County of San Diego Board of Supervisors s34

STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING - PLANNING AND LAND USE MATTERS WEDNESDAY, MAY 21, 2003, 9:00 AM Board of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order at 9:10 a.m.

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

Approval of Board of Supervisors Statement of Proceedings/Minutes for meetings of April 30, 2003 and May 7, 2003.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meetings of April 30, 2003 and May 7, 2003.

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

AFTERNOON SESSION: Meeting was called to order at 2:09 p.m.

Board of Supervisors’ Agenda Items

1. STONECREEK ESTATES: APPEAL OF PLANNING COMMISSION DECISION TO DENY AUTHORIZATION TO PROCESS A GENERAL PLAN AMENDMENT, PAA 02-002, RAMONA COMMUNITY PLAN AREA (CARRYOVER FROM 3/12/03, AGENDA NO. 1)

2. NOTICED PUBLIC HEARING: GENERAL PLAN 2020: PROJECT UPDATE AND CONFIRMATION OF DIRECTION

3. MEMORIAL DAY RESOLUTION

4. SET HEARING FOR 6/18/03 PAUMA VALLEY COUNTRY CLUB OPEN SPACE EASEMENT VACATION, VAC 02-003, PALA-PAUMA SUBEGIONAL PLAN AREA

5. APPROVAL OF AMENDED TRANSNET PROGRAM AND COUNTY OF SAN DIEGO ELEMENT OF THE REGIONAL TRANSPORTATION IMPROVEMENT

5/21/03 1 PROGRAM

6. ADVERTISE AND AWARD CONTRACT FOR ASPHALT RESURFACING ON VARIOUS COUNTY ROADS (4 VOTES)

7. ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF BEAR VALLEY PARKWAY CULVERT IN ESCONDIDO [FUNDING SOURCE(S): GAS TAX]

8. AGREEMENT WITH CONSULTANT FIRM TO PREPARE COUNTY OF SAN DIEGO BICYCLE TRANSPORTATION PLAN [FUNDING SOURCE(S): TDA FUNDS RECEIVED FROM SANDAG] (4 VOTES)

9. RAMONA AIRPORT – FIRST AMENDMENT TO AVIATION LEASE WITH CHARLES AND EVELYN HALL TRUST (4 VOTES)

10. SECOND AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY TO ADD THE CITY OF NATIONAL CITY AS A PARTICIPATING AGENCY (RELATES TO SANITATION DISTRICT AGENDA ITEM NO. 1)

11. ADVERTISE AND AWARD CONTRACT TO REPLACE GALLOWAY WASTEWATER PUMP STATION EQUIPMENT (4 VOTES) (RELATES TO SANITATION DISTRICT AGENDA ITEM NO. 2)

12. SET HEARING FOR 7/9/03 PROPOSED SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1013 – SINGING TRAILS IN THE EL CAJON AREA

13. APPLICATION FOR AND ACCEPTANCE OF FISCAL YEAR 2003-04 ENFORCEMENT ASSISTANCE GRANT FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD

14. COUNTY TRACT NOS. 3649 AND 3786: APPROVAL OF SECURED MAINTENANCE AGREEMENT, LOCATED IN FALLBROOK PLANNING AREA

15. ADMINISTRATIVE ITEM: CONTINUED NOTICE PUBLIC HEARING: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE, THE COUNTY CODE, AND THE RESOURCE PROTECTION ORDINANCE TO ELIMINATE THE

5/21/03 2 NEED FOR COUNTY PARKS TO OBTAIN A MAJOR USE PERMIT (POD 01-05)

16. NOTICE OF PUBLIC HEARING: THE ISSUANCE OF TAX-EXEMPT BONDS BY THE ASSOCIATION OF BAY AREA GOVERNMENTS FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS TO BENEFIT SHARP HEALTHCARE AFFILIATES

17. ADMINISTRATIVE ITEM: APPOINTMENTS

18. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: PRESERVING VACATION BENEFITS FOR EMPLOYEES ON MILITARY LEAVE

19. ADMINISTRATIVE ITEM: CONTINUED NOTICE PUBLIC HEARING: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: CLERK OF THE BOARD OF SUPERVISORS FEES

20. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: PROTECTING BUSINESSES AND PUBLIC FACILITIES FROM ACID-ATTACK GRAFFITI

21. ADMINISTRATIVE ITEM: CONTINUED NOTICE PUBLIC HEARING: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: ESTABLISHMENT AND ADJUSTMENT OF PROBATION DEPARTMENT FEES AND CHARGES

22. ADMINISTRATIVE ITEM: CONTINUED NOTICE PUBLIC HEARING: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: ORDINANCE CHANGE FOR IMMUNIZATION SERVICE

23. PRESERVING AFFORDABLE HOUSING FOR MOBILE HOME OWNERS

24. PUBLIC COMMUNICATION

25. CLOSED SESSION (CARRYOVER FROM 5/20/03 AGENDA ITEM NO. 2)

26. PRESENTATION/AWARDS

5/21/03 3 1. SUBJECT: STONECREEK ESTATES: APPEAL OF PLANNING COMMISSION DECISION TO DENY AUTHORIZATION TO PROCESS A GENERAL PLAN AMENDMENT, PAA 02-002, RAMONA COMMUNITY PLAN AREA (DISTRICT: 2) (CARRYOVER FROM 3/12/03, AGENDA NO. 1)

OVERVIEW: On March 12, 2003 (1), at the request of the applicant, this project was continued by the Board of Supervisors to May 21, 2003.

This is a request to continue the hearing to June 18, 2003. The applicant has indicated that they concur with the continuance.

FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Continue the hearing to June 18, 2003.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors continued the item to June 18, 2003 at the request of the Chief Administrative Officer, on Consent.

