County of San Diego Board of Supervisors s3

STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING - PLANNING AND LAND USE MATTERS WEDNESDAY, AUGUST 13, 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 9:05 a.m.

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

Approval of Statement of Proceedings/Minutes for the Meeting of July 30, 2003.

ACTION: ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meeting of July 30, 2003.

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

Public Communication - (No Speakers)

Board of Supervisors’ Agenda Items

1. CONTINUED NOTICED PUBLIC HEARING: SOUTHCOAST DEVELOPMENT; GENERAL PLAN AMENDMENT GPA 00-002, REZONE R99-003, TENTATIVE MAP TM 5179RPL3, AND MAJOR USE PERMIT P99-018 FOR A PROPOSED COMMERCIAL SHOPPING CENTER; LAKESIDE COMMUNITY PLANNING AREA (CARRYOVER FROM 7/30/03, AGENDA NO. 1)

2. CONTINUED NOTICED PUBLIC HEARING: HICKS TENTATIVE PARCEL MAP – TPM 20448RPL2; PENDELTON-DELUZ SUBREGION PLAN (CARRYOVER FROM 2/12/03, AGENDA NO. 2)

3. NOTICED PUBLIC HEARING: ALPINE MOBILEHOME ESTATES, ZONE RECLASSIFICATION (R01-004), MAJOR USE PERMIT MODIFICATION (P73-109W2) FOR A 13-SPACE EXPANSION, ALPINE COMMUNITY PLAN AREA

4. NOTICED PUBLIC HEARING: TIJUANA RIVER VALLEY - ACQUISITION OF APN 662-020-09 (HORWIN TRUST), 632-030-14 (WEISER TRUST) AND 632-040-15 (TONG/MCCARRON) [FUNDING SOURCE(S): PREVIOUSLY BUDGETED COASTAL CONSERVANCY

8/13/03 1 GRANT FUNDS]

5. NEW PROGRAM TO INCREASE CONSUMER AWARENESS ABOUT SCANNER ACCURACY

6. MITIGATION STRATEGIES FOR REDUCING RISKS FROM WILDLAND FIRES

7. TRAFFIC ADVISORY COMMITTEE CONTINUED ITEM – DISABLED PARKING SPACE ON BUGGYWHIP DRIVE IN SPRING VALLEY

8. REPORT ON USE OF EL TORO MARINE CORPS AIR STATION AS A COMMERCIAL AIRPORT

9. AGREEMENT WITH CONSULTANT FIRM FOR LANDFILL ENGINEERING SERVICES ON AN AS-NEEDED BASIS

10. AGREEMENTS WITH TWO CONSULTANT FIRMS TO PROVIDE FIELD SURVEY SERVICES ON AN AS-NEEDED BASIS [FUNDING SOURCE(S): TRANSNET]

11. SET HEARING FOR 9/17/03 VALLEY CENTER ROAD MITIGATION – ACQUISITION OF A PORTION OF ASSESSOR’S PARCEL NUMBER 185-010-97 (MCLAUGHLIN) [FUNDING SOURCE(S): TRANSNET]

12. ESTABLISHMENT OF APPROPRIATIONS AND ADVERTISEMENT TO BID AND AWARD A CONSTRUCTION CONTRACT – SPRING VALLEY PARK, PHASE II IMPROVEMENTS

13. AUTHORIZATION TO APPLY FOR AND ACCEPT GRANTS FROM TWO FUNDING PROGRAMS FOR THE SPRING VALLEY TEEN CENTER AND COLLIER COUNTY PARK [FUNDING SOURCE(S): GENERAL FUNDS, PROPOSITION 12 BOND ACT FUNDS, RAMONA PARK LAND DEDICATION ORDINANCE FUNDS, AND BUDGETED IN- KIND STAFF TIME]

14. SET HEARING FOR 9/17/03 BORREGO SPRINGS - OPEN SPACE ACQUISITION - SET A HEARING TO CONSIDER THE PURCHASE OF ASSESSOR'S PARCEL NUMBER 201-010-01 (MILLER) ON OLD SPRINGS ROAD IN BORREGO SPRINGS

15. APPOINTMENT TO THE COUNTY’S SCIENCE ADVISORY BOARD

16. PROPERTY TAX EXCHANGE RESOLUTION: VANDE VEGTE REORGANIZATION (LAFCO REF. NO. RO03-10)

8/13/03 2 17. PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – SUMMERVIEW DETACHMENT FROM VISTA IRRIGATION DISTRICT

18. PROPERTY TAX EXCHANGE RESOLUTION: CRESSY REORGANIZATION (LAFCO REF. NO. RO03-06)

19. COUNTY OF SAN DIEGO TRACT NO. 5259-1: APPROVAL OF MINOR REALIGNMENT OF TAVERN ROAD LOCATED IN THE ALPINE COMMUNITY PLANNING AREA

20. COUNTY OF SAN DIEGO TRACT NOS. 5004-1 THRU 5004-4: APPROVAL OF JOINT COMMUNITY FACILITIES AGREEMENT FOR PUBLIC IMPROVEMENTS IN VALLEY CENTER COMMUNITY PLAN AREA

21. ADMINISTRATIVE ITEM: COUNTY OF SAN DIEGO TRACT NO. 5241-1: APPROVAL OF FINAL MAP AND SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN THE NORTH COUNTY METRO PLANNING AREA

22. AN UPDATE ON PLANS FOR THE REGION’S ENERGY FUTURE (TIME CERTAIN FOR 9:00 A.M.)

23. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

24. CLOSED SESSION (CARRYOVER FROM 8/12/03 AGENDA ITEM NOS. 17 & OFF DOCKET 22)

8/13/03 3 1. SUBJECT: CONTINUED NOTICED PUBLIC HEARING: SOUTHCOAST DEVELOPMENT; GENERAL PLAN AMENDMENT GPA 00-002, REZONE R99-003, TENTATIVE MAP TM 5179RPL3, AND MAJOR USE PERMIT P99-018 FOR A PROPOSED COMMERCIAL SHOPPING CENTER; LAKESIDE COMMUNITY PLANNING AREA (DISTRICT: 2) (CARRYOVER FROM 7/30/03, AGENDA NO. 1)

OVERVIEW: On July 30, 2003 (1), the Board at the request of the Chief Administrative Officer continued the Hearing to August 13, 2003 at 9:00 a.m.

