STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING - PLANNING AND LAND USE MATTERS WEDNESDAY, DECEMBER 5, 2007, 9:00 AM Board of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: Meeting was called to order at 9:07 a.m.

PRESENT: Supervisors Ron Roberts, Chairman; Greg Cox, Vice Chairman; Dianne Jacob; Pam Slater-Price and Bill Horn; also Thomas J. Pastuszka, Clerk.

Approval of Statement of Proceedings/Minutes for the Meetings of November 7, 2007; August 1, 2007, Housing Authority; September 26, 2007, Air Pollution Control Board; September 26, 2007, Flood Control District; September 26, 2007, Redevelopment Agency; and October 24, 2007, Sanitation District.

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meetings of November 7, 2007; August 1, 2007, Housing Authority; September 26, 2007, Air Pollution Control Board; September 26, 2007, Flood Control District; September 26, 2007, Redevelopment Agency; and October 24, 2007, Sanitation District.

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

Board of Supervisors’ Agenda Items

1. NOTICED PUBLIC HEARING: MAILED BALLOT PROCEEDING RESULTS AND FORMATION HEARING FOR PROPOSED SAN DIEGO COUNTY LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2 – JULIAN (JESS MARTIN PARK)

2. NOTICED PUBLIC HEARING: PURCHASE OF AN OPEN SPACE EASEMENT OVER 180 ACRES OF VACANT LAND ON EAGLE PEAK ROAD IN JULIAN (THE SAN DIEGO RIVER PARK FOUNDATION, INC.)

3. NOTICED PUBLIC HEARING: TO VACATE AN IRREVOCABLE OFFER TO DEDICATE RIGHT OF WAY ADJACENT TO CLEMMENS LANE, FALLBROOK (VACATION NO. 2007-0142)

12/5/07 1 4. NOTICED PUBLIC HEARING: AMENDMENTS TO THE OTAY RANCH SUBREGIONAL PLAN AND PHASES 1 AND 2 RESOURCE MANAGEMENT PLANS; GENERAL PLAN AMENDMENT 06- 012; OTAY SUBREGIONAL PLANNING AREA

5. NOTICED PUBLIC HEARING: ZONING ORDINANCE AMENDMENT TO ALLOW BOUTIQUE WINERIES AS AN ALLOWED USE; POD 07-001

6. QUEEN OF ANGELS; APPEAL OF MAJOR USE PERMIT MODIFICATION P83- 054W1, ALPINE COMMUNITY PLANNING AREA

7. APPROVE AND AUTHORIZE REQUEST FOR USE OF 1.34 ACRES OF THE COUNTY’S 5% COASTAL SAGE SCRUB LOSS ALLOTMENT BY THE CITY OF SAN MARCOS, 0.72 ACRES AND 2.9 ACRES BY THE CITY OF SANTEE [FUNDING SOURCE(S): THE CITY OF SAN MARCOS AND THE CITY OF SANTEE] (4 VOTES)

8. SET HEARING FOR 1/9/08: RAMONA - PURCHASE OF 950-ACRE EAGLE RANCH PROPERTY, DONATION OF 229-ACRE OAK COUNTRY PROPERTY AND EXECUTION OF A SUBGRANT AGREEMENT WITH WILDLIFE CONSERVATION BOARD [FUNDING SOURCE(S): GENERAL FUND BUDGETED IN CAPITAL PROJECT 1000012 – MSCP ACQUISITIONS] (4 VOTES)

9. SET HEARING FOR 1/9/08: ENCINITAS – ACQUISITION OF 55.18 ACRES (LJCS, LLC) ON VAL SERENO DRIVE FOR OPEN SPACE

10. FIRESTORM RECOVERY RATIFICATION OF EMERGENCY GUARD RAIL AND CULVERT CONTRACTS [FUNDING SOURCE(S): AVAILABLE ROAD FUND FUND BALANCE] (4 VOTES)

11. ADVERTISE AND AWARD CONTRACT FOR ASPHALT RESURFACING & CULVERT REPLACEMENT ON VARIOUS COUNTY ROADS [FUNDING SOURCE(S): PROPOSITION 1B REVENUE AND ROAD FUND FUND BALANCE] (4 VOTES)

12/5/07 2 12. SET HEARING FOR 1/9/08: RESOLUTION OF INTENTION TO VACATE A PORTION OF SUNNYSIDE AVENUE, EL CAJON AREA (VACATION NO. 2006-0143) [FUNDING SOURCE(S): THE DEPARTMENT OF PUBLIC WORKS ROAD FUND]

13. ESTABLISH APPROPRIATIONS OF UNANTICIPATED RECYCLING GRANT REVENUE [FUNDING SOURCE(S): UNANTICIPATED REVENUE FROM GRANTS RECEIVED FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION MULTIFAMILY BEVERAGE CONTAINER RECYCLING GRANT PROGRAM, CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FARM AND RANCH CLEANUP PROJECT, AND CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD USED OIL RESEARCH, TESTING AND DEMONSTRATION GRANT PROGRAM] (4 VOTES)

14. PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – LESSARD REORGANIZATION AND DETACHMENT FROM VISTA IRRIGATION DISTRICT

15. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

16. ADMINISTRATIVE ITEM: COUNTY OF SAN DIEGO TRACT NO. 5412-1: APPROVAL OF FINAL MAP AND JOINT SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN LAKESIDE COMMUNITY PLAN AREA

17. CLOSED SESSION (CARRYOVER ITEM FROM 12/04/07, AGENDA NO. 22)

18. PUBLIC COMMUNICATION

12/5/07 3 1. SUBJECT: NOTICED PUBLIC HEARING: MAILED BALLOT PROCEEDING RESULTS AND FORMATION HEARING FOR PROPOSED SAN DIEGO COUNTY LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2 – JULIAN (JESS MARTIN PARK) (DISTRICT: 2)

OVERVIEW: On September 19, 2007 (4), the Board of Supervisors authorized a mailed ballot proceeding to owners of parcels within the proposed San Diego County Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park). Thomas Guide Page 1136, C7.

