Board Of Supervisors of The County of San Diego Declaring Results of Special Mailed-Ballot Election Within Improvement Area No. 1 of community Facilities District No. 2008-01 (Harmony Grove Village), County of San Diego, State of California.

2. Resolution of The Board Of Supervisors of The County of San Diego Declaring Results of Special Mailed-Ballot Election Within Improvement Area No. 2 of community Facilities District No. 2008-01 (Harmony Grove Village), County of San Diego, State of California.

ACTION: 7/23/08 41 ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 08-157, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO DECLARING RESULTS OF SPECIAL MAILED- BALLOT ELECTION WITHIN IMPROVEMENT AREA NO. 1 OF COMMUNITY FACILITIES DISTRICT NO. 2008-01 (HARMONY GROVE VILLAGE), COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, and adopting Resolution No. 08-158, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO DECLARING RESULTS OF SPECIAL MAILED-BALLOT ELECTION WITHIN IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 2008-01 (HARMONY GROVE VILLAGE), COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 27. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES AND COUNTY ADMINISTRATIVE CODE ASSIGNED TO THE LAND USE AND ENVIRONMENT GROUP (DISTRICTS: ALL)

OVERVIEW: On June 25, 2008 (12), the Board of Supervisors introduced Ordinance for further Board Consideration and adoption on July 23, 2008.

On December 8, 1998 (53), the Board of Supervisors approved the current Sunset Review Process based on a seven-year review cycle of the County Administrative Code, Board of Supervisors Policies and County Code of Regulatory Ordinances. Sunset Review items and associated items are presented to the Board in increments for approval as they reach their Sunset dates.

Pursuant to Board Policy A-76, Sunset Review Process, this is a request to approve amendments to San Diego County Administrative Code and Board of Supervisors Policies as described in this item. The Land Use and Environment Group departments are primarily responsible for this sunset review, however some sections of the codes and policies are the responsibility of other Groups.

FISCAL IMPACT: The requested actions will have no current year or annual cost and will not require any additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 7/23/08 42 Adopt Ordinance entitled:

AN ORDINANCE AMENDING PORTIONS OF ARTICLES XII-E AND LIV OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE PESTICIDE TASK FORCE AND SAN DIEGO SOLID WASTE HEARING PANEL AND REPEALING ARTICLES XXXI AND XXXV OF THE ADMINISTRATIVE CODE RELATING TO PUBLIC IMPROVEMENT AND ASSESSEMENT PROCEEDINGS AND THE NOISE CONTROL HEARING BOARD.

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Ordinance No. 9951 (N.S.), entitled: AN ORDINANCE AMENDING ARTICLES XII-E AND LIV OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE PESTICIDE TASK FORCE AND SAN DIEGO SOLID WASTE HEARING PANEL AND REPEALING ARTICLES XXXI AND XXXV OF THE ADMINISTRATIVE CODE RELATING TO PUBLIC IMPROVEMENT AND ASSESSEMENT PROCEEDINGS AND THE NOISE CONTROL HEARING BOARD.

28. SUBJECT: CLOSED SESSION (DISTRICTS: ALL) (CARRYOVER ITEM FROM 07/22/08, AGENDA NO. 24)

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) County of San Diego v. State of California; Court of Appeal, Fourth Appellate District, No. D048743 C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Orlando Valenzuela, et al. v. County of San Diego, et al.; San Diego County Superior Court No. GIC 859567

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

E. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Tri-City Emergency Medical Group v. County of San Diego, et al.; San Diego

7/23/08 43 County Superior Court No. 37-2007-00081042-CU-BC-CTL

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

G. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8) Property: 500 Third Avenue, Chula Vista 91910; 250 E. Main Street, El Cajon, CA 92020; 325 S. Melrose, Vista, CA 92083; 1406 Montecito Road, Ramona, CA 92065; 8950 Clairemont Mesa Blvd., San Diego, CA 92123; 1501-1555 6th Avenue, San Diego, CA 92101; 2851 Meadowlark, San Diego, CA 92123; 220 E. Broadway, San Diego, CA 92101; 330 West Broadway, San Diego, CA 92101; 1409 4th Avenue, San Diego, CA 92101; 5354 Banks Street, Suite C, San Diego CA 92101; Block bounded by Union, B, State and C Streets, San Diego, CA 92101

Negotiating Parties:

County: Harold Tuck, April Heinze

Judicial Council: Ron Overholt, Kim Davis, Clifford Ham, Administrative Office of the Courts, Office of Court Construction and Management

Under Negotiation: Price and Terms

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

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

ACTION: In closed session on Tuesday, July 22, 2008, the Board of Supervisors took the following reportable actions: Item 28A: Automobile insurance subrogation claim of Wawanesa; with four members 7/23/08 44 of the Board present and voting Aye, with District 4 absent, the Board authorized settlement of the claim for $31,499.58;

Item 28B: County of San Diego v. State of California; the County’s lawsuit to compel payment of monies owed to the County of San Diego by the State for providing mandated programs; with four members of the Board present and voting Aye, with District 4 absent, the Board authorized County Counsel to petition the California Supreme Court to grant review of the decision of the court of appeal;

Item 28D: In re Civil Service Commission Appeal of Osper; an administrative proceeding to determine whether proper compensation had been paid to the employee; with four members of the Board present and voting Aye and District 4 absent, the Board authorized an agreement to forego writ proceedings in the Superior Court in return for payment to the employee of $9,810 in back pay and the employee’s agreement not to take action to enforce the Commission’s decision;

Item 28E: Tri-City Emergency Medical Group v. County of San Diego; a case involving a dispute over billings for medical services provided to jail inmates; with four members of the Board present and voting Aye, and District 4 absent, the Board authorized settlement on terms providing payment at 67% of the Group’s full rates for at least the next 3 years, plus cash payment of approximately $41,000; Item 28F: An item involving the initiation of litigation; with four members of the Board present and voting Aye, with District 4 absent, the Board authorized commencement of a lawsuit, the particulars of which will be made available once the action has been formally commenced, as provided in Government Code section 54957.1 (a) (2).

SUBJECT:29. PUBLIC COMMUNICATION

OVERVIEW: Barbara Winton spoke to the Board concerning Homeless Advocacy. Sheila Walson spoke to the Board concerning water for earthquake preparedness. John Van Doorn spoke to the Board concerning Department of Child Support Services. John Gil spoke to the Board concerning Traffic Impact Fees.

ACTION: Heard, referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 5:00 p.m. in memory of Todd Lamar Doxey, Cmdr Earl Schweizer, Ed Hasselmann, Judy Schulenberg, and Roberto DePhilippis.

THOMAS J. PASTUSZKA Clerk of the Board of Supervisors County of San Diego, State of California 7/23/08 45 Consent: Santos Discussion: Hall

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

7/23/08 46