The proposed project is a General Plan Amendment to amend the existing Land Use Designation on a portion of the subject site from (5) Residential, (8) Residential and (14) Service Commercial to (13) General Commercial Land Use Designation and to Rezone the site from RS7 Residential, A70 Limited Agriculture, C44 Freeway Commercial and C37 Heavy Commercial to C36 General Commercial and S80 Open Space Use Regulations. The project also includes implementing permits consisting of a Major Use Permit for a Planned Development and a Tentative Map for an eight-lot commercial subdivision.

The site is proposed to be developed as a commercial shopping center consisting of a 57,500 square-foot retail building and approximately 32,000 additional square feet of building area for retail shops, restaurants, a service station with car wash, open space lot, along with on-site landscaping and associated parking. The project is approximately 11.5 acres in size and located at the southeast corner of Olde Highway 80 and Lake Jennings Park Road within the Lakeside Community Planning Area.

This is also a request to authorize the Director of Planning and Land Use to execute a Defense and Indemnification Agreement and to require security from the applicant.

FISCAL IMPACT: N/A

RECOMMENDATION: PLANNING COMMISSION: At the hearing on June 20, 2003, the Planning Commission reviewed the Environmental Impact Report (EIR), the proposed project and alternatives, but was unable to obtain 4 votes required to pass a motion. Under its Policy, PC2 the Commission is deemed to have recommended that the application be disapproved.

DEPARTMENT OF PLANNING AND LAND USE: 1. Take the following actions to approve the "Biologically Preferred Alternative" of the project: a. Adopt the "Environmental Findings" for this project (Attachment B). b. Adopt the Resolution approving GPA 00-002 for the reasons stated therein and

8/13/03 1 discussed in the report (Attachment C).

c. Adopt the attached Form of Ordinance to approve Rezone R99-003 (Attachment D).

d. Grant Major Use Permit P99-018 which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with The Zoning Ordinance (Attachment F).

e. Adopt the Resolution approving TM 5179RPL3, which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Subdivision Ordinance and State law (Attachment G).

2. Authorize the Director of Planning and Land Use to execute the Defense and Indemnification Agreement with the applicant and require security in the amount of $300,000 in the form of a Bond or Letter of Credit.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent, on the following Revised Recommendations:

1. Approve the withdrawal of this matter from the agenda;

2. Direct Chief Administrative Officer to prepare appropriate revisions to the Environmental Impact Report (EIR) and re-circulate the revised EIR for public review; and

3. Direct the Chief Administrative Officer to return the project to the Board of Supervisors for hearing at the earliest feasible time after recirculation of the EIR, providing public notice of the Hearing as required.

AYES: Cox, Jacob, Slater, Roberts, Horn

2. SUBJECT: CONTINUED NOTICED PUBLIC HEARING: HICKS TENTATIVE PARCEL MAP – TPM 20448RPL2; PENDELTON-DELUZ SUBREGION PLAN (DISTRICT: 5) (CARRYOVER FROM 2/12/03, AGENDA NO. 2)

OVERVIEW: On February 12, 2003 (2), the Board of Supervisors granted an extension until August 13, 2003 to allow time for the advertisement of the Mitigated Negative Declaration and preparation of the final documents necessary for completing the Tentative Parcel Map application. Prior to the February 2003 Board hearing, the Board of Supervisors granted a six-month time extension on August 7, 2002 and a one-year time extension on August 1,

8/13/03 2 2001. The Board of Supervisors granted these time extensions to allow the applicant time to

work with the County and complete all the necessary documentation for processing the minor subdivision application.

The project is a minor subdivision application in the Pendelton-Deluz Subregional Plan and proposes to subdivide 82.8 acres into 4 Parcels and a Designated Remainder Parcel ranging between 4 and 57 acres in size. The project site is zoned A70, Limited Agriculture (1 dwelling unit/2 or 4 acres) Use Regulation and is located within the (17) Estate Residential (1 dwelling unit/2 or 4 acres) and (18) Multiple Rural (1 dwelling unit/4, 8 or 20 acres) Land Use Designations.

FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER: Adopt the Final Notice of Approval approving TPM 20448RPL2 which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Subdivision Ordinance and State Law.

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

3. SUBJECT: NOTICED PUBLIC HEARING: ALPINE MOBILEHOME ESTATES, ZONE RECLASSIFICATION (R01-004), MAJOR USE PERMIT MODIFICATION (P73-109W2) FOR A 13-SPACE EXPANSION, ALPINE COMMUNITY PLAN AREA (DISTRICT: 2)

OVERVIEW: This is a request for Zone Reclassification and Major Use Permit Modification on a 2.40- acre portion of the existing Alpine Mobilehome Estates. The project proposes rezoning the 2.40-acre portion from the RV15 Variable Residential Family (14.5 dwelling units per acre) Use Regulations to RMH15 (14.5 dwelling units per acre) the Mobilehome Residential Use Regulations and a change to the Building Type Designator from "F" to "A". The Zone Reclassification is required pursuant to Section 6516(c) of The Zoning Ordinance. The Major Use Permit Modification will allow an additional 13-space expansion of the existing 152-space mobilehome park for a total of 165 mobilehome park spaces. The project is located at 2400 Alpine Boulevard in the Alpine Community Planning Area. The site is also subject to the “B” Community Design Review Designator

8/13/03 3 requirements for compliance with the Alpine Design Guidelines.

FISCAL IMPACT: N/A

RECOMMENDATION: PLANNING COMMISSION: 1. Recommend that the Board of Supervisors adopt the Ordinance approving a Zone Reclassification from (RV) Variable Residential to (RMH) Mobilehome Residential.

2. Recommend that the Board of Supervisors grant Major Use Permit Modification P73-109W2 that makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with The Zoning Ordinance.

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

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting Ordinance No. 9591 (N.S.), entitled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY REF: R01-004.

