STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING - PLANNING AND LAND USE MATTERS WEDNESDAY, JANUARY 7, 2004, 9:00 AM Board of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California

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

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

Absent: Supervisor Greg Cox

Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meeting of December 3, 2003 and December 10, 2003.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meeting of December 3, 2003 and December 10, 2003.

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

Board of Supervisors’ Agenda Items

1. NOTICED PUBLIC HEARING: MARANATHA SCHOOL AND CHURCH, MAJOR USE PERMIT P00-020, SAN DIEGUITO COMMUNITY PLAN AREA

2. PROPOSED ACTIONS PLANS FOR PROTECTING LIVES AND PROPERTY FROM FIRE IN THE UNCORPORATED AREA; FUEL MODIFICATION AND VEGETATION MANAGEMENT STRATEGIES; AND PREVENTION OF STRUCTURE LOSS TO WILDFIRES

3. CODICIL TO MASTER PROPERTY TAX TRANSFER AGREEMENT WITH CITY OF VISTA

4. SET HEARING FOR 2/11/04 BORREGO SPRINGS – CONSIDER THE PURCHASE OF ASSESSOR’S PARCEL NUMBER 142-210-06 (GALDAMEZ) FOR OPEN SPACE

5. SET HEARING FOR 2/11/04 ACQUISITION OF ASSESSOR’S PARCEL NUMBERS 105-481-36 (ENANDER) AND 105-481-45 (BROWN)

1/7/04 1 [FUNDING SOURCE(S): ENVIRONMENTAL TRUST FUND]

6. BORREGO VALLEY AIRPORT – AVIATION LEASE WITH JOHN S. WATKINS [FUNDING SOURCE(S): RENTAL PAYMENT UNDER THE TERMS OF THE LEASE] (4 VOTES)

7. AGREEMENT WITH CONSULTANT FIRM TO PROVIDE DESIGN, SPECIFICATIONS AND TECHNICAL SUPPORT FOR INSTALLATION OF SANITARY SEWER FLOW MONITORING SYSTEM (RELATES TO SANITATION DISTRICT AGENDA NO. 1)

8. REVENUE AGREEMENT WITH THE CITY OF SAN DIEGO FOR INDUSTRIAL HYGIENE SERVICES [FUNDING SOURCE(S): REVENUE AGREEMENT WITH THE CITY OF SAN DIEGO]

9. FAMILY SELF-SUFFICIENCY PROGRAM [FUNDING SOURCE(S): YOUTH EMPLOYMENT PREPARATION PROGRAM, AND PROCEEDS FROM THE SALE OF A HOUSING AUTHORITY APARTMENT COMPLEX AT 525 GRAND AVENUE IN SPRING VALLEY] (RELATES TO HOUSING AUTHORITY AGENDA ITEM NO. 1)

10. CLOSED SESSION

11. PUBLIC COMMUNICATIONS

1/7/04 2 1. SUBJECT: NOTICED PUBLIC HEARING: MARANATHA SCHOOL AND CHURCH, MAJOR USE PERMIT P00-020, SAN DIEGUITO COMMUNITY PLAN AREA (DISTRICT: 5)

OVERVIEW: This is an appeal of the Planning Commission’s approval of a Major Use Permit to allow the phased development of a proposed Christian school and church consisting of classroom buildings, chapel, multi-purpose building, maintenance building, recreational amenities, landscaping and on-site parking areas. The site is also subject to the “D3” Design Review Designator for compliance with the Santa Fe Valley Specific Plan Community Design Element. An exception to the height requirements is also being requested pursuant to Section 4620.g of the Zoning Ordinance to permit a church tower at a height of 42 feet where 35 feet is the maximum height allowed.

The appeal has been filed by two property owners west of the subject site requesting that the Major Use Permit Form of Decision be revised to require the project applicant to contribute their “fair share” of costs associated with the construction of Camino del Norte west of the project site.

The 22.5-acre project site is located approximately 0.5 mile west of Camino San Bernardo on Camino del Norte (Artesian Road), 3.7 miles west of the Interstate 15 ramps for Camino del Norte. The General Plan Designation on the site is (21) Specific Plan Area and the zoning is RV 1.5 Residential Variable, S80 Open Space and S88 Specific Plan Area Use Regulations.

FISCAL IMPACT: N/A

RECOMMENDATION: PLANNING COMMISSION: Deny the appeal and grant Major Use Permit P00-020 in the Form of Decision (Attachment B), 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.

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

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors continued the Hearing to February 11, 2004, 9:00 a.m., on Consent.

