County of San Diego Board of Supervisors s23

STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING - PLANNING AND LAND USE MATTERS WEDNESDAY, JUNE 13, 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 9:03 a.m.

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

Approval of Statement of Proceedings/Minutes for the Meetings of May 16, 2007 and May 23, 2007.

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 May 16, 2007 and May 23, 2007.

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

Board of Supervisors’ Agenda Items

1. NOTICED PUBLIC HEARING: GENERAL PLAN AMENDMENT (GPA) 06-005; REMOVAL OF BULLARD LANE FROM CIRCULATION ELEMENT

2. NOTICED PUBLIC HEARING: ALAMERI – AMEZCUA ZONE RECLASSIFICATION; R05-018, SPRING VALLEY COMMUNITY PLAN AREA

3. SET HEARING FOR 7/25/2007 FALLBROOK – ACQUISITION OF 47.2 ACRES FROM THE TRUST FOR PUBLIC LAND FOR INCLUSION IN THE SANTA MARGARITA PRESERVE [FUNDING SOURCE(S): GENERAL PURPOSE REVENUE BUDGETED IN CAPITAL PROJECT 1000012 – MSCP/OPEN SPACE ACQUISITIONS]

4. APPROVE FRISBIE STREET CLOSURE TO SOUTHBOUND THROUGH TRAFFIC TO IMPLEMENT THE COMMUNITY-REQUESTED TRAFFIC CALMING PLAN

5. MCCLELLAN-PALOMAR AIRPORT – NEW AVIATION LEASES WITH CIVIC HELICOPTERS, INC AND BVP ASSOCIATES, LLC [FUNDING SOURCE(S): RENTAL PAYMENT FROM LESSEES UNDER TERMS OF THE AMENDED LEASE AGREEMENTS] (4 VOTES)

6/13/07 1 6. ADOPT A RESOLUTION TO SUMMARILY VACATE IRREVOCABLE OFFERS TO DEDICATE SLOPE AND DRAINAGE EASEMENTS, VIA AMBIENTE, SAN DIEGUITO PLANNING AREA (VACATION NO. 2006-0328)

7. AUTHORIZE MEMORANDUM OF AGREEMENT WITH UNITED STATES ARMY CORPS OF ENGINEERS FOR ESTABLISHMENT OF POSITION EXCLUSIVELY FOR COUNTY PROJECTS [FUNDING SOURCE(S): ROAD FUND]

8. SECOND AMENDMENT TO COOPERATIVE AGREEMENT WITH CALTRANS FOR STATE ROUTE 54/94 IMPROVEMENT PROJECT IN RANCHO SAN DIEGO

9. RAMONA AIRPORT – FIRST AMENDMENT TO AVIATION LEASE WITH CRUISEAIR AVIATION, INC. [FUNDING SOURCE(S): RENTAL PAYMENT FROM LESSEE UNDER TERMS OF THE AMENDED LEASE AGREEMENT] (4 VOTES)

10. RAMONA AIRPORT – SECOND AMENDMENT TO AVIATION LEASE WITH CHARLES AND EVELYN HALL TRUST DOING BUSINESS AS CHUCK HALL AVIATION [FUNDING SOURCE(S): RENTAL PAYMENT FROM LESSEE UNDER TERMS OF THE AMENDED LEASE AGREEMENT] (4 VOTES)

11. RAMONA AIRPORT – FIRST AMENDMENT TO AVIATION LEASE WITH MACKENZIE AVIATION, INC. DOING BUSINESS AS PACIFIC EXECUTIVE AVIATION [FUNDING SOURCE(S): RENTAL PAYMENT FROM LESSEE UNDER TERMS OF THE AMENDED LEASE AGREEMENT] (4 VOTES)

12. SET HEARING FOR 7/25/2007 TO CONFIRM ASSESSMENTS IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT

13. ADMINISTRATIVE ITEM: COUNTY OF SAN DIEGO TRACT NO. 5272-1: APPROVAL OF FINAL MAP AND JOINT SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN VALLEY CENTER COMMUNITY PLAN AREA

14. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: FORMATION OF CAMPO WATER AND SEWER MAINTENANCE DISTRICT

15. ADMINISTRATIVE ITEM:

6/13/07 2 ORDINANCES AMENDING THE COUNTY FIRE AND BUILDING CODES AND RATIFYING A CONSOLIDATED FIRE CODE FOR THE LOCAL FIRE PROTECTION DISTRICTS

16. CLOSED SESSION (CARRYOVER ITEM FROM 6/12/07, AGENDA NO. 18)

6/13/07 3 1. SUBJECT: NOTICED PUBLIC HEARING: GENERAL PLAN AMENDMENT (GPA) 06-005; REMOVAL OF BULLARD LANE FROM CIRCULATION ELEMENT (DISTRICT: 2)

OVERVIEW: The project is the removal of the proposed right-of-way alignment for SC 1950, Bullard Lane, from the Circulation Element of the County General Plan. The alignment runs from its northern intersection at the Interstate Highway 8 to its southern link with Bridle Run to Harbison Canyon Road. The area in which the alignment is located includes a major wildlife linkage within the County Multiple Species Conservation Plan. In the interest of avoiding potentially significant impacts to biological resources, the alignment is proposed to be removed from the Circulation Element. The road is not currently constructed within this alignment. (Thomas Guide, Page 1233/D3-E6)

FISCAL IMPACT: N/A

RECOMMENDATION: PLANNING COMMISSION 1. Find that the proposed project complies with the California Environmental Quality Act (CEQA) and State and County CEQA Guidelines because the project has completed a Negative Declaration dated January 25, 2007 on file with the Department of Planning and Land Use as GPA 06-005 (Attachment C).