4. SUBJECT: NOTICED PUBLIC HEARING: TIJUANA RIVER VALLEY - ACQUISITION OF APN 662-020-09 (HORWIN TRUST), 632-030-14 (WEISER TRUST) AND 632-040- 15 (TONG/MCCARRON) (DISTRICT: 1)

OVERVIEW: On July 9, 2003 (22), the Board of Supervisors set a hearing for August 13, 2003 to consider the purchase of three parcels located within the Tijuana River Valley Regional Park Focus Planning Area. The parcels are identified as follows: 1. APN 662-020-09 (Horwin Trust) 2. APN 632-030-14 (Weiser Trust) 3. APN 632-040-15 (Tong/McCarron) The Horwin Trust parcel is located north of Monument Road and is bordered by State Park lands (Thomas Brothers Map reference 1349 H-5). The owner has agreed to sell the parcel to the County for the appraised value of $365,000. Following completion of the acquisition, the County expects to deed the parcel to the California Department of Parks and Recreation, and the State will assume responsibility for management of the parcel. The Weiser Trust and Tong/McCarron parcels are located on Seacoast Drive in Imperial Beach (Thomas Brothers Map reference 1349 E-1). The property owners have agreed to

8/13/03 4 sell the parcels to the County for the appraised values of $85,000 (Weiser) and $120,000 (Tong/McCarron). Following completion of the acquisitions, the County expects to deed these two parcels to the United States Fish and Wildlife Service for inclusion in the Tijuana Slough National Wildlife Refuge. The Board is requested to approve the contracts for the purchase of the three parcels. Funding for the acquisitions is provided by previously budgeted Coastal Conservancy Grand funds available in KA9730 - Tijuana River Valley Acquisitions. There is no cost to the General Fund resulting from the requested action.

FISCAL IMPACT: Funds for the purchase of the three parcels are budgeted in Capital Project KA9730 – Tijuana River Valley Acquisitions. The funding source is previously budgeted Coastal Conservancy Grant funds. If approved, today’s request will result in a current year cost of $570,000, and will require no additional staff years. There will be no cost to the General Fund resulting from this action. RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find, in accordance with Section 15325 of the California Environmental Quality Act (CEQA) Guidelines, that the proposed acquisition is exempt from CEQA, as it involves the acquisition of land to preserve the existing natural conditions, including plant and animal habitats.

2. Approve the Real Property Contracts for Assessor's Parcel Numbers 662-020-09 (Horwin Trust), 632-030-14 (Weiser Trust) and 632-040-15 (Tong/McCarron) and authorize the Clerk of the Board to execute two copies of each contract.

3. Direct the Director, Department of General Services, or assignee, to execute all escrow and related documents necessary to complete the purchases of the three properties.

4. Authorize the Director, Department of General Services, with concurrence from the Director, Department of Parks and Recreation, to deed ownership of the parcels as follows: Assessor's Parcel Number 662-020-09 (Horwin Trust) to the California Department of Parks and Recreation, and Assessor's Parcel Numbers 632-030-14 (Weiser Trust) and 632-040-15 (Tong/McCarron) to the United States Fish and Wildlife Service.

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

5. SUBJECT: NEW PROGRAM TO INCREASE CONSUMER AWARENESS ABOUT SCANNER ACCURACY (DISTRICT: ALL)

OVERVIEW:

8/13/03 5 On June 17, 2003 (1), at the request of Supervisor Jacob, the Board of Supervisors directed the Chief Administrative Officer to work with industry to create a consumer awareness program and to return to the Board of Supervisors within 60 days. The Board directed that the consumer awareness program include the following aspects: posting a sign notifying consumers of a failed scanner inspection in each store with overcharges, voluntary posting of a sign notifying consumers of a positive scanner inspection in each store with no overcharges, and notifying consumers of their rights at every scanner location in the region.

The proposed regulatory ordinance amendment will implement the Board’s directives by requiring stores failing inspection to post a notice for 10 days and will allow stores passing an inspection to post a notice on a voluntary basis for no more than 10 days. In addition, a notice of consumer rights will be required at every register. Lastly, because of the establishment of a new zip code effective June 30, 2003, this letter proposes to add the newly established zip code to the Direct Marketing travel fee zip code designations.

FISCAL IMPACT: This proposal has no impact to the Department of Agriculture, Weights and Measures’ Fiscal Year 2003-04 Operational Plan. No additional staff years are required to support this request.

BUSINESS IMPACT STATEMENT: The Department met with scanner program stakeholders on June 25, 2003 to obtain comments and suggestions for the development of a scanner accuracy consumer awareness program. The Department met with stakeholders again on July 8, 2003 to obtain feedback regarding the draft program proposal. Stakeholder reactions varied somewhat, but the majority of the comments indicated apprehension regarding public postings of violations. Concerns were expressed regarding the timeliness of such postings in relation to the dates on which violations actually occurred, considering the time taken for prosecutorial or enforcement actions. Industry representatives did express appreciation that violation notices would be posted only after a case is adjudicated, ensuring due process. They also expressed appreciation for the opportunity to provide comments and input into the process.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Approve the introduction of the Ordinances (first reading), read titles and waive further reading of the Ordinances.

AN ORDINANCE REPEALING SECTIONS 21.2010 THROUGH 21.2015 AND ADDING SECTIONS 21.2010 THROUGH 21.2017 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO AUTOMATED POINT-OF-SALE STATIONS

AN ORDINANCE AMENDING SECTION 364.3 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE TO ADD A NEWLY ESTABLISHED ZIP CODE TO THE DIRECT MARKETING TRAVEL FEE ZIP CODE

8/13/03 6 DESIGNATIONS

Submit the Ordinances for further Board consideration and adoption (second reading) on September 17, 2003.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended; directed the Chief Administrative Officer to come back in 12 months with a report; and introduced Ordinances for further Board consideration on September 17, 2003.

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

6. SUBJECT: MITIGATION STRATEGIES FOR REDUCING RISKS FROM WILDLAND FIRES (DISTRICT: ALL)

OVERVIEW: On August 13, 2002 (27), at the request of Supervisor Jacob, your Board directed staff to assemble a regional team of specialists from local, county, state and federal agencies to develop a comprehensive plan to address the wildland fire problem in San Diego’s unincorporated area. The Board directive specified fuel breaks, controlled burns, clearing of hazardous brush, removal of dead trees, and bark beetle as areas of concern. The San Diego County Wildland Fire Task Force was formed soon thereafter, providing a broad base of expertise including specialists in fire, land management, wildlife and the environment with members from various regional agencies and local environmental groups. In the months that followed, Task Force members met repeatedly, both as a whole and in sub-committees, to fully define the issues of wildland fire risks and seek real mitigation solutions. The Department of Agriculture, Weights and Measures then prepared a comprehensive report to record the Task Force’s research and discussion of regional wildland fire issues and to present theTask Force’s findings and mitigation recommendations to the Board.