AYES: Cox, Jacob, Slater, Roberts, Horn

2. SUBJECT: NOTICED PUBLIC HEARING: GENERAL PLAN 2020: PROJECT UPDATE AND CONFIRMATION OF DIRECTION (DISTRICT: ALL)

OVERVIEW: General Plan 2020 is a comprehensive update of the San Diego County General Plan, establishing future growth and development patterns for the unincorporated areas of the County. It will replace the existing General Plan, including all regional elements and all community or subregional plans. Other components of General Plan 2020 include adjustments to community planning area boundaries, replacing residential lot size requirements with a density-based approach, and identifying items that must be changed within a reasonable timeframe following plan adoption to maintain consistency between the General Plan and County ordinances or policies. Agricultural Preserves will be modified to reflect lands under Williamson Act contracts. The purpose of the Board of Supervisors hearing is to receive Board endorsement for the

5/21/03 1 direction taken by the General Plan 2020 update on the following products: Planning Concepts, Draft Regional Goals and Policies, Land Use Framework, Regional Structure Map, Regional Land Use Distribution Map (December 2002 Working Copy Map and related Population Forecast), and Statements of Legislative Intent. If the Board of Supervisors endorses the direction of this work, then full development of General Plan 2020 ― including the preparation of a regional road network, Draft Regional Elements, Draft Community and Subregional Plans, and Draft Environmental Impact Report ― will proceed. All products submitted for review during this hearing are subject to further refinements and to future review by the Board of Supervisors as part of a complete package of General Plan 2020 products.

FISCAL IMPACT: N/A

RECOMMENDATION: PLANNING COMMISSION: 1. Support the direction of the General Plan 2020 project, and accept the following products for continued refinement and progress:  General Plan 2020 Planning Concepts (previously endorsed by the Board of Supervisors)  Draft Regional Goals and Policies  Land Use Framework  Regional Structure Map  Regional Land Use Distribution Map  Statements of Legislative Intent

2. Direct the Chief Administrative Officer to review the list of Planning Commission referrals and forward them to the Board of Supervisors.

CHIEF ADMINISTRATIVE OFFICER: 1. The Chief Administrative Officer concurs with the Planning Commission recommendation. The Chief Administrative Officer further recommends that staff evaluate the list of property referrals made during the Planning Commission meetings, review staff recommendations with the Community Planning and Sponsor Groups and Interest Group, and return to the Planning Commission and Board of Supervisors with recommendations.

2. In order to be consistent with advice from the State of California Fair Political Practices Commission (FPPC), the Chief Administrative Officer recommends that properties owned by Supervisor Dianne Jacob and Supervisor Bill Horn, along with properties located within a 500-foot radius of properties owned by Supervisors Jacob and Horn, be segregated out for separate action to avoid any appearance of conflict of interest. The Chief Administrative Officer further recommends: a. Acceptance of the SR-4 General Plan designation, which allows a density of 1 dwelling unit per 4 acres, and the RL-40 designation, which allows a density of 5/21/03 2 1 dwelling unit per 40 acres, for properties in Jamul/Dulzura owned by Supervisor Dianne Jacob. The Chief Administrative Officer further recommends acceptance of the SR-2 designation, which allows a density of 1 dwelling unit per 2 acres; the SR-4 designation; the SR-10 designation, which allows a density of 1 dwelling unit per 10 acres; and the RL-40 designation on properties located within a 500-foot radius of Supervisor Jacob’s properties in Jamul/Dulzura. b. Acceptance of the SR-2 General Plan designation, which allows a density of 1 dwelling unit per 2 acres, for properties in Valley Center owned by Supervisor Bill Horn. The Chief Administrative Officer further recommends acceptance of the same SR-2 designation on all but one property located within the 500- foot radius, and the RL-20 designation, which allows a density of 1 dwelling unit per 20 acres, on one property located within a 500-foot radius of Supervisor Horn’s properties in Valley Center.

3. If public testimony and deliberations are not completed on May 21, 2003, this item should be continued to the Board of Supervisors hearing on June 11, 2003.

2.1 ACTION: Supervisor Jacob disclosed for the record properties owned by her and indicated she would abstain from participating in the discussion and vote on her properties and properties within 500 feet of her properties. She then left the Chamber. Staff then made a presentation on her properties and properties within 500 feet of her properties. ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors accepted staff’s recommendation in paragraph 2a for further review.

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

2.2 ACTION: Supervisor Horn disclosed for the record properties owned by him and indicated he would abstain from participating in the discussion and vote on his properties and properties within 500 feet of his properties. He then left the Chamber. Staff then made a presentation on his properties and properties within 500 feet of his properties. ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board of Supervisors accepted staff’s recommendation in paragraph 2b for further review.

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

2.3 ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors directed the Chief Administrative Officer to conduct comprehensive groundwater study for the Pine Valley area. 5/21/03 3 AYES: Cox, Jacob, Slater, Roberts, Horn

2.4 ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors continued the Hearing to June 11, 2003, 9:00 a.m.

3. SUBJECT: MEMORIAL DAY RESOLUTION (DISTRICT: ALL)

OVERVIEW: Memorial Day is an opportunity to pay tribute to the brave men and women of our nation who paid with their lives so that we might enjoy the freedom they so valiantly preserved for us. Support of the Memorial Day Resolution will assist citizens throughout San Diego County to understand the true significance of the day.

FISCAL IMPACT: None

RECOMMENDATION: SUPERVISOR HORN: 1. Adopt the Resolution in honor of Memorial Day to honor those who have fallen in service to their country.

2. Direct the CAO to draft a letter for Chair’s signature to be sent with a copy of the Resolution to all San Diego School Districts and Veterans’ organizations.

ACTION: Revising Recommendation 2 to read: “Direct the CAO to draft a letter for Supervisor Horn’s signature to be sent with a copy of the Resolution to all San Diego School Districts and Veterans’ organizations” ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-089, entitled: MEMORIAL DAY.