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

A Resolution of the San Diego County Board of Supervisors Adopting General Plan Amendment (GPA 06-005)

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

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 07-124 entitled: A RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ADOPTING GENERAL PLAN AMENDMENT (GPA 06-005).

6/13/07 1 2. SUBJECT: NOTICED PUBLIC HEARING: ALAMERI – AMEZCUA ZONE RECLASSIFICATION; R05-018, SPRING VALLEY COMMUNITY PLAN AREA (DISTRICT: 2)

OVERVIEW: The subject 6,375 square-foot property is located at 9716 Birch Street in the Spring Valley Community Planning area. This is an application for a Zone Reclassification to change the height and story designator of the development regulations from “G” (two stories, 35 feet) to “H” (three stories, 35 feet). The Zone Reclassification is proposed to accommodate an existing habitable space converted from a non-habitable crawl space under an existing two-story, single-family residence. The property is zoned RS7 Single- Family Residential Use Regulations and is designated (6) Residential by the Spring Valley Community Plan.

On April 25, 2007, the Board of Supervisors directed the Chief Administrative Officer to return to the Board within 60 days with the appropriate California Environmental Quality Act (CEQA) findings to approve the Rezone. (Thomas Guide, Page 1291, C/2)

FISCAL IMPACT: N/A

RECOMMENDATION: PLANNING COMMISSION On December 15, 2006, the Planning Commission voted 5-1-0-1 against the adoption of the Zoning Reclassification (Attachment D).

DEPARTMENT OF PLANNING AND LAND USE 1. Find that the proposed project is exempt from the CEQA as specified under Section 15061(b)(3)of the CEQA Guidelines for the reasons detailed in the Notice of Exemption dated May 1, 2007 on file with the Department of Planning and Land Use as R05-018 (Attachment C).

2. Adopt the Form of Ordinance approving Zone Reclassification R05-018.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board closed the Hearing and took action as recommended, on Consent, adopting Ordinance No. 9865 (N.S.) entitled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE SPRING VALLEY COMMUNITY PLANNING AREA REF: R05-018.

6/13/07 2 3. SUBJECT: SET HEARING FOR 7/25/07 FALLBROOK – ACQUISITION OF 47.2 ACRES FROM THE TRUST FOR PUBLIC LAND FOR INCLUSION IN THE SANTA MARGARITA PRESERVE (DISTRICT: 5)

OVERVIEW: The Trust for Public Land, a California nonprofit, public benefit corporation, is offering to sell a 47.2-acre vacant parcel in the Fallbrook area to the County for $390,000. The parcel, identified as Assessor’s Parcel Number 103-010-67, is located south of De Luz Road and west of Sandia Creek Drive. The site adjoins the County’s Santa Margarita Preserve to the south and Camp Pendleton Base to the west. (Thomas Guide, Page 997- F6). The Trust for Public Land has Memorandum of Agreement with the Navy to negotiate options to purchase privately-owned properties located adjacent to the Base. The Navy’s goal is to record restrictive easements which allow uses of the properties which are compatible with Base operations.

The Trust for Public Land has secured an option to purchase the 47.2-acre parcel from its current owner, the Twaddle Family Trust. The current value of the parcel, as determined by an independent fee appraiser, is $780,000. The Navy will pay The Trust for Public Land $390,000 for its purchase of the restrictive easement. The County will pay $390,000, the appraised value of the land once encumbered with a restrictive easement, to purchase fee title from The Trust for Public Land. This transaction will benefit both the Navy and the County as it serves to provide a buffer for Base operations and expands the Santa Margarita Preserve.

Today’s request is to set a hearing for July 25, 2007 to consider approval of the purchase of the parcel from The Trust for Public Land for $390,000. Should the Board approve the purchase, The Trust for Public Land will exercise its option to purchase the property, and enter into an escrow transaction for the sale of a restrictive easement to the Navy and the sale of fee title to the County. Additional costs of $18,160 for title, escrow fees, staff costs, and one-time stewardship costs for fencing, gates, and signage will also be incurred as part of the acquisition of this property.

FISCAL IMPACT: Funds for the purchase of the property and related costs are included in the CAO’s Proposed Operational Plan for Fiscal Year 2007-2008. The funding source is General Purpose Revenue budgeted in Capital Project 1000012 – MSCP/Open Space Acquisitions. The current year cost of $408,160 includes the purchase price of $390,000 and costs related to the purchase, including $2,160 for title insurance and escrow costs, $7,500 for staff costs to process the purchase, and one-time stewardship costs of $8,500 for fencing, gates and signage. In addition, there will be a total annual cost of $1,492 for Fixed Charge Assessments, including water standby fees and vector control charges, which will be paid from the Department of Parks and Recreation’s annual Operational Plan. Operations and maintenance of the Santa Margarita Preserve, including this acquired property, is estimated at $40,000 annually and, is included in the Department’s annual Operational Plan. No additional staff years are required.