Today’s hearing will provide the public an opportunity to comment on the proposed formation of the Landscape Maintenance District for Jess Martin Park. Upon the close of the hearing, representatives of an independent engineering firm will tabulate the results of the mailed ballot proceeding. The Landscaping and Lighting Act of 1972 and Article XIIID of the State Constitution establish procedures under which these districts are formed. The proposed district can only be formed if a weighted majority of the ballots returned approve formation. Included in this action is a request to continue the public meeting until December 12, 2007, to allow for ballot tabulation. If the weighted majority of ballots submitted support district formation and the Board of Supervisors authorize the new district, the December 12, 2007 requested action will adopt a resolution to establish the San Diego County Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park) for Fiscal Year 2008-2009. The assessment may be continued annually based on a majority vote of the Board of Supervisors.

FISCAL IMPACT: Funding for this proposal is included in the Department of Parks and Recreation’s Fiscal Year 2007-2008 Operational Plan. The remaining current year cost for the consultant of approximately $5,000 to implement the process for Landscape Maintenance District formation is encumbered in a contract and will be paid upon completion of services.

If the ballot measure passes and is adopted by the Board of Supervisors, there will be future fiscal year costs of $100,000 related to operations and maintenance of Jess Martin Park. Approximately 90% or $90,000 of the budget will be covered by benefit fees to be paid by property owners within the district boundaries, which represents the special benefit portion to the property owners within the proposed district. The County would be required to cover 10% or $10,000 of the proposed maintenance budget which represents the percentage of general benefit to the public for Jess Martin Park. Operations and maintenance will be provided by Department of Parks and Recreation with 90% of the costs reimbursed by the Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park), hereinafter referred to as “District.” These funds will be budgeted in the Department of Parks and Recreation Proposed Fiscal Year 2008-2010 Operational Plan which will fund the one full time position at the level of Park Maintenance Worker to operate and maintain this park. It should be noted that the County owns property within the District boundaries and will therefore be paying its share of the District assessment fees if the ballot measure passes and is adopted by the Board of Supervisors. These

12/5/07 1 anticipated costs would be paid by the department owning each assessed parcel. The recommended assessment district does not include indexing for future cost increases including inflation.

If the ballot measure is not approved, the District will not be formed. If Jess Martin Park does not remain open for public use, the County of San Diego may be required to repay certain grant funds that funded park improvements and will incur additional costs if required to return the land to its natural state.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 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. Conduct a public hearing to receive ballots and public comment for the San Diego County Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park), on file with the Clerk of the Board of Supervisors. Rule on any challenges made at the public hearing as to the validity of any ballots.

3. After the conclusion of the public hearing, direct representatives of David Tausig & Associates, Inc. to tabulate all valid ballots received.

4. Continue the public meeting on this matter until December 12, 2007 to allow for final action based on ballot tabulation.

On December 12, 2007, the following recommendations will be considered:

5. Accept and confirm the ballot tabulation results of the proposed San Diego County Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park).

If the San Diego County Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park) passes:

6. Adopt the resolution entitled:

Resolution of the San Diego County Board of Supervisors Approving Engineer’s Report, Confirming Diagram and Assessment, and Ordering Levy of the San Diego County Landscape Maintenance District Zone No. 2 – Julian (Jess Martin Park) for Fiscal Year 2008-2009. (Attachment A)

12/5/07 2 ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board closed the Hearing and took action as recommended continuing the public meeting to December 12, 2007 at 9:00 a.m.

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

2. SUBJECT: NOTICED PUBLIC HEARING: PURCHASE OF AN OPEN SPACE EASEMENT OVER 180 ACRES OF VACANT LAND ON EAGLE PEAK ROAD IN JULIAN (THE SAN DIEGO RIVER PARK FOUNDATION, INC.) (DISTRICT: 2)

OVERVIEW: On November 7, 2007 (6), the Board of Supervisors took action as recommended, on Consent, setting Hearing for December 5, 2007 at 9:00 a.m.

The San Diego River Park Foundation, Inc. has executed a purchase agreement with Tomicich Trust and Back Country Properties, Inc. for the acquisition of 180 acres on Eagle Peak Road in Julian (Thomas Guide page 1175, G-3). The purchase price for the property is $648,000, based on an independent fee appraisal.

Acquisition of the property is a critical element in a larger effort by the San Diego River Park Foundation and its partners to establish the Eagle Peak Preserve, a wildlife preserve and recreational area of more than 550 acres of land. To date, more than 300 acres have been acquired. The Preserve will serve as an anchor for the regional San Diego River Park which is being established.

Funding in the amount of $528,000 for the purchase of the property is being provided to The San Diego River Park Foundation by a State of California Resources Agency grant. The remaining $120,000 required for the purchase is being requested in this action and, if approved, will be provided by funds budgeted for MSCP Acquisitions. The Board is requested to set a hearing for December 5, 2007, to consider approving the purchase of an open space easement over 180 acres on Eagle Peak Road in Julian, identified as Assessor’s Parcel Numbers 290-090-25, 27, and 28, for the appraised value of $120,000 (Recommendations 1 and 2). At the December 5, 2007 hearing, after public testimony, the request is to consider approving the purchase of this open space easement (Recommendations 3 through 5).

FISCAL IMPACT: Should the Board approve the purchase of the open space easement for $120,000, funds for the purchase and related costs of approximately $9,250 will be provided by existing budgeted funds available in Capital Project 1000012 – MSCP Acquisitions. The current year cost of this proposal is $129,250, including costs related to the purchase ($120,000 for the purchase of the open space easement, $2,750 for title insurance and escrow costs,

12/5/07 3 and $6,500 for staff costs to complete the purchase). The San Diego River Park Foundation will manage the property; therefore the Department of Parks and Recreation will not incur any costs related to land management or operation activities of the open space easement. No additional staff years are required for this proposal.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, in accordance with Section 15325 of the California Environmental Quality Act (CEQpiA) Guidelines, that the purchase of an open space easement over Assessor’s Parcel Numbers 290-090-25, 27, and 28 is categorically exempt from the provisions of the guidelines as it involves the transfer of an ownership interest of land to preserve open space and natural habitat.

2. Approve the Purchase and Sale Agreement and Joint Escrow Instructions (Agreement) for the purchase of an open space easement over Assessor’s Parcel Numbers 290-090-25, 27, and 28 from The San Diego River Park Foundation for $120,000), and directing 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.