5/21/03 4 4. SUBJECT: SET HEARING FOR 6/18/03 PAUMA VALLEY COUNTRY CLUB OPEN SPACE EASEMENT VACATION, VAC 02-003, PALA-PAUMA SUBEGIONAL PLAN AREA (DISTRICT: 5) OVERVIEW: This is a request to set a date for a public hearing to vacate a 6.27 acre portion of a 13.93 acre open space easement intended for recreational purposes. The open space easement was required as condition of approval of Tentative Map TM 2852 for a 36-lot residential subdivision (Pauma Valley Country Club Ranchos) recorded in November 1970. The site is situated on Luiseno Circle Drive north of Pauma Valley Drive within the boundaries of the Pauma Valley Country Club. The project site is located within the Pala/Pauma Subregional Plan area and the zoning is S80 Open Space Regulations.

FISCAL IMPACT: The proposal will not have an adverse fiscal impact.

RECOMMENDATION: DEPARTMENT OF PLANNING AND LAND USE: 1. Direct the Clerk of the Board of Supervisors to set a public hearing for June 18, 2003 at 9:00 a.m. to consider vacating the Pauma Valley Country Club Open Space Easement.

2. Direct the Clerk of the Board to provide the notice required by law.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent; setting Hearing for June 18, 2003, 9:00 a.m.

5. SUBJECT: APPROVAL OF AMENDED TRANSNET PROGRAM AND COUNTY OF SAN DIEGO ELEMENT OF THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (DISTRICT: ALL) OVERVIEW: On March 13, 2002 (4), the Board of Supervisors approved a TransNet Local Street and Road Program of Projects for road and bridge projects using TransNet, State, or federal monies. San Diego Association of Governments (SANDAG) included this local program in the adopted Regional Transportation Improvement Program (RTIP). SANDAG (acting as duly authorized Regional Transportation Commission), submitted the RTIP to the California Transportation Commission for inclusion in the State Transportation Program. SANDAG is currently preparing to amend the RTIP to reflect needed programming revisions to FY 2002-03 and FY 2003-04 projects.

5/21/03 5 This is a request to amend the County TransNet Program by adjusting project schedules and budgets to match available funds. Construction funds for one project will be deleted. The amended County TransNet Program, along with road and bridge projects receiving federal and state funds, will be integrated into the County element of RTIP for FY 2002- 03 through FY 2007-08 and submitted to SANDAG.

FISCAL IMPACT: There will be no fiscal impact as a result of adoption of this amendment. Transportation projects, along with offsetting revenues, will be presented in appropriate fiscal years in proposed Department of Public Works operational plans. There is no County General Fund cost associated with any projects in RTIP, and no additional staff years required.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find the following actions are not subject to California Environmental Quality Act (CEQA) guidelines, pursuant to Section 15276, because CEQA does not apply to development or adoption of RTIP.

2. Adopt a resolution entitled Resolution of the County of San Diego Amending the TransNet Local Street and Road Program of Projects for FY 2002-03 through FY 2007-08 and Certifying Provisions of the TransNet Ordinance Will Be Met.

3. Direct that projects in the TransNet Local Street and Road Program of Projects, along with road and bridge projects receiving federal and State funds, be integrated into the County element of the Regional Transportation Improvement Program for FY 2002- 03 through FY 2007-08 and authorize the Director, Department of Public Works, to submit the County’s amended RTIP to SANDAG.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-090, entitled: RESOLUTION OF THE COUNTY OF SAN DIEGO AMENDING THE TRANSNET LOCAL STREET & ROAD PROGRAM OF PROJECTS FOR FISCAL YEARS 2002-03 THROUGH 2007-08 AND CERTIFYING THAT PROVISIONS OF THE TRANSNET ORDINANCE WILL BE MET.

6. SUBJECT: ADVERTISE AND AWARD CONTRACT FOR ASPHALT RESURFACING ON VARIOUS COUNTY ROADS (DISTRICTS: ALL)

OVERVIEW: The Department of Public Works is responsible for maintaining nearly 2,000 miles of

5/21/03 6 roads in the unincorporated area of San Diego County. County road crews inspect all County maintained roads and prioritize them for preventative maintenance. Through scientific methods, staff determines which roads can be protected with surface treatments and which require asphalt resurfacing. Asphalt resurfacing is a preventative maintenance activity that restores the structural integrity of the road and prevents future costly repair.

During the past three years, the Department of Public Works has successfully employed use of a large countywide resurfacing contract to encourage lower bids. This has enabled the department to resurface more roads to keep them in good driving condition.

This is a request for approval to advertise and subsequently award to the lowest responsive and responsible bidder, a contract to resurface various roadway segments throughout the unincorporated area. Bid packages have been structured with a base bid consisting of the minimum number of road segments that will be resurfaced, and alternative additives, which are clusters of road segments that can be added to the contract if bid prices favor doing so. To optimize the size of the contract, actions requested will utilize current year Detailed Work Program and Transportation Division budgeted funds, as well as funds to be included in the Fiscal Year 2003-04 detailed work program road maintenance, made possible by timing award of the contract in August, 2003. The amount requested for encumbrance to this contract, including contingency, totals $9,279,000.

FISCAL IMPACT: The total contract will be up to $9,279,000. Of that amount, $3,029,000 is budgeted in Road Maintenance, $1,350,000 is from cancelled prior year encumbrances, and $1,450,000 is available from rescheduled projects in the Detailed Work Program. An additional $350,000 is available for this project from savings in services and supplies. Funding sources are current year Governor’s Congestion Relief monies and gas tax. If approved, these actions will result in $1,350,000 increased current year cost. The Fiscal Year 03-04 Detailed Work Program Budget includes $3,100,000 for Road Maintenance, which will also be applied to this project, scheduled for award in August 2003. The project will require no additional staff years, and there will be no impact to the General Fund.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find in accordance with Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines that this project is categorically exempt from the provisions of CEQA because it consists of the maintenance of existing facilities with no increase in capacity.