6/13/07 3 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER At the June 13, 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 July 25, 2007, at which time the Board of Supervisors will consider approval of the purchase of Assessor’s Parcel Number 103-010-67 from The Trust for Public Land, for the appraised value of $390,000.

At the July 25, 2007 hearing, and after pubic 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 103-010-67 is categorically exempt from CEQA as it involves the transfer of ownership of land to preserve open space and natural habitat.

4. Approving the Purchase and Sale Agreement and Joint Escrow Instructions (Agreement) for the purchase of Assessor’s Parcel Number 103-010-67 from The Trust for Public Land for the appraised value of $390,000, and directing the Clerk of the Board of Supervisors to execute two originals of the Agreement, upon receipt.

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 Jacob, seconded by Supervisor Horn, the Board took action as recommended, on Consent, setting Hearing for July 25, 2007 at 9:00 a.m.

4. SUBJECT: APPROVE FRISBIE STREET CLOSURE TO SOUTHBOUND THROUGH TRAFFIC TO IMPLEMENT THE COMMUNITY- REQUESTED TRAFFIC CALMING PLAN (DISTRICT: 1)

OVERVIEW: Frisbie Street is a north-south road in the Bonita area that connects Bonita Road to Central Avenue (Thomas Guide page 1310, J-1 and J-2). Residents on Frisbie Street and Aleman Place have long been concerned about motorists using it as a short cut and on November 16, 2001, they filed a request to vacate a one-foot strip of County road right of way on Frisbie Street. The vacation would allow them to erect a barrier to close Frisbie Street to through traffic. The applicants obtained the support of the Sweetwater Community Planning Group and Bonita Sunnyside Fire Protection District. Because vacation of a County road requires that the Board make certain findings, the applicants were required to perform a study to evaluate traffic impacts of the proposed road vacation/closure. The study was inconclusive, and local businesses expressed concern

6/13/07 4 their businesses would be affected, which together made vacation infeasible.

On December 1, 2004 (7), the Board approved the San Diego County Traffic Advisory Committee’s recommendation to close Frisbie Street to through traffic for six months to study the effects of such a closure. On February 24, 2005 Frisbie Street was closed to through traffic.

On January 11, 2006 (2), the Board directed the Department of Public Works to work with the community, business owners and the Frisbie/Aleman Neighborhood Alliance to implement a traffic calming plan for Frisbie Street. The plan was to include traffic calming features such as turn prohibitions and speed humps. The temporary barrier was to be left in place while a traffic calming plan was developed and implemented, and until such time as State Route 125 was opened and Sweetwater Road, closed during construction of State Route 125, was reopened.

Public Works staff has worked intently over the past three years with business owners and residents but has been unable to develop consensus on a single traffic calming plan. The plan favored by the community includes partial closure of Frisbie Street to southbound through traffic, south of the Seven Eleven business. Business owners from the Seven Eleven and Bonnie Brae Shopping Center favor a traffic calming plan that does not close the road, but includes speed humps and turn prohibitions.

Section 72.76 of the San Diego County Code requires Board approval for placement of a barrier that would prohibit existing through traffic in one direction on a local County highway. This is a request to implement the community-requested plan that would include a partial closure of Frisbie Street to southbound through traffic.

FISCAL IMPACT: The development and implementation of a traffic calming plan and maintenance of the traffic calming features can be accomplished within the existing Road Fund budget.

BUSINESS IMPACT STATEMENT: During the temporary closure, the owner of the Seven Eleven on the corner of Frisbie Street and Bonita Road claims a loss in business as the result of the temporary closure. During the same period, the Bonnie Brae Shopping Plaza has experienced an increase in traffic cutting through the shopping center, apparently to avoid the traffic signal at Bonita Road and Central Avenue. Also, some of the displaced traffic has been observed driving the wrong way in a one-way alley adjacent to the shopping center.

Business owners favor the traffic calming plan that does not close the road, but includes speed humps and turn prohibitions. They do not favor the recommended plan. The owner of the Seven Eleven believes that his business will continue to be negatively impacted by partial closure. Managers of the Bonnie Brea Shopping Plaza believe it unfair to subject the businesses and their patrons to displaced traffic that may use the Plaza to avoid the intersection of Central Avenue and Bonita Road.

RECOMMENDATION:

6/13/07 5 CHIEF ADMINISTRATIVE OFFICER 1. Find the proposed action exempt from the California Environmental Quality Act (CEQA) review pursuant to Section 15060 (c) and 15304 of CEQA Guidelines.

2. Pursuant to Section 72.76, of the San Diego County Code, approve closure of Frisbie Street to through traffic in the southbound direction and find the partial closure would protect public health and safety.

3. Direct the Chief Administrative Officer to implement traffic calming that includes closure of Frisbie Street to southbound through traffic and prohibits right turns from Central Avenue to Frisbie Street from 6:00 am to 9:00 am Monday through Friday.

ACTION: Adding the following recommendation: Direct the Chief Administrative Officer to implement the traffic calming plan no earlier than 30 days after State Route 125 is opened; ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board took action as recommended.