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

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

3. SUBJECT: NOTICED PUBLIC HEARING: TO VACATE AN IRREVOCABLE OFFER TO DEDICATE RIGHT OF WAY ADJACENT TO CLEMMENS LANE, FALLBROOK (VACATION NO. 2007-0142) (DISTRICT: 5)

OVERVIEW: On October 24, 2007 (21), the Board of Supervisors took action as recommended, on Consent, setting Hearing for December 5, 2007 at 9:00 a.m.

This is a request to set a public hearing to vacate an Irrevocable Offer to Dedicate six feet of additional right of way on Clemmens Lane in Fallbrook adjacent to Assessor Parcel 104-342-10. The applicant, Walgreen Corporation/Evergreen Devco Incorporated, is developing the northwest corner of Clemmens Lane and Mission Road. The Department of Public Works has determined the additional right of way is unnecessary for roadway purposes. Approval of this vacation will remove the encumbrance from this commercial site (Thomas Guide page 1027, F-4).

12/5/07 4 This is a request to set a hearing for December 5, 2007, and direct the Clerk of the Board to provide public notice of the hearing (Recommendations 1 and 2). At the hearing on December 5, 2007, after public testimony, the Board of Supervisors will be asked to consider adopting a resolution to vacate an Irrevocable Offer to Dedicate right of way adjacent to Clemmens Lane in Fallbrook (Recommendations 3-5).

FISCAL IMPACT: The applicant will pay the County’s cost to process the requested vacation. The estimated cost is $2,500 which the applicant has placed on deposit with the County.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, in accordance with Article 19, Section 15305 of the California Environmental Quality Act (CEQA), that the project is categorically exempt from the provisions of CEQA, as it involves a minor alteration in land use limitations.

2. Adopt a Resolution entitled Resolution of the Board of Supervisors of San Diego County to Vacate an Irrevocable Offer to Dedicate Right Of Way Adjacent to Clemmens Lane, Fallbrook.

3. Direct the Clerk of the Board to record the Resolution pursuant to Streets and Highways Code Section 8325.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 07-239, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY TO VACATE AN IRREVOCABLE OFFER TO DEDICATE RIGHT OF WAY ADJACENT TO CLEMMENS LANE, FALLBROOK.

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

4. SUBJECT: NOTICED PUBLIC HEARING: AMENDMENTS TO THE OTAY RANCH SUBREGIONAL PLAN AND PHASES 1 AND 2 RESOURCE MANAGEMENT PLANS; GENERAL PLAN AMENDMENT 06-012; OTAY SUBREGIONAL PLANNING AREA (DISTRICTS: 1 & 2)

OVERVIEW: The Otay Project LLP, also known as the Otay Ranch Company, proposes to amend several policy documents associated with the development of Otay Ranch. The Otay Ranch Company requests that the Board adopt Resolutions to approve amendments to these documents to accomplish the following actions: (1) Eliminate the Preserve Conveyance Plan; and (2) Eliminate the Coastal Sage Scrub Restoration Requirement.

Th

12/5/07 5 e proposed elimination of the Preserve Conveyance Plan is intended to allow for greater flexibility in the timing and sequence of Preserve land dedication based on significant changes in the planning context for this area. The changed conditions and circumstances since the adoption of the Otay Ranch Subregional Plan and Phases 1 and 2 Resource Management Plans include: fragmentation of Otay Ranch ownership, changes to the status of the Preserve Conveyance Plan, acknowledgment that the entire Preserve is considered habitat of high biological value, adoption by the Board of the Multiple Species Conservation Program in 1997, and the purchase of Otay Ranch development and preserve lands by third parties for permanent conservation purposes.

The proposed elimination of the Coastal Sage Scrub Restoration Requirement is administrative in nature and reflects adjustments made to Otay Ranch development patterns due to adoption of the County’s Multiple Species Conservation Program Subarea Plan. Removing the Coastal Sage Scrub Restoration Requirement from the Otay Ranch Subregional Plan and Phase 1 Resource Management Plan will bring these documents into consistency with the Multiple Species Conservation Program Subarea Plan.

FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Review and consider information contained within the Otay Ranch Final Program Environmental Impact Report dated December 1992, on file with the Department of Planning and Land Use as Environmental Review Number ER 90-19-002F.

2. Review and consider information contained within the Multiple Species Conservation Program Joint Environmental Impact Report/Environmental Impact Statement dated January 1997 on file with the Department of Planning and Land Use as Environmental Review Number ER 90-19-002F.

3. Adopt the Environmental Review Update Checklist Form for Projects with a Previously Approved Environmental Document which includes California Environmental Quality Act Guidelines Sections 15162, 15163, and 15164 Findings for Determining the Appropriate Environmental Documentation to be completed when there is a previously certified Environmental Impact Report dated September 19, 2007 on file with the Department of Planning and Land Use as Environmental Review Number ER 90-19-002F.

4. Adopt the attached Resolution approving General Plan Amendment 06-012 amending Volume 2 of the Otay Ranch Subregional Plan by eliminating the Preserve Conveyance Plan and the Coastal Sage Scrub Restoration Requirement.

5. Adopt the attached Resolution approving General Plan Amendment 06-012 amending Phase 1 Resource Management Plan by eliminating the Preserve Conveyance Plan and the Coastal Sage Scrub Restoration Requirement.

12/5/07 6 6. Adopt the attached Resolution approving Amendment 06-012 amending Phase 2 Resource Management Plan by eliminating the Preserve Conveyance Plan.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 07-240, entitled: A RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ADOPTING GENERAL PLAN AMENDMENT (GPA 06- 012) AMENDMENT TO VOLUME 2 OF THE OTAY RANCH SUBREGIONAL PLAN BY ELIMINATING THE PRESERVE CONVEYANCE PLAN AND THE COASTAL SAGE SCRUB RESTORATION REQUIREMENT; Resolution No. 07-241, entitled: A RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ADOPTING GENERAL PLAN AMENDMENT (GPA 06-012) AMENDMENT TO THE OTAY RANCH PHASE 1 RESOURCE MANAGEMENT PLAN BY ELIMINATING THE PRESERVE CONVEYANCE AND THE COASTAL SAGE SCRUB RESTORATION REQUIREMENT, and Resolution No. 07-242, entitled: A RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ADOPTING GENERAL PLAN AMENDMENT (GPA 06-012) AMENDMENT TO THE OTAY RANCH PHASE 2 RESOURCE MANAGEMENT PLAN BY ELIMINATING THE PRESERVE CONVEYANCE PLAN.