2. Establish appropriations of $1,350,000 in the Department of Public Works, Road Fund Detailed Work Program for Road Maintenance due to fund balance available as a result of cancellation of prior year encumbrances. (4 VOTES)

5/21/03 7 3. Decrease Fiscal Year 2002-03 funding for Detailed Work Program Projects listed below for a total of $1,450,000: (4 VOTES) a. RPM Replacement, decrease of $50,000 due to cancelled project b. Hart Drive, decrease $450,000 due to project rescheduling c. Parkside Street, decrease of $100,000 due to project rescheduling d. Kenwood Drive, decrease of $250,000 due to project rescheduling e. Stagecoach Lane, decrease of $600,000 due to project rescheduling

4. Transfer appropriations of $350,000 from Transportation Division services and supplies to the Detailed Work Program Road Maintenance for Asphalt Resurfacing.

5. Increase Fiscal Year 2002-03 Department of Public Works Detailed Work Program funding for Road Maintenance for a total of $3,150,000 based on funds available as a result of actions in Recommendations 2 through 4. (4 VOTES)

6. Authorize the Director, Department of Purchasing and Contracting, to take any action authorized by Article XXIII, Section 403 of the Administrative Code with respect to contracting for the subject public works project.

7. Designate the Director, Department of Public Works, as the County Officer responsible for administering the contract in accordance with Board Policy F-41.

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

7. SUBJECT: ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF BEAR VALLEY PARKWAY CULVERT IN ESCONDIDO (DISTRICT: 5)

OVERVIEW: Bear Valley Parkway Culvert has been designed and is ready for construction. This project is part of the Department of Public Works planned Capital Improvement Program, and consists of replacing a deteriorating metal pipe with a concrete box culvert to convey stormwater under Bear Valley Parkway in Escondido. This project will benefit the immediate area by reducing flooding, improving emergency vehicle access during heavy rains, and reducing the likelihood of road closure.

This is a request for authorization to advertise and subsequently award a contract, to the lowest responsive and responsible bidder, to construct Bear Valley Parkway Culvert. Upon Board approval, Department of Purchasing and Contracting will advertise and subsequently award a contract for the construction, scheduled in July 2003.

FISCAL IMPACT: 5/21/03 8 Funds for this request are budgeted in the Department of Public Works Fiscal Year 2002- 03 Detailed Work Program. The funding source is Gas Tax. If approved, this request will result in $230,000 current year costs, no annual cost and will require no additional staff years.

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

2. Authorize the Director, Purchasing and Contracting, to take actions authorized by Article XXIII, Section 403 of the Administrative Code with respect to contracting for subject public works project.

3. Designate the Director, Department of Public Works, in accordance with Board Policy F-41, as County officer responsible for administering the contract.

8. SUBJECT: AGREEMENT WITH CONSULTANT FIRM TO PREPARE COUNTY OF SAN DIEGO BICYCLE TRANSPORTATION PLAN (DISTRICT: ALL)

OVERVIEW: On April 30, 2003 (9), the Board approved submission of grant applications for nearly $1 million for bike path facility projects our communities need. The County of San Diego has averaged awards of over $300,000 per year for the past ten years from Transportation Development Act Funds administered by SANDAG for pedestrian and bicycle facility construction. However, competition continues to be strong for available funding.

There is another, separate funding source available. Each year Caltrans solicits applications for bicycle facility construction grants. To apply for these grants, the County must have an adopted Bicycle Transportation Plan. The investment in preparing a plan will reap dividends for both recreational and commuter bicyclists in the future. Bicycle transportation planning is a specialty field, and the County does not have staff qualified for this work. Therefore, procurement of a consultant contract is necessary.

Staff selected the consultant firm Alta Planning + Design, Inc. in accordance with provisions of Board Policy F-40, Procuring Architectural, Engineering and Related Professional Services. Pursuant to State law, public agencies in California must use a

5/21/03 9 Qualifications Based Selection method to contract for consultant services. This method requires such services be engaged on basis of demonstrated competence and qualifications for types of services to be performed at a fair and reasonable cost. Board Policy F-40 describes the County’s method for Qualifications Based Selection. In accordance with provisions of the policy, the selection committee interviewed consultant firms from the Joint County/City of San Diego consultant list for Planning Services. The firm selected was ranked highest among four firms interviewed for this project.

This is a request to approve an agreement with Alta Planning + Design, Inc. to prepare a County of San Diego Bicycle Transportation Plan in accordance with State of California guidelines for a fee not to exceed $120,000. Once completed, the plan will be submitted to the Board for consideration in November 2003.

FISCAL IMPACT: Funds for this request are not budgeted in the Department of Public Works FY 2002-03 Detailed Work Program. The funding source is TDA funds received from SANDAG. If approved, this request will result in $120,000 current year cost, no annual cost, and will require no additional staff years.

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

2. Find that the services can be provided more economically and efficiently by the proposed independent contractor than by persons in the Classified Service.

3. Establish appropriations of $120,000 in Detailed Work Program, for Bicycle Transportation Plan, based on $120,000 unanticipated revenue from SANDAG Non- Motorized Transportation Development Act (TDA) program. (4 VOTES)

4. Approve and authorize the Clerk of the Board to execute, upon receipt, an agreement with Alta Planning + Design, Inc. for compensation not to exceed $120,000, for a period effective upon Board approval and terminating August 1, 2003, or when the project is completed or services no longer required, whichever occurs first, to provide a County of San Diego Bicycle Transportation Plan.

ACTION: Amending the termination date in Recommendation number 4 to read August 1, 2004, ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent.