This is a request to receive the report of the San Diego County Wildland Fire Task Force and to continue the working group in order to pool fire-related data, collaborate for regional solutions, prioritize and implement the recommendations and seek new funding to expand the County’s ability to utilize fire risk mitigation tools. In addition, this is a request to authorize the Chief Administrative Officer to seek additional State and federal funding for wildland fire mitigation projects to fulfill the recommendations of the Wildland Fire Mitigation Task Force.

FISCAL IMPACT: This proposal has no impact to the Department of Agriculture, Weights and Measures’ Fiscal Year 2003-04 Operational Plan. No additional staff years are required to support this request. Should grant funding become available, departments will return to the Board for authorization to accept funds.

8/13/03 7 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Receive the report entitled Mitigation Strategies for Reducing Wildland Fire Risks.

2. Direct the Chief Administrative Officer to establish a Wildland Fire Technical Working Group that will meet quarterly to continue wildland fire mitigation efforts.

3. Authorize the Chief Administrative Officer to seek additional State and federal funding for wildland fire mitigation projects and to apply for grant opportunities as they arise.

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

7. SUBJECT: TRAFFIC ADVISORY COMMITTEE CONTINUED ITEM – DISABLED PARKING SPACE ON BUGGYWHIP DRIVE IN SPRING VALLEY (DISTRICT: 2)

OVERVIEW: On June 18, 2003 (6, 2-G), and July 30, 2003 (17) the Board continued the matter of repealing an existing disabled parking space on the north side of Buggywhip Drive, from a point 80 feet west of the west line of Bar Bit Road westerly 40 feet, to allow time for staff to discuss the issue with stakeholders.

On June 26, 2003, a meeting was held with Mr. Boughner and his attorney (Mr. Jeffrey L. Brown). Also present were representatives from the California Highway Patrol – El Cajon Office, County Counsel, Spring Valley Community Planning Group and the Department of Public Works. The meeting included a recap of actions and determinations that led to the April 25, 2003 TAC recommendation for the Board to repeal the disabled parking space.

At the meeting, Mr. Boughner represented that the disabled parking space allows him to continue to use his motorhome to provide transportation for himself and the other disabled persons living with him, and that the facilities provided within the motorhome serve to accommodate disabled persons in a manner which would not be possible in a small passenger vehicle. Mr. Boughner further represented that he intends to relocate at the end of the summer. Based on this information, this is a request that the Board allow the existing disabled parking space to remain.

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

RECOMMENDATION:

8/13/03 8 CHIEF ADMINISTRATIVE OFFICER Do not repeal the existing disabled parking space on the north side of Buggywhip Drive from a point 80 feet west of the west line of Bar Bit Road westerly 40 feet, as previously recommended by the Traffic Advisory Committee.

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

8. SUBJECT: REPORT ON USE OF EL TORO MARINE CORPS AIR STATION AS A COMMERCIAL AIRPORT (DISTRICT: ALL)

OVERVIEW: On Tuesday, July 8, 2003, two members of the public, Allan Beek and Shirley Conger, both of Orange County, spoke to the Board. They requested that the Board support the City of Los Angeles’ proposal to the Federal Department of Transportation to convert the El Toro military airfield in Orange County to a commercial airport as part of the Los Angeles World Airways system. They presented the following documents all in favor of siting a commercial airport at El Toro: 1) A proposal from the City of Los Angeles to the U.S. Department of Transportation to lease the airfield and develop it as part of the Los Angeles World Airways system; 2) A letter to Chairman Cox from the Airport Working Group of Orange County, Inc.; 3) A San Diego Union-Tribune editorial; 4) A Resolution of the Orange County Regional Airport Authority comprised of 14 North Orange County Cities; 5) Senate Resolution 23 Relative to Aviation; and, 6) A motion of the Los Angeles County Board of Supervisors. The Board directed the Chief Administrative Officer to provide this staff report regarding the issue.

The debate over whether to develop El Toro airfield into a commercial airport began in 1993, and has been highly controversial. In 2002, a countywide initiative, Measure W, was approved by Orange County voters. The initiative called for non-airport mixed use of the closed base. In response to this initiative, the City of Los Angeles has proposed that the Navy transfer the El Toro airfield to the United States Department of Transportation, which would then lease it to the City of Los Angeles to construct a commercial airfield. Los Angeles estimates that within 15 years the commercial airport could serve 28.8 million passengers per year. A July 22, 2003 letter from U.S. Secretary of Transportation Norman Mineta to Newport Beach Congressman Christopher Cox, however, indicates that the Federal Government does not intend to block the sale of El Toro to private developers. This action is in alignment with Orange County Measure W.

FISCAL IMPACT: Receipt of this report will have no fiscal impact.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER

8/13/03 9 Receive this report.

ACTION: The Board of Supervisors received the report.

9. SUBJECT: AGREEMENT WITH CONSULTANT FIRM FOR LANDFILL ENGINEERING SERVICES ON AN AS-NEEDED BASIS (DISTRICT: ALL)

OVERVIEW: The Department of Public Works has a need for a consultant to provide landfill, engineering and construction management services on an as-needed basis. Regulatory agency requirements related to inactive landfills have accelerated the County’s need for consultant services. The consultant will provide landfill design and construction support services.

Public agencies in California must use a Qualifications Based Selection method to contract for consultant services. This method requires such services be engaged on basis of demonstrated competence and qualifications for type of services to be performed at a fair and reasonable cost. Board Policy F-40, Procuring Architectural, Engineering and Related Professional Services, describes the County’s method for Qualifications Based Selection. In accordance with provisions of this Policy, a selection committee selected the three best qualified candidates out of seven firms that responded to a countywide solicitation to be interviewed. URS Corporation Americas was selected as most qualified to perform required services.

This is a request to approve and authorize execution of an agreement with URS Corporation Americas to provide engineering and construction management services for County inactive landfills, on an as-needed basis, for compensation not to exceed $350,000. Agreement to terminate on June 30, 2005, or when funds are exhausted or services no longer required, with option to extend termination date by written mutual agreement if original funding remains available.

FISCAL IMPACT: Funds for this request are budgeted in the Department of Public Works Fiscal Year 2003- 04 Landfill Management Budget. Funding source is Solid Waste Environmental Trust Fund. If

approved, this request will result in $350,000 in current year cost, no annual cost and will require no additional staff years. There will be no impact to the General Fund.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find proposed action is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15060(c)(3) of the State CEQA Guidelines because

8/13/03 10 it is not a project as defined by Section 15378.