5. SUBJECT: MCCLELLAN-PALOMAR AIRPORT – NEW AVIATION LEASES WITH CIVIC HELICOPTERS, INC AND BVP ASSOCIATES, LLC (DISTRICT: 5)

OVERVIEW: McClellan-Palomar Airport, located in Carlsbad, is a major gateway to and from San Diego’s North County and is one of the busiest single runway airports in the nation (Thomas Guide page 1127, 3-D). It provides facilities and services to commercial, corporate and general aviation communities and is home to 391 aircraft. The County will soon be constructing the McClellan-Palomar Airport Terminal Development Project. This project includes construction of a new terminal building and federal inspection facility, terminal access roads, terminal apron, vehicle parking lots, automated parking lot control systems, passenger facilities, airport security system, upgraded taxiway, infield drainage, and blast fence.

Civic Helicopters, Inc. and BVP Associates, LLC operate successful aviation businesses at McClellan-Palomar Airport. Each has four years remaining on its lease and would like to continue business at the airport in the future.

The Civic leasehold is located in the path of the planned Palomar Airport Terminal Redevelopment Project. The County, BVP Associates, LLC, and Civic Helicopters, Inc. have come to an agreement in which BVP Associates, LLC will share its existing leasehold with Civic Helicopters, Inc. Both will receive new long term leases to provide business stability while the County moves forward with the Palomar Airport Terminal Redevelopment Project.

6/13/07 6 This is a request to approve new 40-year aviation leases for BVP Associates, LLC, and Civic Helicopters, Inc. Revenues from leases on airport property are placed in the County’s Airport Enterprise Fund, which is used to improve safety and security at County Airports.

FISCAL IMPACT: These leases will result in additional revenue to County’s Airport Enterprise Fund. Funding source for additional revenue is rental payment from lessees under terms of the amended lease agreements. Current year lease revenue is $92,916. If approved, these leases will result in no change in to current fiscal year because they are effective August 1, 2007. The lease agreements will result in $452,083 in revenue in Fiscal Year 2007-08, including a one-time payment totaling $280,970. This is an increase of $359,167 from the current revenue. The leases will result in Fiscal Year 2008-09 revenue of $174,396, plus appropriate Consumer Price Index adjustments for subsequent years. This action will require no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines that proposed leases are categorically exempt from CEQA provisions as they involve continuation of an existing use.

2. Approve and authorize Clerk of the Board to execute, upon receipt: a. three copies of new aviation lease with BVP Associates, LLC. (4 VOTES) b. three copies of new aviation lease with Civic Helicopters, Inc. (4 VOTES) c. three copies of new aviation lease with Civic Helicopters, Inc. for helicopter parking area. (4 VOTES)

3. Approve and authorize Clerk of the Board to accept, upon receipt, three copies of a Quitclaim of Lease from Civic Helicopters, Inc. to the County. (4 VOTES)

4. Waive the competitive procurement requirements of Board Policy F-51, County Real Property Asset Management, with regard to the proposed leases with BVP Associates, LLC and Civic Helicopters, Inc.

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

6. SUBJECT: ADOPT A RESOLUTION TO SUMMARILY VACATE

6/13/07 7 IRREVOCABLE OFFERS TO DEDICATE SLOPE AND DRAINAGE EASEMENTS, VIA AMBIENTE, SAN DIEGUITO PLANNING AREA (VACATION NO. 2006-0328) (DISTRICT: 5)

OVERVIEW: Overview This is a request by Rancho Cielo Estates, Ltd., a California corporation, to vacate Irrevocable Offers to Dedicate easements for slope and drainage purposes adjacent to Via Ambiente, in the San Dieguito Planning area that were granted to the County of San Diego by recordation of real property documents. (Thomas Guide page 1148, H-6 to 1149, A-4).

The purpose of this vacation is to relinquish the public interest in easements for slope and drainage that now front a private road. These easements are no longer needed for current or prospective public use. This is a request to take the necessary action in accordance with Streets and Highways Code Section 8334(a) to summarily vacate the Irrevocable Offers to Dedicate easements for slope and drainage purposes, as excess street right of way.

FISCAL IMPACT: The applicant will pay the County’s cost to process the requested vacation. The applicant has placed the estimated cost of $2500 on deposit with the County. This action requires no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, in accordance with Sections 15060 (c) (2) and (3) of the California Environmental Quality Act (CEQA) Guidelines that this project is exempt from CEQA review, as it is not a project as defined by Section 15378 of the CEQA Guidelines.

2. Adopt the resolution entitled a Resolution of the Board of Supervisors of San Diego County to Summarily Vacate Irrevocable Offers to Dedicate Slope and Drainage Easements, Via Ambiente, San Dieguito Planning Area.

3. Direct the Clerk of the Board of Supervisors to record this Resolution pursuant to Streets and Highways Code Section 8336.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Resolution No. 07-125 entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY TO SUMMARILY VACATE IRREVOCABLE OFFERS TO DEDICATE SLOPE AND DRAINAGE EASEMENTS, VIA AMBIENTE, SAN DIEGUITO PLANNING AREA.