9. SUBJECT: RAMONA AIRPORT – FIRST AMENDMENT TO AVIATION 5/21/03 10 LEASE WITH CHARLES AND EVELYN HALL TRUST (DISTRICT: 2)

OVERVIEW: The County of San Diego operates a general aviation airport in Ramona. Ramona Airport provides facilities for California Department of Forestry and aviation businesses, enhancing public safety and providing facilities for the aviation community.

The Charles and Evelyn Hall Trust dated June 27, 1990, doing business as Chuck Hall Aviation operates an aircraft maintenance and storage business on an 8.01 acre parcel at Ramona Airport. Chuck Hall Aviation has requested an amendment to its lease expanding terms to allow sale of existing hangars, instead of limiting this ability to the newly constructed hangars as stated in the current lease. This change will allow its customers to lock in use of hangars for their aircraft for longer periods. Sale hangars are subject to the same terms of the master lease, so this will not affect County Airports. County Airports supports the proposed amendment, provided the lessee agrees to include other language updating the lease in several sections. Amendments will be for clarification and consistency with current County approved standards. The proposed amendment does not affect rent or term.

This is a request to enter into a first amendment to the aviation lease with Charles and Evelyn Hall Trust, approved by the Board on July 22, 2002 (11).

FISCAL IMPACT: This request will result in no fiscal impact to the Airport Enterprise Fund. If approved, there will be no change to current lease revenue, and 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 the proposed lease amendment is categorically exempt from CEQA as it involves the continuation of an existing use.

2. Approve and authorize Clerk of the Board to execute, upon receipt, three copies of a First Amendment to Aviation Lease with Charles and Evelyn Hall Trust dated June 27, 1990. (4 VOTES)

10. SUBJECT: SECOND AMENDMENT TO JOINT EXERCISE OF POWERS 5/21/03 11 AGREEMENT FOR THE METRO WASTEWATER JOINT POWERS AUTHORITY TO ADD THE CITY OF NATIONAL CITY AS A PARTICIPATING AGENCY (DISTRICT: ALL)

OVERVIEW: On November 15, 2000 (1), the Board approved the Joint Exercise of Powers Agreement to form the Metro Wastewater Joint Powers Authority (JPA) on behalf of Alpine Sanitation District, Lakeside Sanitation District, Spring Valley Sanitation District, and the Winter Gardens Sewer Maintenance District. Other member agencies of the JPA are the Cities of Coronado, Del Mar, El Cajon, Imperial Beach, La Mesa, Poway, the Lemon Grove Sanitation District, Otay Water District and the Padre Dam Municipal Water District.

On January 29, 2003 (San 1), the Board approved the First Amendment to the Metro Wastewater Joint Powers Authority Agreement to add the Otay Water District as a participating agency. National City is now requesting membership in the Metro Wastewater Joint Powers Authority. The Second Amendment to the Joint Powers Authority Agreement will allow National City to become a participating member if approved by all JPA members.

This is a request to approve the Second Amendment to the Metro Wastewater Joint Exercise of Powers Agreement to add National City as a participating agency.

FISCAL IMPACT: If approved, this request will result in no current year or annual cost, and will require no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, pursuant to Section 15060(c)(3) of the California Environmental Quality Act Guidelines, that the requested action is not a project as defined in Section 15378.

2. Adopt a Resolution entitled Jointly Adopted Resolution of the Board of Supervisors on Behalf of Winter Gardens Sewer Maintenance District, and the Board of Directors of the Lakeside Sanitation District, Alpine Sanitation District and Spring Valley Sanitation District Authorizing Execution of Second Amendment to Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority Regarding National City Membership.

3. Authorize the Clerk of the Board to execute, upon receipt, the Second Amendment to the Joint Exercise of Powers Agreement for the Metro Wastewater Joint Powers Authority to add the City of National City as a participating agency.

Relates to Sanitation District Agenda Item No. 1.

5/21/03 12 ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-91 entitled: JOINTLY ADOPTED RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO ON BEHALF OF WINTER GARDENS SEWER MAINTENANCE DISTRICT, AND THE BOARD OF DIRECTORS OF THE LAKESIDE SANITATION DISTRICT, ALPINE SANITATION DISTRICT AUTHORIZING EXECUTION OF THE SECOND AMENDMENT TO THE METRO WASTEWATER JOINT POWERS AUTHORITY AGREEMENT REGARDING CITY OF NATIONAL CITY MEMBERSHIP.

11. SUBJECT: ADVERTISE AND AWARD CONTRACT TO REPLACE GALLOWAY WASTEWATER PUMP STATION EQUIPMENT (DISTRICT: 2)

OVERVIEW: The Department of Public Works has completed plans to replace equipment at the Galloway Wastewater Pump Station on Arnold Way in Alpine (Thomas Guide page 1233; F-5, 2003 edition). The existing pumps, motors, generators, and electrical controls are at the end of their useful life and need to be replaced to assure system reliability and to avoid service interruption.

The Fiscal Year 2002-03 Operational Plan included replacement of existing wastewater pump station equipment at an estimated cost of $1,200,000. A subsequent study determined the equipment needed to be resized to handle peak flows anticipated during the 10-year operational life of the pump equipment, resulting in a revised cost of $1,855,000.

This is a request to establish additional appropriations of $655,000, and approve advertisement and subsequent award to lowest responsible bidder of a contract to construct the wastewater pump station improvements. Construction is scheduled to begin in September 2003 and be completed in one year.

FISCAL IMPACT: $1,200,000 in construction funding was approved in the Fiscal Year 2002-03 Alpine Sanitation District budget. This request establishes additional appropriations in the amount of $655,000. Funding source is Replacement Reserves and Expansion Reserves for the Alpine Sanitation District. If approved, this request will result in $1,855,000 current year cost, no annual cost, and will require the addition of no staff years. There will be no fiscal impact to the County General Fund.

RECOMMENDATION: 5/21/03 13 CHIEF ADMINISTRATIVE OFFICER 1. Find in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines that the project is exempt from the provisions of the Guidelines since it consists of minor alterations of an existing facility.