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

5. SUBJECT: NOTICED PUBLIC HEARING: ZONING ORDINANCE AMENDMENT TO ALLOW BOUTIQUE WINERIES AS AN ALLOWED USE; POD 07-001 (DISTRICTS: ALL)

OVERVIEW: On February 28, 2007 (4), the Board of Supervisors considered a number of options for the future regulation of wineries and directed the Chief Administrative Officer to return to the Board with the following: 1) An amendment to the Zoning Ordinance to add Boutique Wineries as an allowed use in the A70 Limited Agriculture and the A72 General Agriculture Use Regulations; 2) Review and amend the Transportation Impact Fee Ordinance to accommodate Boutique Wineries; and, 3) Review and consider the Ramona Valley Winery Association’s proposal to develop a series of options to regulate wineries based on product output. This letter responds to the three directives given by the Board of Supervisors.

FISCAL IMPACT: N/A

12/5/07 7 RECOMMENDATION: PLANNING COMMISSION 1. That the Board of Supervisors direct staff to complete additional work to address Boutique Wineries on private roads, including issues related to increased traffic, gates and liability, and to allow Boutique Wineries by right for properties located on public roads.

2. Direct staff to return to the Planning Commission within 60 days with the noted revisions to the Boutique Wineries Ordinance for further consideration and recommendation.

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

5.1 ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors closed the Hearing and directed the Chief Administrative Officer to amend the draft Ordinance to include a solution to the private road problem, requiring a Road Maintenance Agreement or Administrative Permit based on number of parcels; address any liability issues involved; and return to the Board of Supervisors in 120 days with necessary documentation including any necessary environmental documentation and findings that would allow the boutique wineries by right for properties located on public roads.

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

5.2 ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board of Supervisors directed the Chief Administrative Officer to return to the Board with a preliminary look at establishing Viticulture Zones in the County of San Diego.

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

6. SUBJECT: QUEEN OF ANGELS; APPEAL OF MAJOR USE PERMIT MODIFICATION P83-054W1, ALPINE COMMUNITY PLANNING AREA (DISTRICT: 2)

OVERVIEW: This is an appeal of the approval granted by the Planning Commission on September 21, 2007.

This is a request for a Major Use Permit Modification to allow for an expansion of the existing facilities for the Queen of Angels Church in Alpine. This project proposes the addition of a new 740 seat, 16,120 square-foot church, 7,300 square-foot administrative building, 22,000 square-foot hall, 227 parking spaces, and two additional entrances. The

12/5/07 8 modification would result in a total of 45,420 square feet of new floor area creating a facility totaling 51,000 square feet. The applicant is also requesting an exception to the height limit for the proposed steeple dome and cross, from 35 feet to 75 feet. The 8.67- acre parcel is located at 2569 West Victoria Drive within the Alpine Community Planning area. The General Plan Land Use Designation is (1) Residential and the Use Regulation is A70 (Limited Agricultural). Thomas Brothers Guide: 1234, B4.

FISCAL IMPACT: N/A

RECOMMENDATION: PLANNING COMMISSION Grant Major Use Permit Modification P83-054W1 that makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Zoning Ordinance and State Law.

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

ACTION: Noting for the record that an Errata sheet has been submitted and that the appellant has withdrawn the appeal ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent.

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

7. SUBJECT: APPROVE AND AUTHORIZE REQUEST FOR USE OF 1.34 ACRES OF THE COUNTY’S 5% COASTAL SAGE SCRUB LOSS ALLOTMENT BY THE CITY OF SAN MARCOS, 0.72 ACRES AND 2.9 ACRES BY THE CITY OF SANTEE (DISTRICTS: 2 & 5)

OVERVIEW: In 1993, the federal government listed the California Gnatcatcher as threatened and required project proponents obtain a Federal Endangered Species Act Section 10(a) (16 U.S.C. §1539) or Section 7 Permit before any Coastal Sage Scrub could be cleared. Under the State of California Natural Community Conservation Planning program, in conjunction with the 4(d) rule of the Federal Endangered Species Act, a loss of up to 5% of Coastal Sage Scrub is allowed provided the jurisdiction in which the take is occurring is enrolled in actively developing a Natural Communities Conservation Plan, such as the County’s Multiple Species Conservation Program.

Board Policy I-122, Use of the County’s 5% Allowable Loss of Coastal Sage Scrub by Other Jurisdictions, establishes procedures for other jurisdictions, such as those participating in the Multiple Habitat Conservation Program, to request use of a portion of the County’s 5% Coastal Sage Scrub loss allotment, including requirements under which requests can be granted, and compensation options.

12/5/07 9 This is a recommendation that the Board of Supervisors approve and authorize: 1) a request by the City of San Marcos for the Miller Project to use 1.34 acres (Thomas Guide 1128, J4) and 2) a request by the City of Santee for the Lantern Crest Project to use 0.72 acres (Thomas Guide 1231, F7) and 3) a request by the City of Santee for the Mission View Estates to use 2.9 acres (Thomas Guide 1230, H7) for a combined total of 4.96 acres of the County’s 5% Coastal Sage Scrub loss allotment in accordance with Board Policy I-122. Compensation will be $40,200, $21,600 and $87,000, respectively ($30,000 per acre), to the County of San Diego for acquisition of open space lands and related activities. Priority will be given to the purchase of open space lands in the same Supervisory District as the impact, in accordance with Board Policy I-122.

FISCAL IMPACT: Funds for these requests are not budgeted in the Capital Outlay Fund. The funding sources are the City of San Marcos and the City of Santee. If approved, these requests will result in current year costs and revenue of $148,800 ($40,200 for the Miller Project, $21,600 for the Lantern Crest Project and $87,000 for the Mission View Estates Project), bringing total appropriations in the Capital Projects 1005337 and 1011758 to $300,450 to be used for future acquisitions in Supervisory District 5 ($40,200) and Supervisory District 2 ($108,600). The proposed action will require the addition of no staff years and will have no direct fiscal impact on the County General Fund. A sum of $15,000 ($5,000 for each project) was deposited with the County upon submittal of these requests to offset the County staff costs associated with this request.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find in accordance with Section 15307 of the California Environmental Quality Act Guidelines, that the requested action is exempt from the California Environmental Quality Act, and will not result in a serious or major disturbance to an environmental resource as it assures the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment.