6/13/07 8 7. SUBJECT: AUTHORIZE MEMORANDUM OF AGREEMENT WITH UNITED STATES ARMY CORPS OF ENGINEERS FOR ESTABLISHMENT OF POSITION EXCLUSIVELY FOR COUNTY PROJECTS (DISTRICT: ALL)

OVERVIEW: The Federal Water Resources Development Act of 2000 allows the Secretary of the Army to accept and expend funds contributed by non-federal public entities to expedite evaluation of permits under the jurisdiction of the Department of the Army.

The number of County capital projects has doubled in the past ten years. Based on the County’s five-year forecasted increase in projects and permit needs, staff determined that establishing a Memorandum of Agreement with the Army Corps of Engineers for processing County projects would enhance the County’s ability to complete projects in a timely manner. Army Corps of Engineers permit review ensures preservation and enhancement of important biological resources in the course of capital improvements construction.

The Memorandum of Agreement would provide additional resources to the Army Corps of Engineers allowing for its availability to work on the County’s Department of Army permit applications, permit compliance, and other planning and coordination efforts for future permit needs. Projects from any County department may use this service. Under the agreement, the County will pay the Army Corps of Engineers $200,000 in July 2007. The Army Corps of Engineers will then charge the County time for permit review against that amount. The Memorandum of Agreement shall remain in effect until December 31, 2008, to coincide with the sunset clause of the Federal Water Resources Development Act of 2000. Should this act be extended the Memorandum of Agreement would not exceed an amount of time equal to three years from the effective date of the agreement.

This is a request to authorize execution of a Memorandum of Agreement between the US Army Corps of Engineers and the County of San Diego to accept and expend funds contributed by the County to expedite evaluation of permits under the jurisdiction of the Department of the Army for projects through the establishment of a Water Resources Development Act position.

FISCAL IMPACT: Funding for this agreement totaling $200,000 is included in the CAO’s Proposed Fiscal Year 2007-09 Operational Plan for the Department of Public Works. The source of funding is the Road Fund. As projects are processed, this cost will be offset by several funding sources by project. Projects from any department can use these services, so that actual project-by-project funding sources may include grant financing, General Fund, developer deposits, TransNet, Sanitation Districts, Flood Control District, and Airport Enterprise Fund etc. Actual expenditures in Fiscal Year 2007-08, as well as subsequent year costs, will depend greatly on the number and frequency of projects subject to Department of Army permit requirements. If there is a balance at the end of the fiscal year, it will be applied to the subsequent year agreement. There will be no additional staff years necessary as a result of this request.

6/13/07 9 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Authorize and direct the Director of Public Works to execute the Memorandum of Agreement between the US Army Corps of Engineers and the County to establish a Water Resources Development Act position, effective until December 31, 2008 unless the sunset clause of the Federal Water Resources Development Act of 2000 is extended but not to exceed an amount of time equal to three years from the effective date of the agreement.

8. SUBJECT: SECOND AMENDMENT TO COOPERATIVE AGREEMENT WITH CALTRANS FOR STATE ROUTE 54/94 IMPROVEMENT PROJECT IN RANCHO SAN DIEGO (DISTRICT: 2)

OVERVIEW: On July 1, 1992 (3), the County of San Diego entered into a Cooperative Agreement with Caltrans for State Route 54/94 Improvement Project (Thomas Guide pages 1271, H-1 to 1272, A-4). The agreement lays out roles and responsibilities of the two jurisdictions because the County is completing the project on a State Route, which is Caltrans’ jurisdiction. On June 23, 2004 (18), the Board approved the first amendment to this agreement to correct project limits and extend the termination date of the agreement to June 30, 2007.

The project consists of three phases. Phase 1 was completed in March 1999. It widened SR 54 from SR 54/94 intersection to Fury Lane. Phase 2 will widen SR 94 from west of Jamacha Boulevard to the SR 54/94 intersection. Phase 3 will widen SR 54 from Fury Lane to Brabham Street. Phases 2 and 3 are under construction and expected to be completed in Fall 2007.

This is a request to approve a second amendment to the agreement to extend its term until June 30, 2013 to allow construction completion and establishment of landscaping. The amendment also includes updated reciprocal indemnification provisions and a revised expenditure plan through project year 2012 to 2013.

FISCAL IMPACT: The State Route 54/94 total project cost is funded with TransNet and Developer Deposit Funds. If approved, this request will result in no current year cost, no annual cost, and will not require additional staff years.

6/13/07 10 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the proposed activity is exempt from the California Environmental Quality Act (CEQA) as specified under CEQA Guidelines Section 15060(c)(3) of the State CEQA Guidelines because it is not a project as defined by Section 15378 of the State CEQA Guidelines.

2. Authorize the Director, Department of Public Works, to execute the Second Amendment to the Cooperative Agreement with Caltrans for State Route 54/94 Improvements project in Rancho San Diego, extending the term of agreement to June 30, 2013.

9. SUBJECT: RAMONA AIRPORT – FIRST AMENDMENT TO AVIATION LEASE WITH CRUISEAIR AVIATION, INC. (DISTRICT: 2)

OVERVIEW: The County of San Diego operates a general aviation airport in Ramona (Thomas Guide page 1152, B-6). Ramona Airport provides facilities for California Department of Forestry and aviation businesses, enhancing public safety and services for the aviation community. Ramona Airport had 155,121 operations in 2006 and is home to 209 aircraft.