2. Authorize the Chief Financial Officer to reduce Replacement Reserve Designation for Alpine Sanitation District in the amount of $200,000.

3. Authorize the Chief Financial Officer to reduce Expansion Reserve Designation for Alpine Sanitation District in the amount of $455,000.

4. Establish appropriations of $655,000 in the Alpine Sanitation District for replacement of Galloway Wastewater Pump Station Equipment, based on Fund Balance available in the Alpine Sanitation District. (4 VOTES)

5. Authorize the Director, Purchasing and Contracting, to take actions authorized by Section 403 of the Administrative Code with respect to contracting for replacement of Galloway Wastewater Pump Station Equipment.

6. 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.

Relates to Sanitation District Agenda Item No. 2.

12. SUBJECT: SET HEARING FOR 7/9/03 PROPOSED SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1013 – SINGING TRAILS IN THE EL CAJON AREA (DISTRICT: 2)

OVERVIEW: Property owners in the El Cajon area of unincorporated San Diego County have filed petitions requesting a mailed ballot proceeding to determine sufficient support to form a Permanent Road Division Zone to improve .37 mile of road and maintain .60 mile of area roads. Private improvements have already been made to one road, however, this road will be included in the Zone for future maintenance purposes.

This request is to accept the petitions, adopt the Resolution of Intention to Establish the Permanent Road Division Zone, and approve the Engineer’s Report so that staff can 5/21/03 14 proceed with the mailed ballot proceeding required by state law. The district will not form unless a weighted majority of the ballots received by the County are "yes" votes. The Permanent Road Division program is available to unincorporated area property owners as a means to improve and maintain their roads. It provides an opportunity similar to a County Service Area at a lower cost and in less time.

FISCAL IMPACT: Funds for administering these requests are budgeted in the Special Districts formation fund. If approved, this request will result in a current year processing cost charged to the formation expense for Singing Trails of $8,000. If the district forms, the money will be reimbursed by the new district. There is no associated annual cost and no additional staff years are required.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines, 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. Accept the petitions, on file in the office of Special Districts Administration, requesting authorization for a mailed ballot proceeding that could result in the formation of a Permanent Road Division Zone to improve Singing Ridge Road and maintain Singing Ridge Road and Singing Trails Court.

3. Adopt the resolution entitled Resolution of Intention to Establish San Diego Countywide Permanent Road Division No. 1000, Zone No. 1013 – Singing Trails, which sets July 9, 2003 as the date of the required public hearing.

4. Direct staff to prepare and conduct a mailed ballot proceeding stipulated by state law to the owners of property located within the boundary of the proposed Permanent Road Division Zone.

5. Approve the Engineer’s Report for proposed Permanent Road Division Zone No. 1013 – Singing Trails, on file in the Special Districts office of the Department of Public Works.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-092 entitled: RESOLUTION OF INTENTION TO ESTABLISH SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1013 – SINGING TRAILS, and setting Hearing for July 9, 2003, 9:00 a.m.

5/21/03 15 AYES: Cox, Jacob, Slater, Roberts, Horn

13. SUBJECT: APPLICATION FOR AND ACCEPTANCE OF FISCAL YEAR 2003-04 ENFORCEMENT ASSISTANCE GRANT FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (DISTRICT: ALL)

OVERVIEW: In 1991 the California Integrated Waste Management Board designated the Department of Environmental Health as the Solid Waste Local Enforcement Agency for permitting, inspection and enforcement on all solid waste sites throughout San Diego County, with the exception of the City of San Diego. The Local Enforcement Agency permits and inspects solid waste facilities, such as active landfills, inactive or closed landfills, transfer stations, composting and green waste chip and grind operations, and construction demolition and inert processing, for compliance with state regulations.

The Local Enforcement Agency, is seeking Board action to approve application to the California Integrated Waste Management Board for Fiscal Year 2003-04 Enforcement Assistance Grant for an estimated amount of $40,550 and accept the grant, if awarded. This grant would be utilized to acquire additional equipment, supplies, training and technical support.

FISCAL IMPACT: There is no impact in the current Fiscal Year. Funds for this request are included in the proposed budget for Fiscal Year 2003-04. The grant application package, which includes a Statement of Use and a Budget Report of the proposed grant expenditures, must be received by the California Integrated Waste Management Board (CIWMB) no later than May 30, 2003. The grant will result in an estimated $40,550 in revenue, which will be received beginning in Fiscal Year 2003-04, with an anticipated date of distribution August 2003, and will be used to offset expenditures. It is anticipated that this grant will be available in subsequent years in the same estimated dollar amount. If approved, this request will result in no additional staff years. These funds will be used to acquire and modernize equipment, purchase supplies, training, and technical support and pay salaries for two student interns. Program, division, departmental, and external overheads estimated to be $4,450 in Fiscal Year 2003-04 are ineligible expenses under the conditions of this grant. These overhead costs will be paid from facility annual permit and solid waste tonnage fee revenue. The Local Enforcement Agency will be required to place funds in an interest-bearing account and to maintain a separate accounting system to track the funds for audit purposes.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find in accordance with Section 15061 (b)(3) of the State of California Environmental Quality Act Guidelines that it can be seen with certainty that there is 5/21/03 16 no possibility that the activity in question may have a significant effect on the environment and that it is therefore not subject to CEQA.

2. Adopt a Resolution entitled Resolution Authorizing Enforcement Assistance Grants Application, and authorize the Director, Department of Environmental Health, as the agent of the County, to execute an Agreement with the California Integrated Waste Management Board in an amount estimated to be $40,550, for Local Enforcement Agency Permit and Inspection Program enhancements for Fiscal Year 2003-04, and to implement and carry out the purposes specified in the agreement.

3. Waive Board Policy B-29: Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, with respect to full cost recovery for the implementation of this grant due to requirements.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-093 entitled: RESOLUTION AUTHORIZING APPLICATION FOR ENFORCEMENT ASSISTANCE GRANTS.