2. Approve and authorize the use of 1.34 acres of the County’s 5% Coastal Sage Scrub loss allotment by the City of San Marcos for the Miller Project conditioned upon payment of $40,200 to the County of San Diego for purchase of open space in District 5.

3. Approve and authorize the use of 0.72 acres of the County’s 5% Coastal Sage Scrub loss allotment by the City of Santee for the Lantern Crest Project conditioned upon payment of $21,600 to the County of San Diego for purchase of open space in District 2.

4. Approve and authorize the use of 2.9 acres of the County’s 5% Coastal Sage Scrub loss allotment by the City of Santee for the Mission View Estates Project conditioned upon payment of $87,000 to the County of San Diego for purchase of open space in District 2.

12/5/07 10 5. Establish appropriations of $40,200 in the Capital Outlay Fund for Capital Project 1005337, I-122 Loss Allotment - District 5 Acquisitions, based on unanticipated revenue from the City of San Marcos. (4 VOTES)

6. Establish appropriations of $108,600 in the Capital Outlay Fund for Capital Project 1011758, I-122 Loss Allotment - District 2 Acquisitions, based on unanticipated revenue from the City of Santee. (4 VOTES)

7. Approve and authorize the Director of Planning and Land Use to notify the City of San Marcos, and the Wildlife Agencies (U.S. Fish and Wildlife Service and the California Department of Fish and Game) that 1.34 acres of Coastal Sage Scrub habitat will be deducted from the County’s 5% Coastal Sage Scrub habitat loss allotment conditioned upon payment of $40,200 to the County of San Diego for acquisition and related activities for purchase of open space in Supervisory District 5.

ACTION: Deleting Recommendation 7 at the request of the Chief Administrative Officer, ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent.

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

8. SUBJECT: SET HEARING FOR 1/9/08: RAMONA - PURCHASE OF 950-ACRE EAGLE RANCH PROPERTY, DONATION OF 229-ACRE OAK COUNTRY PROPERTY AND EXECUTION OF A SUBGRANT AGREEMENT WITH WILDLIFE CONSERVATION BOARD (DISTRICT: 2)

OVERVIEW: On November 1, 2000 (13), the Board directed the Chief Administrative Officer to work with The Grasslands Preservation Project to seek potential funding for acquisition of grasslands in Ramona, within the Multiple Species Conservation Program North County planning area. Since that time, the County has partnered with several nonprofit agencies, has applied for and received various State and federal grants, and completed acquisition of 460 acres of land in the Ramona grasslands area.

In past years, The Nature Conservancy acquired the 950-acre Eagle Ranch property and the 229-acre Oak Country property from private ownerships. These properties are located near the Ramona Airport, east of Rangeland Road, adjacent to other grassland properties previously acquired by the County (Thomas Guide page 1151-J6, 1152-A6). The Board is requested to initiate actions that, if approved, will result in the purchase of the Eagle Ranch property and the donation of the Oak Country property to become part of the Ramona Grasslands Preserve.

12/5/07 11 This request is to accept and appropriate a $4,750,000 grant from the State of California Wildlife Conservation Board for the purchase of the Eagle Ranch property. This is also a request to set a hearing for January 9, 2008 (Recommendations 1 through 4). At the January 9, 2008 hearing, the Board will be asked to consider, after hearing public testimony, purchasing the Eagle Ranch property for the appraised value of $6,650,000 and accepting donation of the Oak Country property from The Nature Conservancy (Recommendations 5 through 7).

FISCAL IMPACT: If approved, this request will result in one-time current year cost of $6,650,000 for the land purchase. Funding for this request in the amount of $1,900,000 is included in the Fiscal Year 2007-2008 Operational Plan. The funding source is General Fund budgeted in Capital Project 1000012 – MSCP Acquisitions. The balance of the funding will be provided by Wildlife Conservation Board grant funds in the amount of $4,750,000. In addition, budgeted funds in the Capital Project of $64,000 are available for related costs, including $6,500 for title insurance and escrow costs, $7,500 for staff costs to complete the purchase, and one-time stewardship costs of $50,000 for signage, upgrades to existing structures, and well testing. The requested action will result in a total current year cost of $6,714,000.

In addition, there will be a total annual cost of $13,855 for Fixed Charge Assessments on both properties, including water standby fees and vector control charges, which will be paid from the Department of Parks and Recreation’s Annual Operational Plan. Ongoing costs associated with the proposed acquisition will be absorbed by the Department of Parks and Recreation for the current fiscal year. The Department of Parks and Recreation will seek funding in the Fiscal Year 2008-2009 Operational Plan budget process for ongoing costs related to operation and maintenance of the preserve.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER At the December 5, 2007 hearing: 1. Direct the Clerk of the Board to publish the required Notice of Intention to Purchase the Eagle Ranch property in accordance with Government Code Sections 25350 and 6063. 2. Authorize the Department of Parks and Recreation Director to execute Subgrant Agreement SG-7004PD with the State of California Wildlife Conservation Board, and authorize the County to accept the $4,750,000 grant from the Wildlife Conservation Board to be used for the purchase of the Eagle Ranch property. 3. Establish appropriations of $4,750,000 in the Capital Outlay Fund for Capital Project 1000012 – MSCP Acquisitions, based on awarded Wildlife Conservation Board grant funds. (4 VOTES) 4. Set a hearing for January 9, 2008, at which time the Board of Supervisors may approve the purchase of the 950-acre Eagle Ranch property from The Nature Conservancy for the appraised value of $6,650,000, and accept the donation of the 229-acre Oak Country property from The Nature Conservancy.