On November 7, 2001 (5), your Board approved a 30-year lease agreement with Cruiseair Aviation. Under the lease agreement Cruiseair occupies a 9.93 acre parcel at Ramona Airport and provides flight instruction, and aircraft sales and maintenance. The lease calls for a rental rate renegotiation every five years.

This is a request to approve a First Amendment to the Aviation Lease with Cruiseair Aviation, Inc. The Amendment reflects the renegotiated rental rate. The amendment also clarifies existing lease terms related to the calculation of rent.

FISCAL IMPACT: This request will result in additional revenue to County’s Airport Enterprise Fund. Funding source for additional revenue is rental payment from lessee under terms of the amended lease agreement. If approved, the new lease will be effective, retroactively as provided in the lease, to November 7, 2006. Current year lease revenue, which is now $72,384, will increase $5,242. It will result in approximately $12,526 yearly increase for Fiscal Year 2007-08. If approved, this request will result in no addition of staff years.

6/13/07 11 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, that the proposed lease amendment is categorically exempt from CEQA review because it involves continuation of an existing use.

2. Approve and authorize the Clerk of the Board to execute, upon receipt, three original copies of the proposed First Amendment to Aviation Lease with Cruiseair Aviation, Inc. (4 VOTES)

10. SUBJECT: RAMONA AIRPORT – SECOND AMENDMENT TO AVIATION LEASE WITH CHARLES AND EVELYN HALL TRUST DOING BUSINESS AS CHUCK HALL AVIATION (DISTRICT: 2)

OVERVIEW: The County of San Diego operates a general aviation airport in Ramona (Thomas Guide page 1152, B-6). Ramona Airport provides facilities for California Department of Forestry and aviation businesses, enhancing public safety and services for the aviation community. Ramona Airport had 155,121 operations in 2006 and is home for 209 aircraft.

On July 24, 2002 (11), your Board approved a 30 year lease agreement with Charles and Evelyn Hall Trust DBA Chuck Hall Aviation. Chuck Hall Aviation occupies an 8.01 acre parcel at Ramona Airport and provides flight instruction, and aircraft sales and maintenance for the flying public. The lease was amended on May 21, 2003 (9). The lease calls for a rental rate renegotiation every five years.

This is a request to approve a Second Amendment to the Aviation Lease with Charles and Evelyn Hall Trust dated June 27, 1990 DBA Chuck Hall Aviation. The Amendment reflects the renegotiated rental rate. The amendment reflects the renegotiated rental rate. The amendment also clarifies existing lease terms related to the calculation of rent.

FISCAL IMPACT: This request will result in additional revenue to County’s Airport Enterprise Fund. Funding source for additional revenue is rental payment from lessee under terms of the amended lease agreement. If approved, the new lease will be effective August 1, 2007. There will be no change to current Fiscal Year 2006-07 lease revenue of $64,884, and an increase of $8,811 for Fiscal Year 2007-08. It will result in an approximate $16,212 yearly increase for Fiscal Year 2008-09. If approved, this request will result in no

6/13/07 12 addition of staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, that the proposed lease amendment is categorically exempt from CEQA review because it involves continuation of an existing use.

2. Approve and authorize the Clerk of the Board to execute, upon receipt, three original copies of the proposed Second Amendment to Aviation Lease with Charles and Evelyn Hall Trust DBA Chuck Hall Aviation. (4 VOTES)

11. SUBJECT: RAMONA AIRPORT – FIRST AMENDMENT TO AVIATION LEASE WITH MACKENZIE AVIATION, INC. DOING BUSINESS AS PACIFIC EXECUTIVE AVIATION (DISTRICT: 2)

OVERVIEW: The County of San Diego operates a general aviation airport in Ramona (Thomas Guide page 1152, B-6). Ramona Airport provides facilities for California Department of Forestry and aviation businesses, enhancing public safety and services for the aviation community. Ramona Airport had 155,121 operations in 2006 and is the home of 209 aircraft.

On July 30, 2003 (14), your Board approved a 24-year 10-month lease agreement with MacKenzie Aviation, Inc. DBA Pacific Executive Aviation. Pacific Executive Aviation occupies a 9.04 acre parcel at Ramona Airport and provides flight instruction, and aircraft sales and maintenance. The lease calls for a rental rate renegotiation every five years.

This is a request to approve a First Amendment to Aviation Lease with MacKenzie Aviation, Inc. DBA Pacific Executive Aviation. The amendment reflects the renegotiated rental rate. The amendment also clarifies existing lease terms related to the calculation of rent.

FISCAL IMPACT: This request will result in additional revenue to County’s Airport Enterprise Fund. Funding source for additional revenue is rental payment from lessee under terms of the amended lease agreement. If approved, the new lease will be effective July 1, 2007 and result in no change to current Fiscal Year 2006-07 lease revenue, and an increase of

6/13/07 13 $5,544 for Fiscal Year 2007-08. It will result in an approximate $13,176 yearly increase for Fiscal Year 2008-09. If approved, this request will require no addition of staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, that the proposed lease amendment is categorically exempt from CEQA review because it involves continuation of an existing use.