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

3. Approve and authorize the Clerk of the Board to execute, upon receipt, three originals of the Agreement with URS Corporation Americas to provide engineering and construction management services for County inactive landfills on an as-needed basis, for compensation not to exceed $350,000. Agreement to terminate on June 30, 2005, or when funds are exhausted or services no longer required, with option to extend termination date by written mutual agreement if original funding remains available.

4. Designate the Director, Department of Public Works, as County Officer responsible for administering the contract.

10. SUBJECT: AGREEMENTS WITH TWO CONSULTANT FIRMS TO PROVIDE FIELD SURVEY SERVICES ON AN AS-NEEDED BASIS (DISTRICT: ALL)

OVERVIEW: The Department of Public Works has need for consultants to provide survey services during peak workload periods for various projects. Surveys must be conducted by qualified licensed surveyors with an understanding of construction practices, standards, plans, and specifications. Using a private consultant on an as-needed basis will enhance the Department’s ability to provide required construction surveys and staking for public works projects during peak times and to complete such projects in a timely manner.

Public agencies in California must use a Qualifications Based Selection method to contract for consultant services. This method requires such services be engaged on the basis of demonstrated competence and qualifications for types of services to be performed at a fair and reasonable cost. Board Policy F-40 (Procuring Architectural, Engineering and Related Professional Services) describes the County’s method for Qualifications Based Selection. In accordance with the provisions of this Policy, consultant firms from the Joint County/City/Port of San Diego list for Survey Services were interviewed. Nolte Associates, Inc. and Hirsch and Company were selected as the most qualified firms to perform required services. This is a request to approve agreements with consultants to provide as-needed survey services for compensation not to exceed $250,000 each. Each agreement will terminate on June 30, 2006, or when funds are exhausted or services are no longer required, whichever shall occur first. Termination date may be extended by written mutual agreement if original funding remains available.

8/13/03 11 FISCAL IMPACT: Funds for this request are budgeted in the Department of Public Works Detailed Work Program for Fiscal Year 2003-04. Funding source is identified as TransNet; all non- TransNet projects undertaken under these agreements will be reimbursed from appropriate funding sources. If approved, this request will result in $500,000 current year cost, no annual cost, and will require no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find 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 services can be provided more economically and efficiently by the proposed independent contractors than by persons employed in the classified service.

3. Approve and authorize the Clerk of the Board to execute, upon receipt, three originals of the separate agreements with Nolte Associates, Inc., and Hirsch and Company to provide survey services on an as-needed basis for compensation not to exceed $250,000. Agreements will terminate on June 30, 2006, or when funds are exhausted or services no longer required, with option to extend termination date by written mutual agreement if original funding remains available.

4. Designate the Director, Department of Public Works, as County Officer responsible for administering the contracts.

11. SUBJECT: SET HEARING FOR 9/17/03 VALLEY CENTER ROAD MITIGATION – ACQUISITION OF A PORTION OF ASSESSOR’S PARCEL NUMBER 185-010-97 (MCLAUGHLIN) (DISTRICT: 5)

OVERVIEW: The Valley Center Road Improvement Project is a part of the Department of Public Works 2003-04 Detailed Work Program for road improvement projects. The first phase of the project will construct improvements from the east end of Escondido extending 2.5 miles up the Valley Center Road summit. Construction is scheduled to begin in September 2003 and includes widening the right of way to accommodate four 12 to14-foot wide lanes, a 14 to18-foot wide painted center median, two 5-foot bike lanes and an unpaved shoulder varying between 5 to 10 feet wide.

8/13/03 12 Prior to construction, the County must obtain various permits from the Army Corps of Engineers, the California Department of Fish and Game and the Regional Water Quality Control Board. The permits require the County to mitigate impacts of the road construction on existing wetland property by enhancing or creating other wetland areas on or near the project.

County staff is working to meet this requirement, and has located several potential mitigation sites along the project. Staff has negotiated the acquisition of a 2.2-acre open space mitigation easement that will partially fulfill mitigation requirements for the Valley Center Road Project. The Board is requested to set a hearing date for September 17, 2003 to consider the easement acquisition over a portion of Assessor’s Parcel Number 185-010- 97 (McLaughlin) for the appraised value of $55,000 (Thomas Guide page 1069, C6).

FISCAL IMPACT: There is no fiscal impact associated with this request to publish the Notice of Intention to Purchase and to set a hearing to consider approval of the purchase. Should the Board approve the purchase on September 17, 2003, the funding source for the acquisition will be TransNet revenue and will result in current year cost of $55,000, no subsequent year cost, and will require no additional staff years. There will be no cost to the General Fund as a result of this action.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the Draft Environmental Impact Report for the Valley Center Road Widening Project, SCH No. 1999021081, on file in the Department of Public Works has been completed in compliance with California Environmental Act (CEQA) and State and County CEQA Guidelines, that the decision-making body has reviewed and considered the information contained therein prior to approving the project, and that the EIR reflects the independent judgment and analysis of the Board of Supervisors.

2. Find that there are no changes in the project or in circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously certified EIR, dated February 2000, or a substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since the EIR was prepared.

3. Direct the Clerk of the Board of Supervisors to publish the required Notice of Intention to purchase in accordance with Government Code Sections 25350 and 6063.

4. Set this matter for September 17, 2003 at which time the Board may consummate the purchase of a portion of Assessor’s Parcel Number 185-010-97 from Jennifer McLaughlin for $55,000.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of

8/13/03 13 Supervisors took action as recommended, on Consent, setting Hearing for September 17, 2003, at 9:00 a.m.

12. SUBJECT: ESTABLISHMENT OF APPROPRIATIONS AND ADVERTISEMENT TO BID AND AWARD A CONSTRUCTION CONTRACT – SPRING VALLEY PARK, PHASE II IMPROVEMENTS (DISTRICT: 2)

OVERVIEW: Spring Valley Park is a local park located in the Community of Spring Valley, which consists of approximately 5.8 acres. On July 3, 2003, the Spring Valley Park Improvements Project, Phase I was completed and the park was opened to the public. With Phase I complete, the Department of Parks and Recreation is ready to begin Phase II of the Spring Valley Improvements Project, which will include the expansion of an existing parking lot, improvement of park circulation, and minor irrigation and landscaping.

On April 29, 2003 (21) the Board of Supervisors approved the 2003/2004 Community Development Block Grant/HOME Investment Partnerships/Emergency Shelter Grant Annual Funding Plan, which included $120,000 for the construction of the Spring Valley Park Improvements Project, Phase II.