14. SUBJECT: COUNTY TRACT NOS. 3649 AND 3786: APPROVAL OF SECURED MAINTENANCE AGREEMENT, LOCATED IN FALLBROOK PLANNING AREA (DISTRICT: 5)

OVERVIEW: Project developer William Lyon Homes, Inc., has requested to install improvements in the public right of way of Flowerwood Lane in the Sycamore Ranch Development. Sycamore Country Club, Inc., has agreed to assume perpetual maintenance of the improvements.

The project is located at the intersection of Flowerwood Lane and Pala Road (State Highway 76). (Thomas Guide, Page 1048, D-4, 2003 Edition)

This is a request to approve a secured agreement for ongoing maintenance of improvements installed in the Flowerwood Lane right of way. An encroachment permit to construct the improvements will be issued upon approval of the secured maintenance agreement.

FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Approve and authorize the Clerk of the Board of Supervisors to execute, upon receipt, 5/21/03 17 three copies of the Agreement For Maintenance of Improvements Installed in County Right Of Way. (Attachment B)

15. SUBJECT: ADMINISTRATIVE ITEM: CONTINUED NOTICE PUBLIC HEARING: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE, THE COUNTY CODE, AND THE RESOURCE PROTECTION ORDINANCE TO ELIMINATE THE NEED FOR COUNTY PARKS TO OBTAIN A MAJOR USE PERMIT (POD 01-05) (DISTRICT: ALL)

OVERVIEW: On May 7, 2003 (11), the Board introduced ordinance for further consideration and adoption on May 21, 2003. RECOMMENDATION: PLANNING COMMISSION: Adopt ordinance entitled:

AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE, THE COUNTY CODE, AND THE RESOURCE PROTECTION ORDINANCE TO ELIMINATE THE NEED FOR COUNTY PARKS TO OBTAIN A MAJOR USE PERMIT

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting Ordinance No. 9553 (N.S.), entitled: AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE, THE COUNTY CODE, AND THE RESOURCE PROTECTION ORDINANCE TO ELIMINATE THE NEED FOR COUNTY PARKS TO OBTAIN A MAJOR USE PERMIT.

5/21/03 18 16. SUBJECT: NOTICE OF PUBLIC HEARING: THE ISSUANCE OF TAX-EXEMPT BONDS BY THE ASSOCIATION OF BAY AREA GOVERNMENTS FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS TO BENEFIT SHARP HEALTHCARE AFFILIATES (DISTRICT: ALL)

OVERVIEW: Approve the tax-exempt financing by the Association of Bay Area Governments (“ABAG”), a joint powers authority. The County of San Diego is a member of this finance authority, which assists nonprofit corporations through the issuance of tax- exempt debt. The only role of the County of San Diego in this project is to approve the financing solely for purposes of satisfying the public approval requirement of Section 147(f) of the Internal Revenue Code (the “Code”) of 1986. Similar approvals have been given to other conduits, to be financed by ABAG.

Sharp Healthcare Affiliates has applied to ABAG Finance Authority for Nonprofit Corporations to issue two series of uninsured auction rate refunding bonds scheduled to close on or about June 18, 2003, and a second issue of uninsured fixed rate bonds to close later in July 2003. Sharp and ABAG are seeking one TEFRA hearing and County consideration for all three series of proposed bonds.

FISCAL IMPACT: If approved, this proposal will result in $1,000 of revenue to be used to fund the County’s Investor Relations Programs as approved by the Board of Supervisors in the County’s Debt Management Policy (B-65). No additional staff years will be required.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER AND DEBT ADVISORY COMMITTEE Adopt the resolution approving the tax-exempt financing and the issuance of the bonds by the ABAG for the Sharp Healthcare Affiliates solely for purposes of satisfying the requirements of the Code.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors, closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 03-094 entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO APPROVING THE ISSUANCE OF THE ABAG FINANCE AUTHORITY FOR NONPROFIT CORPORATIONS REVENUE BONDS (SAN DIEGO HOSPITAL ASSOCIATIONS), SERIES 2003, IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $145,000,000 FOR THE PURPOSE OF FINANCING AND REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT, FURNISHING AND EQUIPPING OF HEALTH CARE FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO.

5/21/03 19 AYES: Cox, Jacob, Slater, Roberts, Horn

17. SUBJECT: ADMINISTRATIVE ITEM: APPOINTMENTS (DISTRICT: ALL)

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

FISCAL IMPACT: N/A

RECOMMENDATION: SUPERVISOR HORN: Appoint Frank J. Valletta to the Assessment Appeals Board No. 3, to replace Douglas Best whose term has expired, for a term beginning September 8, 2003, term to expire September 4, 2006.

18. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: PRESERVING VACATION BENEFITS FOR EMPLOYEES ON MILITARY LEAVE (DISTRICT: ALL)

OVERVIEW: On May 13, 2003 (1), The Board introduced ordinance for further consideration and adoption on May 21, 2003.

RECOMMENDATION: CHAIRMAN COX: Adopt ordinance entitled:

AN ORDINANCE AMENDING THE COMPENSATION ORDINANCE

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, adopting Ordinance No. 9554 (N.S.), entitled: AN ORDINANCE AMENDING THE COMPENSATION 5/21/03 20 ORDINANCE.