2. Approve and authorize the Clerk of the Board to execute, upon receipt, three original copies of the proposed First Amendment to Aviation Lease with MacKenzie Aviation, Inc. DBA Pacific Executive Aviation. (4 VOTES)

12. SUBJECT: SET HEARING FOR 7/25/07 TO CONFIRM ASSESSMENTS IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT (DISTRICT: ALL)

OVERVIEW: 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, as a replacement for Lighting Maintenance Districts. The District operates and maintains more than 9,850 public street lights throughout the unincorporated area of the 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 portion of the one-percent property tax and through 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.

Assessments are confirmed by the Board at an annual public hearing. The proposed assessment rate for Fiscal Year 2007-08 is $6.17 per single family home per year, a five percent increase over the Fiscal Year 2006-07 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.

The actions requested today are to approve the Engineer’s Report for the District and set a public hearing date of July 25, 2007, which are recommendations 1, 2, and 3 below. At the hearing on July 25, 2007, after hearing public testimony, the Board will be asked to consider adopting a resolution confirming the assessments. That action, which is recommendation 4, is discretionary after consideration of public testimony.

6/13/07 14 FISCAL IMPACT: The proposed Fiscal Year 2007-08 budget for the San Diego County Street Lighting District reflects the proposed rate change. The rate change would increase District revenue by approximately $29,580. No additional staff years are required.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the proposed activity is exempt from California Environmental Quality Act (CEQA) as specified under the CEQA Guidelines Section 15060(c)(3) because the activity in question is the annual adoption of a resolution to confirm assessments after a public hearing and is not a project as defined in Section 15378 of CEQA Guidelines.

2. Accept and approve the Engineer’s Report for the San Diego County Street Lighting District.

3. Adopt a resolution entitled Resolution of Intention to Order Improvements for the San Diego County Street Lighting District, and setting a hearing for July 25, 2007.

At the hearing July 25, 2007, and after public testimony, consider:

4. Adopting a resolution entitled Resolution Confirming Diagram and Assessments in the San Diego County Street Lighting District.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Resolution No. 07-126 entitled: RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS FOR THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT, and setting Hearing for July 25, 2007 at 9:00 a.m.

13. SUBJECT: ADMINISTRATIVE ITEM: COUNTY OF SAN DIEGO TRACT NO. 5272-1: APPROVAL OF FINAL MAP AND JOINT SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN VALLEY CENTER COMMUNITY PLAN AREA (DISTRICT: 5)

OVERVIEW: This project is a subdivision consisting of 11 residential lots on a total of 27.58 acres. It is located in Valley Center on the east side of Wilhite Lane (Thomas Guide page 1070, G-5).

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

6/13/07 15 FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Approve this map.

2. Accept the grant of an easement for Biological Open Space over portions of Lots 2, 3, 4 and 7 as granted on said map.

3. Accept the grant of an easement for Fire Buffer Open Space over portions of Lots 1, 2, 3, 4, 7 and 8 as granted on said map.

4. Reject on behalf of the public a portion of Wilhite Lane together with the right to extend and maintain drainage facilities and excavation and embankment slopes beyond the limits of the right of way as offered for dedication on said map.

ACTION: Adding Recommendation No. 5 to read: Approve and authorize the Clerk of the Board of Supervisors to execute a Joint Agreement to Improve Major Subdivision; which includes street and drainage improvements, sewer and water facilities and setting of final monuments (Attachment B); ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as recommended, on Consent. AYES: Cox, Jacob, Slater-Price, Roberts, Horn

14. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: FORMATION OF CAMPO WATER AND SEWER MAINTENANCE DISTRICT (DISTRICT: 2)

OVERVIEW: On April 18, 2007 (12), the Board adopted a Resolution of Intention to Establish the Campo Water and Sewer Maintenance District and conduct a public hearing on May 23, 2007. On May 23, 2007 (1) the Board adopted a resolution establishing the Campo Water and Sewer Maintenance District. This proposed District is located in the unincorporated community of Campo (Thomas Guide page 1298, B-6, B-7) and its boundary is the same as that of the existing Campo Water and Sewer Service Area. Establishing the District will provide a more efficient governance structure for the existing Service Area and will not result in changes to the level of service or rates. This is a request to consider the second reading of the proposed ordinances.

FISCAL IMPACT: The funds for water and sewer services are budgeted in the Campo Water and Sewer Service Area Fiscal Year 06-07 budget. This proposal only recommends a change in governance of the Service Area, and no changes to level of service or rates.

6/13/07 16 Appropriations for CWSMD-Sewer Maintenance District will be established in the Change Letter to the CAO Proposed Operation Plan for Fiscal Year 2007-2008 and will result in annual operation and maintenance costs and revenues of $342,100. The Board authorized establishment of a new fund for the Campo Water and Sewer Maintenance District. This fund will be used to provide water service for Zone A of the District and an appropriate accounting mechanism for all revenues, expenditures and assets of the Zone A water system. Without creation of this new fund, Zone A water and sewer service will continue to be combined in a single fund causing separation of water and sewer accounting within that Zone to be laborious and inefficient. Establishment of this new fund will provide better accountability and improved customer service.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt Ordinances entitled:

AN ORDINANCE REPEALING ORDINANCE NOS. 9731 AND 9736 OF THE COUNTY OF SAN DIEGO RELATED TO FEES AND CHARGES FOR WATER AND SEWER SERVICE FOR THE CAMPO SERVICE AREA.