The proposed actions will establish appropriations of $120,000 in CDBG funds, and additional appropriations of $84,000 based on fund balance availability from the Spring Valley Park Land Dedication Ordinance, for a total of $204,000 in Capital Project KN4461 to supplement the project; and authorize advertisement for public bidding and award of a construction contract estimated at $187,000, including ten-percent contingency, for project costs, including construction inspection services, engineering, and project contract administration.

FISCAL IMPACT: The proposed actions will result in the appropriation of $204,000 for the Spring Valley Park Improvement Project, Phase II in the Capital Outlay Fund (KN4461): 1) $120,000 in previously awarded grant funds from FY2003/2003 Community Development Block Grant Funds; and, 2) $84,000 from the Spring Valley Park Land Dedication Ordinance based on fund balance availability. If approved, the proposed actions will also award a construction contract estimated at $187,000, including 10% contingency, for construction of the project. Remaining project funds of approximately $17,000 will be used for related project costs, including construction inspection services and project contract administration costs.

Operations and maintenance of the constructed facilities will be the responsibility of San Miguel Local Park District – County Service Area 128. There will be no additional cost to the General Fund resulting from these actions.

8/13/03 14 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that Phase II of the Spring Valley Park Improvements Project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301.

2. Establish appropriations of $84,000 in the Spring Valley Park Land Dedication Ordinance – PLDO (Operating Transfer Out), for Phase II of the Spring Valley Park Improvements project, based on Fund Balance Available in the Spring Valley PLDO. (4 Votes)

3. Establish Appropriations of $84,000 in the Capital Outlay Fund for Capital Project KN4461, Spring Valley Park Improvements Phase II, based on an Operating Transfer from the Spring Valley PLDO. (4 Votes)

4. Establish Appropriations of $120,000 in the Capital Outlay Fund for Capital Project KN4461, Spring Valley Park Improvements Phase II, based on FY2003/2004 Community Development Block Grant Funds. (4 Votes)

5. Authorize the Director of the Department of Purchasing and Contracting to take any action authorized by section 401 et seq. of the Administrative Code with respect to contracting for the Spring Valley Park Improvements Project, Phase II.

13. SUBJECT: AUTHORIZATION TO APPLY FOR AND ACCEPT GRANTS FROM TWO FUNDING PROGRAMS FOR THE SPRING VALLEY TEEN CENTER AND COLLIER COUNTY PARK. (DISTRICT: 2)

OVERVIEW: The Department of Parks and Recreation is requesting the Board of Supervisors to ratify one grant application, authorize another grant application and authorize acceptance of the grants, as part of an overall annual funding strategy. If awarded, these grant funds will be used for two Department projects and directly address Fiscal Year 2003-2004 Strategic Initiatives on Kids, the Environment, and Safe and Livable Communities. The grant programs and funding are detailed below. California Adolescent Nutrition and Fitness Program The California Adolescent Nutrition and Fitness (CANFit) Program provides $100,000 annually in funds for youth serving organizations to improve the nutritional status and physical fitness of California's low-income, African American, American Indian, Latino,

8/13/03 15 and/or Asian/Pacific Islander youth 10-14 years old. Only organizations that have successfully completed a California Adolescent Nutrition and Fitness Program Planning grant are eligible to apply for an Intervention grant. The Department of Parks and Recreation successfully implemented a Planning grant at the Lakeside Teen Center and completed an Intervention grant at the Spring Valley Teen Center. This action will authorize the filing of an application in an amount up to $25,000 for an Intervention grant proposal to be implemented at the Spring Valley Teen Center in Fiscal Year 2003-2004 and accept the grant funds, if awarded. There is no match requirement for this grant program.

California Integrated Waste Management Board Playground Cover Grant Program Public entities that operate and manage public playgrounds in California can apply for this grant, which provides funding for installation of rubberized surfacing made from California waste tires. This program requires a 50% match of project costs from non- California Integrated Waste Management Board funds. The match funds will be provided by General Fund and Ramona Park Land Dedication Ordinance funding sources and existing budgeted staff time. The deadline for this grant application did not allow sufficient time to receive Board authorization prior to submitting the application. This proposed action will ratify the previously submitted application to the California Integrated Waste Management Board for the 2003/2004 Playground Cover Grant Program, in the amount of $25,000, to purchase and install poured-in-place rubber surfacing and accept the grant funds, if awarded. The playground and surfacing will be constructed in compliance with the Americans with Disabilities Act and current safety standards.

FISCAL IMPACT: The proposed actions will authorize the submittal of competitive grant applications requesting a total up to $50,000 in grant funds. There is no guarantee either grant will be awarded or that, if awarded, the grants will be for the amounts requested. If the applications are approved, the Department will appropriate the awarded grant funds in a quarterly budget adjustment letter. There is no matching requirement for the California Adolescent Nutrition and Fitness grant program. The Waste Tire Playground Cover grant program 50% match requirement could be provided through a variety of funding sources including General Funds, Proposition 12 Bond Act Funds, Ramona Park Land Dedication Ordinance Funds, and budgeted in-kind staff time. The proposed actions will require the addition of zero (0) positions.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Authorize the Director of Parks and Recreation or her designee to apply for and accept grant funds, if awarded, from the California Adolescent Nutrition and Fitness grant program for an Intervention Program at Spring Valley Teen Center, and to execute in the name of the County of San Diego all necessary documents, including but not limited to, applications, agreements, amendments and payment requests necessary to secure grant funds and to implement and carry out the purposes specified in the grant application.

8/13/03 16 2. Ratify the application filed with the California Integrated Waste Management Board for a $25,000 grant from the 2003-2004 Playground Cover Grant Program. Authorize the Assistant Director of Parks and Recreation or his designee to accept grant funds, if awarded, for installation of poured-in-place rubber surfacing made from 100% recycled California waste tires at Collier County Park and to execute in the name of the County of San Diego all necessary documents, including but not limited to, applications, agreements, amendments and payment requests necessary to secure grant funds and to implement and carry out the purposes specified in the grant application.

3. Adopt a Resolution entitled,

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO APPROVE THE APPLICATION FOR AND ACCEPTANCE OF GRANT FUNDS FOR THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD PLAYGROUND COVER GRANT PROGRAM.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-202 entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO APPROVE THE APPLICATION FOR AND ACCEPTANCE OF GRANT FUNDS FOR THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD PLAYGROUND COVER GRANT PROGRAM.