12/5/07 12 At the January 9, 2008 hearing, and after public testimony, consider: 5. Finding, in accordance with Section 15325 of the California Environmental Quality Act (CEQA) Guidelines, that the County’s purchase of the Eagle Ranch property and acceptance of the donation of the Oak Country property are categorically exempt from CEQA as these transactions involve the transfer of ownership of land to preserve open space and natural habitat. 6. Approving the Purchase/Sale and Donation Agreement and Joint Escrow Instructions Agreement (Agreement) for the purchase of the Eagle Ranch property (Assessor’s Parcel Numbers 279-010-04, 279-010-05, 280-010-01, 280-010-04, 281-010-09, 281-010-10, 281-010-16, 281-010-17, 281-521-04, and 281-521-10) from The Nature Conservancy for the appraised value of $6,650,000, authorize acceptance of the donation of the Oak Country property (Assessor’s Parcel Numbers 277-050-31, 277-111-53, and 277-121-14) from The Nature Conservancy, and direct the Clerk of the Board of Supervisors to execute two originals of the Agreement. 7. Authorizing the Department of General Services Director, or designee, to execute all escrow and related documents, including acceptance of a conservation easement, necessary to complete the transaction.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent; setting Hearing for January 9, 2008, 9:00 a.m.

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

9. SUBJECT: SET HEARING FOR 1/9/08: ENCINITAS – ACQUISITION OF 55.18 ACRES (LJCS, LLC) ON VAL SERENO DRIVE FOR OPEN SPACE (DISTRICT: 3)

OVERVIEW: Staff has identified 55.18 acres of vacant land in the City of Encinitas which is available to purchase for open space preservation. The property is located north of El Camino Del Norte and west of Val Sereno Drive (Thomas Guide, Page 1148-B6) and is within the floodplain of Escondido Creek. The fair market value of the parcel is $1,360,000, as determined by an independent fee appraiser.

The Board is requested to set a hearing for January 9, 2008 to consider the purchase of the property, identified as Assessor Parcel Number 264-180-18 from LJCS, LLC for the appraised value of $1,360,000. Additional costs of $8,100 for escrow and staff costs and one-time stewardship costs of $50,000 for fencing, gate, signage and flammable vegetation management will also be incurred as part of the acquisition of this property.

12/5/07 13 FISCAL IMPACT: Should the Board approve the purchase of the property for $1,360,000 on January 9, 2008, funds for the purchase and related costs will be provided by existing budgeted funds available in Capital Project – 1000249 - Escondido Creek Acquisition, which has a balance of $1,960,000 based on Equilon settlement funds ($160,000) and one-time County general funds ($1,800,000). The current year cost of this acquisition is $1,418,100, including costs related to the purchase ($1,360,000 for the acquisition, $1,600 for escrow costs, and $6,500 for staff costs to complete the purchase and one-time stewardship costs of $50,000 for fencing, gate, signage and flammable vegetation management). In addition, there will be an annual cost of $142 for Special Tax Assessments that will be paid from the Department of Parks and Recreation annual Operational Plan. Ongoing costs associated with the proposed acquisition will be absorbed by the Department of Parks and Recreation for the current fiscal year. The Department of Parks and Recreation will seek funding in the Fiscal Year 2008-2009 Operational Plan budget process for ongoing costs related to operation and maintenance of the preserve.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER At the December 5, 2007 hearing: 1. Direct the Clerk of the Board to publish the required Notice of Intention to Purchase in accordance with Government Code Sections 25350 and 6063.

2. Set this matter for January 9, 2008, at which time the Board of Supervisors may approve the purchase of Assessor’s Parcel Number 264-180-18 from LJCS, LLC for the appraised value of $1,360,000.

At the January 9, 2008 hearing, and after public testimony, consider: 3. Finding, in accordance with Section 15325 of the California Environmental Quality Act (CEQA) Guidelines, that the purchase of Assessor’s Parcel Number 264-180-18 is categorically exempt from the provisions of the CEQA as it involves the transfer of ownership of land to preserve open space and natural habitat.

4. Approving the Real Property Contract for the purchase of Assessor’s Parcel Number 264-180-18 from LJCS, LLC for the appraised value of $1,360,000, and directing the Clerk of the Board of Supervisors to execute two originals of the contract.

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

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent; setting Hearing for January 9, 2008, 9:00 a.m.

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

12/5/07 14 10. SUBJECT: FIRESTORM RECOVERY RATIFICATION OF EMERGENCY GUARD RAIL AND CULVERT CONTRACTS (DISTRICTS: 2, 3 & 5)

OVERVIEW: The 2007 San Diego fires burned approximately 369,000 acres and destroyed over 3,000 structures. In an effort to protect public safety and health of motorists on County roads, approximately 17,000 linear feet of damaged guardrails and at least five drainage culverts had to be replaced under public exigency. Damaged guardrails are being replaced under three new emergency contracts and the damaged culverts will be replaced under an existing culvert replacement contract.

This report updates your Board on the status of the guardrail and culvert repair work, and ratifies the actions necessary for accomplishing this effort.

FISCAL IMPACT: The funds for this request are not budgeted in the Department of Public Works Road Fund. If approved the total cost of this request will be $2,270,000. The funding source is available Road Fund fund balance. There will be no annual cost and no additional staff years are necessary.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Pursuant to Section 402 of the County Administrative Code, ratify the public exigency request of October 30, 2007 from the Department of Public Works for post- fire guardrail and culvert replacement contracts in the amount of $2,270,000.

2. Pursuant to Public Contract Code Sections 20395 and 22050(c)(2), find that there is a need to continue the replacement of guardrails and culverts damaged or destroyed as a result of Firestorm 2007 on an emergency basis without giving notice for bids to let a contract, and delegate authority to the Director of Public Works and the Director of Purchasing and Contracting to take such action.

3. Establish appropriations of $2,270,000 in the Department of Public Works Road Fund for post-fire guardrail ($2,000,000) and culvert ($270,000) replacement contracts based on fund balance available. (4 VOTES)

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

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

12/5/07 15 11. SUBJECT: ADVERTISE AND AWARD CONTRACT FOR ASPHALT RESURFACING & CULVERT REPLACEMENT ON VARIOUS COUNTY ROADS (DISTRICTS: 1, 2, & 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 the repair of road defects, resurfacing of the County-maintained paved roads, and replacement of storm drain pipes on roads scheduled for resurfacing. Through visual inspection and scientific methods, staff determines which roads require asphalt resurfacing and replacement of storm drain pipes. Asphalt resurfacing restores the structural integrity of the road and reduces future maintenance costs. Storm drain pipe replacement ensures that storm drain systems are adequate to manage runoff during storm events. Adequate storm drain systems protect against sudden failure of the roadway and reduce future maintenance costs and repairs.