AN ORDINANCE AMENDING ORDINANCE NO. 9679 OF THE COUNTY OF SAN DIEGO ESTABLISHING FEES AND CHARGES FOR WATER AND SEWER SERVICE FOR THE CAMPO HILLS DEVELOPMENT AND THE CAMPO SERVICE AREA.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Ordinance No. 9866 (N.S.) entitled: AN ORDINANCE REPEALING ORDINANCE NOS. 9731 AND 9736 OF THE COUNTY OF SAN DIEGO RELATED TO FEES AND CHARGES FOR WATER AND SEWER SERVICE FOR THE CAMPO SERVICE AREA, and Ordinance No. 9867 (N.S.) entitled: AN ORDINANCE AMENDING ORDINANCE NO. 9679 OF THE COUNTY OF SAN DIEGO ESTABLISHING FEES AND CHARGES FOR WATER AND SEWER SERVICE FOR THE CAMPO HILLS DEVELOPMENT AND THE CAMPO SERVICE AREA.

15. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: ORDINANCES AMENDING THE COUNTY FIRE AND BUILDING CODES AND RATIFYING A CONSOLIDATED FIRE CODE FOR THE LOCAL FIRE PROTECTION DISTRICTS (DISTRICTS: ALL)

OVERVIEW: On October 10, 2001 (1) the Board of Supervisors adopted an ordinance ratifying the

6/13/07 17 first edition of the Consolidated Fire Code. Since then, each of the seventeen fire districts that serve the unincorporated area has adopted a new ordinance requiring ratification. When a fire district board of directors adopts an ordinance more stringent than the State Building Standards Code, Health and Safety Code Section 13869.7 states that the legislative body of the city or county must ratify the ordinance before it can become effective. The legislative body for fire districts in the unincorporated area is the Board of Supervisors.

The Department of Planning and Land Use has reviewed each of the fire districts’ ordinances to determine if they should be recommended for ratification, modification or denial pursuant to Health and Safety Code Section 13869.7. In conjunction with this review, County staff has consolidated code amendments, combined them with the County Fire Code, and is recommending adoption of an ordinance ratifying the second edition of the Consolidated Fire Code.

In addition, on June 23, 2004 (5), the Board of Supervisors adopted ordinances amending the County Building and Fire Codes to add certain fire-resistive construction standards in response to lessons learned during Firestorm 2003. Among the recommendations included in this Board action are minor amendments to the County Building and Fire Codes that make the code more usable while also increasing wildland fire protection.

FISCAL IMPACT: There is no fiscal impact associated with these recommendations.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt ordinances entitled:

AN ORDINANCE REPEALING AND REENACTING THE COUNTY FIRE CODE

AN ORDINANCE AMENDING THE COUNTY BUILDING CODE TO REVISE CERTAIN FIRE-RESISTIVE CONSTRUCTION STANDARDS

AN ORDINANCE RATIFYING A CONSOLIDATED FIRE CODE SHOWING ALL AMENDMENTS BY LOCAL FIRE PROTECTION DISTRICTS TO THE FIRE CODE PORTION OF THE CALIFORNIA BUILDING STANDARDS CODE

6/13/07 18 ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board took action as recommended, on Consent, adopting Ordinance No. 9868 (N.S.) entitled: AN ORDINANCE REPEALING AND REENACTING THE COUNTY FIRE CODE; Ordinance No. 9869 (N.S.) entitled: AN ORDINANCE AMENDING THE COUNTY BUILDING CODE TO REVISE CERTAIN FIRE-RESISTIVE CONSTRUCTION STANDARDS, and Ordinance No. 9870 (N.S.) entitled: AN ORDINANCE RATIFYING A CONSOLIDATED FIRE CODE SHOWING ALL AMENDMENTS BY LOCAL FIRE PROTECTION DISTRICTS TO THE FIRE CODE PORTION OF THE CALIFORNIA BUILDING STANDARDS CODE.

16. SUBJECT: CLOSED SESSION (DISTRICT: ALL) (CARRYOVER ITEM FROM 6/12/07, AGENDA NO. 18)

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

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

C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) San Diego County Employees Retirement Association v. County of San Diego, et al.; San Diego County Superior Court No. GIC 845430

D. APPOINTMENT OF PUBLIC EMPLOYEE (Government Code section 54957) Title: Chief Probation Officer (Interim)

ACTION: In closed session following the public agenda of Tuesday, June 12, 2007, the Board of Supervisors took action on the following items, for which a report is required:

Item 16A and 16B: By vote of all 5 members of the Board present and voting “Aye”, the Board authorized County Counsel to initiate litigation, the particulars of which will be disclosed if requested pursuant to Government Code 54957.1, after the actions have been formally commenced;

Item 16D: Appointment of Public Employee: By vote of all 5 members of the Board

6/13/07 19 present and voting “Aye”, appointed David Cranford as Interim Chief Probation Officer.

There being no further business, the Board adjourned at 9:20 a.m.

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

Consent: Panfil 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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