14. SUBJECT: SET HEARING FOR 9/17/03 BORREGO SPRINGS - OPEN SPACE ACQUISITION - SET A HEARING TO CONSIDER THE PURCHASE OF ASSESSOR'S PARCEL NUMBER 201-010-01 (MILLER) ON OLD SPRINGS ROAD IN BORREGO SPRINGS (DISTRICT: 5)

OVERVIEW: On June 11, 2003 (6), the Board authorized the Chief Administrative officer to initiate negotiations and identify potential funding sources for the acquisition of a 161-acre parcel on Old Springs Road in Borrego Springs, identified as Assessor's Parcel Number 201-010- 01 (Thomas Brothers Map reference 410–C8, D8). The subject parcel contains many sensitive and endangered plant and animal species and provides wildlife corridors and sensitive habitat linkages. The property is owned by Brant and Camille Miller.

The Board is requested to set a hearing for September 17, 2003, to consider the purchase of the Old Springs Road parcel for the appraised value of $120,000. Funding for this acquisition is budgeted in KA9500 – Open Space/Multiple Species Conservation Program. There will be no cost to the General Fund resulting from the requested action.

FISCAL IMPACT:

8/13/03 17 There is no fiscal impact associated with this request to publish the Notice of Intention to Purchase and set a hearing to consider the approval of the purchase. Should the Board approve the purchase of Assessor's Parcel Number 201-010-01 (Miller) on September 17, 2003, funds for the acquisition, in the amount of $120,000 are available and previously budgeted in KA9500 – Open Space/Multiple Species Conservation Program. No additional staff years are associated with this request.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Direct the Clerk of the Board of Supervisors to publish the required Notice of Intention to Purchase in accordance with Government Code Sections 25350 and 6063.

2. Set this matter for September 17, 2003, at which time the Board of Supervisors may consummate the purchase of Assessor's Parcel Number 201-010-01 (Miller).

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent, setting Hearing for September 17, 2003, at 9:00 a.m.

15. SUBJECT: APPOINTMENT TO THE COUNTY’S SCIENCE ADVISORY BOARD (DISTRICT: ALL)

OVERVIEW: On April 14, 1992 (45), the Board of Supervisors adopted a resolution to establish the Science Advisory Board for San Diego County. The purpose of the Science Advisory Board is to provide scientific and technological input and recommendations to the Board of Supervisors and Chief Administrative Officer on issues that affect economic policies. The Science Advisory Board has eleven members.

In April 2003 Dr. Walter Munk submitted his resignation to the Science Advisory Board. At their June 27, 2003 meeting, the Science Advisory Board unanimously recommended that Dr. Paul K. Dayton be appointed as the new member of the Science Advisory Board. Dr. Dayton has a Ph.D. from the University of Washington and is a professor at Scripps Institution of Oceanography, University of California, San Diego. Dr. Dayton’s Curriculum Vita is attached.

FISCAL IMPACT: None

8/13/03 18 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Appoint Dr. Dayton to a three-year term on the Science Advisory Board, term to expire July 15, 2006.

16. SUBJECT: PROPERTY TAX EXCHANGE RESOLUTION: VANDE VEGTE REORGANIZATION (LAFCO REF. NO. RO03-10) (DISTRICT: 5)

OVERVIEW: Section 99 of the Revenue and Taxation Code requires that the Board of Supervisors adopt a property tax exchange before the Local Agency Formation Commission can process a proposal for jurisdictional change. A reorganization request has been filed with the Local Agency Formation Commission that requires Board action representing special districts.

Proposed is a reorganization involving annexation of .81-acre to the Vallecitos Water District with concurrent detachment from the Vista Irrigation District.

FISCAL IMPACT: This action will have no fiscal impact on the County.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER: Adopt a Resolution entitled:

RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES.

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 03-203, entitled: RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES.

8/13/03 19 17. SUBJECT: PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – SUMMERVIEW DETACHMENT FROM VISTA IRRIGATION DISTRICT (DISTRICT 5)

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

The proposal is the detachment from Vista Irrigation District of two vacant parcels totaling 4.19 acres. The property is in both Vista Irrigation District and the City of Oceanside and the detachment is necessary to resolve an overlap of service responsibility.

FISCAL IMPACT: The proposal will result in a small increase in the County’s share of annual tax increment in the area.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER Adopt a Resolution entitled:

RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES

18. SUBJECT: PROPERTY TAX EXCHANGE RESOLUTION: CRESSY REORGANIZATION (LAFCO REF. NO. RO03-06) (DISTRICT: 5)

OVERVIEW: Section 99 of the Revenue and Taxation Code requires that the Board of Supervisors adopt a property tax exchange before the Local Agency Formation Commission can process a proposal for jurisdictional change. A reorganization request has been filed with the Local Agency Formation Commission that requires Board action representing special districts.

Proposed is a reorganization involving annexation of 3.06 acres to the Vallecitos Water District with concurrent detachment from the Vista Irrigation District.

FISCAL IMPACT:

8/13/03 20 This action will have no fiscal impact on the County.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER: Adopt a Resolution entitled:

RESOLUTION REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO JURISDICTIONAL CHANGES.

19. SUBJECT: COUNTY OF SAN DIEGO TRACT NO. 5259-1: APPROVAL OF MINOR REALIGNMENT OF TAVERN ROAD LOCATED IN THE ALPINE COMMUNITY PLANNING AREA (DISTRICT: 2)

OVERVIEW: A private development project in the Alpine community proposes to subdivide 30.90 acres into 10 single-family residential lots. As a condition of tentative approval, that project is required to grant irrevocable offers of dedication for public right-of-way for the future alignment of Tavern Road (SA380) as shown in the County general plan. The portion of Tavern Road is approximately ½ mile south of South Grade Road (Thomas Guide, Page 1253, J-3, 2003 Edition).

The project is being brought before the Board for approval of minor realignment of Tavern Road (SA380).

FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find there are no changes in the project or in the circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously adopted Negative Declaration (ND), or a substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since said ND was prepared.

2. Approve minor realignment of the circulation element road known as Tavern Road (SA380), as shown on attachment “B”.

8/13/03 21 ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent.