19. SUBJECT: ADMINISTRATIVE ITEM: CONTINUED NOTICE PUBLIC HEARING: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: CLERK OF THE BOARD OF SUPERVISORS FEES (DISTRICT: ALL)

OVERVIEW: On May 13, 2003 (12), the Board introduced ordinance for further consideration and adoption on May 21, 2003.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt ordinance entitled:

AN ORDINANCE AMENDING SECTION 160.1, REPEALING SECTIONS 160.2, 160.3, 160.4 AND 160.5, AND ADDING SECTIONS 160.6 AND 160.7 OF THE ADMINISTRATIVE CODE RELATING TO FEES CHARGED BY THE CLERK OF THE BOARD OF SUPERVISORS.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting Ordinance No. 9555 (N.S.), entitled: AN ORDINANCE AMENDING SECTION 160.1, REPEALING SECTIONS 160.2, 160.3, 160.4 AND 160.5, AND ADDING SECTIONS 160.6 AND 160.7 OF THE ADMINISTRATIVE CODE RELATING TO FEES CHARGED BY THE CLERK OF THE BOARD OF SUPERVISORS.

20. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: PROTECTING BUSINESSES AND PUBLIC FACILITIES FROM ACID-ATTACK GRAFFITI (DISTRICT: ALL)

OVERVIEW: On May 13, 2003 (17), the Board introduced ordinance for further consideration and

5/21/03 21 adoption on May 21, 2003. RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt ordinance entitled:

AN ORDINANCE AMENDING SECTION 21.1401 OF THE SAN DIEGO COUNTY CODE RELATING TO THE STORAGE OF GLASS ETCHING PRODUCTS BY RETAIL ESTABLISHMENTS

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, adopting Ordinance No. 9556 (N.S.), entitled: AN ORDINANCE AMENDING SECTION 21.1401 OF THE SAN DIEGO COUNTY CODE RELATING TO THE STORAGE OF GLASS ETCHING PRODUCTS BY RETAIL ESTABLISHMENTS.

21. SUBJECT: ADMINISTRATIVE ITEM: CONTINUED NOTICE PUBLIC HEARING: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: ESTABLISHMENT AND ADJUSTMENT OF PROBATION DEPARTMENT FEES AND CHARGES (DISTRICT: ALL)

OVERVIEW: On May 13, 2003 (19), the Board introduced ordinance for further consideration and adoption on May 21, 2003. RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt ordinance entitled:

AN ORDINANCE AMENDING SECTION 363 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO PROBATION FEES AND CHARGES

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting Ordinance No. 9557 (N.S.), entitled: AN ORDINANCE AMENDING SECTION 363 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO PROBATION FEES AND CHARGES.

AYES: Cox, Jacob, Slater, Roberts, Horn 5/21/03 22 22. SUBJECT: ADMINISTRATIVE ITEM: CONTINUED NOTICE PUBLIC HEARING: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: ORDINANCE CHANGE FOR IMMUNIZATION SERVICE FEES (DISTRICT: ALL)

OVERVIEW: On May 13, 2003 (22), the Board introduced ordinance for further consideration and adoption on May 21, 2003. RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt ordinance entitled:

AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO PUBLIC HEALTH FEES

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting Ordinance No. 9558 (N.S.), entitled: AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO PUBLIC HEALTH FEES.

23. SUBJECT: PRESERVING AFFORDABLE HOUSING FOR MOBILE HOME OWNERS (DISTRICT: ALL)

OVERVIEW: San Diego County is currently one of the most expensive places to live in America. The high cost of housing here has created an increasingly difficult and unique situation for mobile home owners. While they already own their home, they often do not own the land on which it sits. They rent the land from the mobile home park owner, who controls the space rent. In some parks, mobile home residents--many of whom are seniors, disabled, or on fixed incomes--are nearing a point where they may be forced out of their homes, not because they cannot pay the mortgage, but because they cannot pay the rent for the land.

Some mobile home residents receive federal funding through the Section 8 rental assistance program. However, no resident can receive Section 8 funding without the permission of the park owner, and ironically, many residents do not qualify for Section 8 because their space rent exceeds the maximum allowable Section 8 Fair Market Rent 5/21/03 23 level. Those who do qualify for the program are placed on a waiting list that is two to six years long. As a result, some mobile home owners find themselves victims of the system, as they are not able to receive federal assistance, not able to afford the high cost of relocating their coach, and no longer able to afford their space rent.

In light of this critical need, today’s action will direct the Chief Administrative Officer to work with mobile home park owners and mobile home residents on the Mobile Home Issues Committee and return to the Board with recommendations on ways to preserve and protect affordable housing for mobile home residents in San Diego County.

FISCAL IMPACT: This action will result in the addition of no staff years and no future costs.

RECOMMENDATION: VICE CHAIRWOMAN JACOB: Direct the Chief Administrative Officer to work with mobile home park owners and mobile home residents on the Mobile Home Issues Committee and return to the Board with recommendations on ways to preserve and protect affordable housing for mobile home residents.

24. SUBJECT: PUBLIC COMMUNICATION Sheila Walson addressed the Board regarding parks in the community of Bonsall.

Chet Kalinolosko addressed the Board regarding security at Narconon.

William Micklin, Executive Director of the Kumeyaay Indians, addressed the Board regarding the notification to terminate of an offer of private funding for a county project. ACTION: Heard; referred to the Chief Administrative Officer.

25. SUBJECT: CLOSED SESSION (CARRYOVER FROM 5/20/03 NO. 2)

OVERVIEW:

5/21/03 24 A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) Cynthia McDowell v. County of San Diego, et al.; San Diego County Superior Court No. GIC 808379

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) County of San Diego v. Richard Mark Anderson, etc., et al.; San Diego Superior Court No. GIC 779428

C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) Rancho Viejo, LLC v. County of San Diego, et al.; San Diego County Superior Court No. GIC 762582

ACTION: No reportable items.

26. SUBJECT: PRESENTATIONS/AWARDS Supervisor Bill Horn presented a proclamation honoring Memorial Day to Dom Frankville, Chairman of the Memorial Day Committee at Ft. Rosecrans National Cemetery.

There being no further business, the Board adjourned at 4:35 p.m. in memory of Robert Burns, Alan B. Thum, and Dwight Thompson.

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

Notes by: Randolph

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.

5/21/03 25