This is a request for approval to advertise and award to the lowest responsible bidder, a contract to resurface various roadway segments and replace storm drain pipes in north, south and east county of the unincorporated area of San Diego County. Total contract cost is approximately $23,047,821, and includes $1,000,000 in contract contingency. This item also includes adoption of a Resolution authorizing the submittal of the list of County Local Streets and Roads Projects that the County intends to construct with funding from Proposition 1B funds.

FISCAL IMPACT: Funding for this request is partially budgeted in the Department of Public Works Fiscal Year 2007-08 Detailed Work Program in the amount of $15,056,425. This request will establish additional appropriations of $7,991,396. Funding sources for this request are Proposition 1B revenue in the amount of $22,047,821 and Road Fund fund balance available of $1,000,000. If approved the total current year cost will be $23,047,821, no annual cost and will require no additional staff years. There will be no impact to the General Fund.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the 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 $7,991,396 in the Department of Public Works Road Fund for asphalt resurfacing and culvert replacement contracts based on unanticipated revenue from Proposition 1B ($6,991,396) and fund balance available ($1,000,000). (4 VOTES)

12/5/07 16 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 subject public works project.

4. 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.

5. Adopt a Resolution titled Resolution of the County of San Diego Board of Supervisors Authorizing Submittal of the County’s Local Streets and Roads Projects Using funding from Proposition 1B.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 07-243 entitled: A RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS AUTHORIZING SUBMITTAL OF THE COUNTY'S LOCAL STREET AND ROADS PROJECTS USING FUNDING FROM PROPOSITION 1B.

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

12. SUBJECT: SET HEARING FOR 1/9/08: RESOLUTION OF INTENTION TO VACATE A PORTION OF SUNNYSIDE AVENUE, EL CAJON AREA (VACATION NO. 2006-0143) (DISTRICT: 2)

OVERVIEW: This is a request to adopt a Resolution of Intention to Vacate the public interest in a portion of Sunnyside Avenue in the El Cajon area. Approximately 550 feet in length, the segment proposed for vacation lies between Valley View Boulevard and Euclid Avenue and is adjacent to Assessor Parcels numbered 512-052-06, 12, 13, 20, and 24. (Thomas Guide page 1252, D-5).

This is a request to set a hearing for January 9, 2008, and direct the Clerk of the Board to provide public notice of the hearing (Recommendations 1, 2 and 3). At the hearing on January 9, 2008, after public testimony, the Board of Supervisors will be asked to consider adopting a resolution to vacate a portion of Sunnyside Avenue road easement (Recommendations 4, 5 and 6).

FISCAL IMPACT: The cost of this action is $2,500 current year cost and no annual cost. The funding source is the Department of Public Works Road Fund.

12/5/07 17 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Adopt the Resolution of Intention to Vacate a portion of Sunnyside Avenue, in the El Cajon area.

2. Set a public hearing for January 9, 2008 at 9:00 a.m. to consider vacating a portion of a road easement.

3. Direct the Clerk of the Board to provide notice of the hearing on the proposed vacation in the manner required by the Public Streets, Highways, and Service Easements Vacation Law, California Streets and Highways Code §§ 8300-8363.

At the hearing on January 9, 2008 and after public testimony, consider: 4. Finding the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15060 (c) (2) of the State CEQA Guidelines because the project involves the vacation of a right of way easement that has not been developed for roadway purposes and is not needed for access to adjacent parcels, and will result in no physical change in the environment.

5. Adopting a Resolution entitled Resolution of the Board of Supervisors of San Diego County to Vacate a Portion of Sunnyside Avenue Road Easement, El Cajon Area.

6. Directing the Clerk of the Board to record this Resolution pursuant to Streets and Highways Code Section 8325.

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 07-244, entitled: RESOLUTION OF INTENTION TO VACATE STREET, HIGHWAY OR PUBLIC SERVICE EASEMENT; and setting Hearing for January 9, 2008, 9:00 a.m.

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

13. SUBJECT: ESTABLISH APPROPRIATIONS OF UNANTICIPATED RECYCLING GRANT REVENUE (DISTRICTS: ALL)

OVERVIEW: On May 15, 2002 (6), the Board directed the Chief Administrative Officer to continue to seek grant funding to provide assistance in all manners feasible to encourage individuals and to provide incentives for startup recycling facilities.

To support this directive, the Department of Public Works has applied for and been awarded several grants to increase recycling. The authority to apply for and accept these grants is included under the Previous Relevant Board Actions listed in this letter. Most recently, three grants were awarded. This is a request to establish Fiscal Year 2007-08

12/5/07 18 appropriations of $192,501 based on unanticipated recycling grant revenue from the following sources:

 California Department of Conservation Multifamily Beverage Container Recycling Grant Program ($126,000 total grant award over two years, $63,979 to be spent in FY 2007-08)  California Integrated Waste Management Board Farm and Ranch Solid Waste Cleanup and Abatement Grant Program ($20,628 total grant award over three years, $20,628 to be spent in FY 2007-08)  California Integrated Waste Management Board Used Oil Research, Testing and Demonstration Grant Program ($273,894 total grant award over three years, $107,894 to be spent in FY 2007-08)

FISCAL IMPACT: Funds for these proposals are not budgeted in the FY 2007-08 Operational Plan. If approved, this request will result in $192,501 cost and revenue in FY 2007-08. Funding sources are unanticipated revenue from grants received from the California Department of Conservation Multifamily Beverage Container Recycling Grant Program ($63,979 in FY 2007-08 with a total grant award of $126,000 over two years), California Integrated Waste Management Board Farm and Ranch Cleanup Project ($20,628 in FY 2007-08 with a total grant award of $20,628 over three years), and California Integrated Waste Management Board Used Oil Research, Testing and Demonstration Grant Program ($107,894 in FY 2007-08 with a total grant award of $273,894 over three years), equaling total revenues of $420,522. No additional staff years are required and there will be no impact to the General Fund.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines.