20. SUBJECT: COUNTY OF SAN DIEGO TRACT NOS. 5004-1 THRU 5004-4: APPROVAL OF JOINT COMMUNITY FACILITIES AGREEMENT FOR PUBLIC IMPROVEMENTS IN VALLEY CENTER COMMUNITY PLAN AREA (DISTRICT: 5)

OVERVIEW: Woods Valley Ranch is a residential subdivision consisting of 270 single-family residential lots located on a total of 412 acres in the Valley Center area, on Woods Valley Road, approximately 1/3 mile east of Valley Center Road. (Thomas Guide, Page 1090, F-5, 2003 Edition) The subdivision is depicted on County of San Diego Tentative Map Nos. 5004-1, 5004-2, 5004-3 and 5004-4 and Final Map Nos. 14450, 14451, 14452 and 14453 respectively

The County received a request from Woods Valley Ranch, LLC (owner), and the Valley Center Pauma Unified School District to enter into a joint community facilities agreement. This agreement will outline responsibility for financing, construction, repair and maintenance of public facilities. County approval is required as the County will own the public facilities after construction and acceptance.

This is a request to approve the Joint Community Facilities Agreement to finance public facilities to be constructed by or on behalf of the owner and the Valley Center-Pauma Unified School District.

FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find 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. Approve and authorize the Clerk of the Board of Supervisors to execute the Joint Community Facilities Agreement between County of San Diego, Valley Center-Pauma Unified School District and Woods Valley Ranch, LLC (Attachment B).

8/13/03 22 AYES: Cox, Jacob, Slater, Roberts, Horn

21. SUBJECT: ADMINISTRATIVE ITEM: COUNTY OF SAN DIEGO TRACT NO. 5241-1: APPROVAL OF FINAL MAP AND SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN THE NORTH COUNTY METRO PLANNING AREA

OVERVIEW: This project is a subdivision consisting of 36 single-family residential lots, 1 street lot, and a total of 42.2 acres. It is located in the Vista area east of Buena Vista Drive between Mar Vista Drive and Lupine Hills Drive. (Thomas Guide, Page 1107, H3, 2003 Edition).

The project is being brought before the Board for approval of final map, secured agreement for public and private improvements, and the Stormwater Facilities Maintenance Agreement. Also to authorize the Director of Public Works to approve all future stormwater maintenance agreements.

FISCAL IMPACT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Approve this map and accept on behalf of the public, subject to improvements, Park Hill Road for use as a street as dedicated on said map.

2. Accept access rights from portions of Lots 1 and 2 reserved for future street in and to Park Hill Road as dedicated on said map

3. Accept access rights from portions of Lots 27 and 28 in and to Miramar Drive as relinquished and waived on said map.

4. Reject on behalf of the public a portion of Miramar Drive (SC 1240) as offered for dedication on said map.

5. Reject on behalf of the public access rights from portions of Lots 22 and 23 in and to Miramar Drive (SC 1240) as relinquished and waived on said map.

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

7. Approve and authorize the Clerk of the Board of Supervisors to execute the Stormwater

8/13/03 23 Facilities Maintenance Agreement with Easement and Covenants (Attachment E).

8. Authorize the Director, Department of Public Works, to approve and execute future Stormwater Facilities Maintenance Agreements with Easement and Covenants, as a part ofnormal final map processing.

9. Find that subordination of existing utility easements is not necessary in the areas of new road dedications on this map.

22. SUBJECT: AN UPDATE ON PLANS FOR THE REGION’S ENERGY FUTURE (DISTRICT: ALL)

OVERVIEW: Last year, the California Public Utilities Commission (CPUC) ordered all regulated electric utilities to prepare and file long-term plans that outline how each utility intends to meet energy demand over the next two decades. San Diego Gas and Electric (SDG&E) has submitted its 20-year Energy Resource Plan to the CPUC. A Commission decision is expected by the end of the year.

Similarly, the Regional Energy Policy Advisory Committee, under the auspices of the San Diego Association of Governments (SANDAG), has developed a long-term regional energy plan. The two-part Regional Energy Strategy was crafted with community input by a broad advisory panel including representatives from the County of San Diego, City of San Diego, business leaders and the Utility Consumers Action Network (UCAN). If adopted, it will become part of SANDAG’s Regional Comprehensive Plan.

California’s electricity crisis and the rolling blackouts of 2000 underscore how important it is that the County continues to monitor energy issues from a local perspective. Today’s action would give the Board an update on two important regional energy plans, each of which is designed to ensure San Diego a safe and reliable supply of energy.

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

RECOMMENDATION: VICE CHAIRWOMAN JACOB AND SUPERVISOR ROBERTS: Receive the SDG&E 20-year Energy Resource Plan and the REPAC Regional Energy Strategy 2030.

ACTION:

8/13/03 24 The Board of Supervisors received the presentations.

23. SUBJECT: ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (DISTRICTS: 2)

OVERVIEW: On August 6, 2003 (6), the Board introduced Ordinance for further consideration and adoption on August 13, 2003.

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

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER: Adopt Ordinance entitled:

AN ORDINANCE REPEALING SECTION 72.215.3. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO

ACTION: ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent, adopting Ordinance No. 9592 (N.S.), entitled: AN ORDINANCE REPEALING SECTION 72.215.3. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO.

8/13/03 25 24. SUBJECT: CLOSED SESSION (DISTRICT: ALL) (CARRYOVER FROM 8/12/03 AGENDA ITEMS NO. 17 & OFF DOCKET 22) OVERVIEW:

ITEM 17 (8/12/03): A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: (Number of Potential Cases – 1)

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

C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) People of the State of California v. David Englebrecht, Jr., Fourth District Court of Appeal No. D039332

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

E. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Designated Representatives: Carlos Arauz and Mike Kolb Employee Organizations: All

OFF DOCKET ITEM 22 (8/12/03): CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (Number of Potential Cases – 1)

ACTION: Item 17C: People v. Englebrecht; Fourth District Court of Appeal No. D039332, by vote of all 5 Board members present and voting aye, authorized County Counsel to forego further appellate review;

Item 17D: Initiation of litigation by the County. By vote of 4 members of the Board present and voting aye, with District 5 absent, the Board authorized County Counsel to initiate an action the defendants and other particulars of which shall, once the action is formally commenced, be disclosed to any person upon inquiry, except under the conditions specified at Section 54957.1 (a)(2).

8/13/03 26 There being no further business, the Board adjourned at 11:12 a.m. in memory of Jim Hilton and George T. Liddell.

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

Notes by: Gomez/Riddick

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.

8/13/03 27