2. Establish appropriations of $63,979 in Department of Public Works for the Multifamily Beverage Container Recycling Project based on unanticipated revenue from a grant accepted from the California Department of Conservation Multifamily Beverage Container Recycling Grant Program. (4 VOTES)

3. Establish appropriations of $20,628 in Department of Public Works for the Farm and Ranch Cleanup Project based on unanticipated revenue from a grant accepted from the California Integrated Waste Management Board Farm and Ranch Solid Waste Cleanup and Abatement Grant Program. (4 VOTES)

4. Establish appropriations of $107,894 in Department of Public Works for the Used Oil Recycling Research, Testing and Demonstration Project based on unanticipated revenue from a grant accepted from the California Integrated Waste Management Board Used Oil Research, Testing and Demonstration Grant Program. (4 VOTES)

12/5/07 19 5. Authorize the Director, Department of Purchasing and Contracting, to take any action authorized by Section 401, et seq. of the San Diego County Administrative Code.

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

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

14. SUBJECT: PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – LESSARD REORGANIZATION AND DETACHMENT FROM VISTA IRRIGATION DISTRICT (DISTRICT: 5)

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

This proposal involves the annexation of one parcel that totals approximately .85 acre into Vallecitos Water District with concurrent detachment from Vista Irrigation District.

The project is located north of Cox Road, east of Sycamore Drive, south of Olive Street, and west of Marilyn Lane (Thomas Guide Page 1109,A2) (Attachment A).

FISCAL IMPACT: If approved, this proposal will result in a $25/year shift in property tax revenue from the Vista Irrigation District to the Vallecitos Water District. There will be no impact to the County General Fund.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt the Resolution entitled: Resolution Regarding Negotiated Property Tax Exchange Relative To Jurisdictional Changes

ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 07-245 entitled: RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES.

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

12/5/07 20 15. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (DISTRICTS: ALL)

OVERVIEW: On November 7, 2007 (14), the Board of Supervisors introduced Ordinances for further Board consideration and adoption on December 5, 2007.

The Traffic Advisory Committee meets every six weeks to review proposed changes or additions to regulatory controls. Seven items were on the Committee’s September 14, 2007 meeting agenda. The Committee recommends your action on all seven items.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt Ordinances entitled: AN ORDINANCE AMENDING SECTION 72.101. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO AN ORDINANCE AMENDING SECTION 72.107. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO AN ORDINANCE AMENDING SECTION 72.115. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO AN ORDINANCE AMENDING SECTION 72.123. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO AN ORDINANCE AMENDING SECTION 72.124. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO AN ORDINANCE AMENDING SECTION 72.126. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO AN ORDINANCE AMENDING SECTION 72.130. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO AN ORDINANCE AMENDING SECTION 72.210. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

12/5/07 21 ORDINANCES ADDING SECTION 72.128. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO ORDINANCES ADDING SECTION 72.128.1. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

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

Item C: Ordinance No. 9900 (N.S.) entitled: AN ORDINANCE AMENDING SECTION 72.101. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO;

Item C: Ordinance No. 9901 (N.S.) entitled: AN ORDINANCE AMENDING SECTION 72.107. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO;

Item C: Ordinance No. 9902 (N.S.) entitled: AN ORDINANCE AMENDING SECTION 72.115. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO;

Item A: Ordinance No. 9903 (N.S.) entitled: AN ORDINANCE AMENDING SECTION 72.123. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO;

Item C: Ordinance No. 9904 (N.S.) entitled: AN ORDINANCE AMENDING SECTION 72.124. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO;

Item B: Ordinance No. 9905 (N.S.) entitled: AN ORDINANCE AMENDING SECTION 72.126. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO;

Item C: Ordinance No. 9906 (N.S.) entitled: AN ORDINANCE AMENDING SECTION 72.130. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO;

Item C: Ordinance No. 9907 (N.S.) entitled: AN ORDINANCE AMENDING SECTION 72.210. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO;

Item C: Ordinance No. 9908 (N.S.) entitled: AN ORDINANCE ADDING SECTION 72.128. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO, and

12/5/07 22 Item C: Ordinance No. 9909 (N.S.) entitled: AN ORDINANCE ADDING SECTION 72.128.1. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO.

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

16. SUBJECT: ADMINISTRATIVE ITEM: COUNTY OF SAN DIEGO TRACT NO. 5412-1: APPROVAL OF FINAL MAP AND JOINT SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN LAKESIDE COMMUNITY PLAN AREA (DISTRICT: 2)

OVERVIEW: This project is a subdivision consisting of 7 single-family residential lots and a total of 3.26 acres. It is located in Lakeside on the easterly side of First Street at the intersection with Greta Street (Thomas Guide page 1251, H-2).

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

FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Approve this map and accept on behalf of the public, subject to improvements, Greta Hill Court and a portion of First Street (SC 1869) for use as streets, together with the right to extend and maintain drainage facilities, excavation and embankment slopes beyond the limits of the right of way as dedicated on said map.

2. Accept the access rights from Lot 1 in and to First Street (SC 1869) as relinquished and waived on said map.

3. Accept the noise protection easement over all of Lots 1 through 3 inclusive and 7 as granted on said map.

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

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

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

12/5/07 23 SUBJECT:17. CLOSED SESSION (DISTRICTS: ALL) (CARRYOVER ITEM FROM 12/04/07, AGENDA NO. 22)

OVERVIEW: A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) Morris Elmore v. San Diego County Sheriff’s Department, et al; San Diego County Superior Court No. GIC 862524

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) Leslie Thompson, et al. v. David J. Smith, M.D., et al.; San Diego County Superior Court No. GIC 857580

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

D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) County of San Diego v. Anshen + Allen, et al.; San Diego County Superior Court No. 37-2007-00067961-CU-CD-CTL

E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) Suzanne Torres v. County of San Diego, et al.; San Diego County Superior Court Case No. GIC 878690

F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) Sharp Healthcare, et al. v. County of San Diego, et al.; Fourth Appellate District, Division One, No. D048986

ACTION: In Closed Session on Wednesday, December 4, 2007, the Board of Supervisors took the following reportable actions:

Item 17C: By vote of all 5 members of the Board present and voting “Aye”, authorized County Counsel to initiate an action, the defendants and other particulars of which shall be disclosed once the action has been formally commenced, in the manner set forth at Government Code Section 54957.1(a)(2).

12/5/07 24 SUBJECT:18. PUBLIC COMMUNICATION

OVERVIEW: Michael Thometz spoke to the Board concerning Web Access to Board of Supervisors meetings.

ACTION: Heard, referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 11:07 a.m. in memory of Matthew Shelvlin, Daniel Riley, and Maxine Rindone.

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

Consent: Vizcarra 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.

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