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

1/7/04 1 2. SUBJECT: PROPOSED ACTIONS PLANS FOR PROTECTING LIVES AND PROPERTY FROM FIRE IN THE UNCORPORATED AREA; FUEL MODIFICATION AND VEGETATION MANAGEMENT STRATEGIES; AND PREVENTION OF STRUCTURE LOSS TO WILDFIRES (DISTRICT: ALL) OVERVIEW: On December 2, 2003 (2, 3, & 4), the Board directed, at the request of Vice-Chairwoman Dianne Jacob and Supervisor Horn, the development of proposed actions and recommendations on the County of San Diego’s response to the devastating wildfires that burned through the County in 2003.

This report summarizes the actions proposed to address the directives.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action of receiving the report. A component of the wildfire action plans include the determination of cost estimates associated with proposed actions. As proposed actions are implemented, funding issues will be brought to the Board for consideration.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER: Receive this report.

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

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

3. SUBJECT: CODICIL TO MASTER PROPERTY TAX TRANSFER AGREEMENT WITH CITY OF VISTA (DISTRICT: 5) OVERVIEW: The Board of Supervisors adopted a Master Property Tax Transfer Agreement on November 20, 1984 (17) between the County and the region’s cities. The Agreement specifies the distribution of property tax revenues when cities annex properties. This Codicil will not change the distribution of property tax revenues in any way, nor will it affect any city other than Vista.

This is a request from the City of Vista to adopt a Codicil to that Agreement. The Codicil simply requires applicants to fully mitigate the financial impacts of the project on the City of Vista’s budget through a Deficit Offset Payment Process established by the City.

FISCAL IMPACT:

1/7/04 2 There is no fiscal impact on the County.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER: Authorize the Clerk of the Board to execute the CODICIL TO MASTER PROPERTY TAX AGREEMENT, upon receipt, and direct the Clerk of the Board of Supervisors to transmit an executed copy to the City of Vista and to the Local Agency Formation Commission.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent; and directed the Chief Administrative Officer to draft a letter for the Chair’s signature to encourage the City of Vista to work with the property owners when health and safety is threatened.

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

4. SUBJECT: SET HEARING FOR 2/11/04 BORREGO SPRINGS –TO CONSIDER THE PURCHASE OF ASSESSOR’S PARCEL NUMBER 142-210-06 (GALDAMEZ) FOR OPEN SPACE (DISTRICT: 5) OVERVIEW: On December 3, 2003 (10), the Board authorized the Chief Administrative Officer to initiate negotiations for the acquisition of a 163.36-acre parcel located at the intersection of Old Springs Road and Peg Leg Road in Borrego Springs (Thomas Guide, page 410- C8, D8). The subject site contains many sensitive and endangered plant and animal species and provides wildlife corridors and sensitive habitat linkages. The property is owned by Blanca E. Galdamez.

The Board is requested to set a hearing for February 11, 2004 to consider the purchase of the Old Springs Road/Peg Leg Road parcel for the appraised value of $130,000. Funding for this acquisition is budgeted in Capital Project KA9500 – Open Space/Multiple Species Conservation Program Acquisitions. There will no cost to the General Fund resulting from the requested action.

FISCAL IMPACT: 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 APN 142-210-06 (Galdamez) on February 11, 2004, the funding source for the purchase will be County General Funds, which are budgeted and available in Capital Project KA9500 - Open Space/Multiple Species Conservation Program Acquisitions.

Preliminarily, the managing and operating costs for this parcel are estimated at no less

1/7/04 3 than $32 per acre annually. Actual operating costs will be determined after the purchase and assessment are completed. Funding for these costs is included in the Department of Parks and Recreation's annual MSCP/Open Space General Fund operating budget. There is no additional cost to the General Fund resulting from the requested action.

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 February 11, 2004, at which time the Board of Supervisors may consummate the purchase of Assessor’s Parcel Number 142-210-06 (Galdamez).

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, setting Hearing for February 11, 2004 at 9:00 a.m.

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

5. SUBJECT: SET HEARING FOR 2/11/04 ACQUISITION OF ASSESSOR’S PARCEL NUMBERS 105-481- 36 (ENANDER) AND 105-481-45 (BROWN) (DISTRICT: 5) OVERVIEW: In mid-2002, the County determined that two property owners had potential claims against the County for property damage, lost property value and related damages associated with their undeveloped real property in the Fallbrook area.

County staff and the property owners have agreed to a tentative settlement of the potential claims and an agreement to acquire the property, subject to Board of Supervisors approval. The Board is requested to set a hearing date of February 11, 2004, to consider the acquisition of Assessor’s Parcel Numbers 105-481-36 (Enander) for $200,000 and 105-481-45 (Brown) for $110,000 (Thomas Guide page 997 G7).

FISCAL IMPACT: There is no cost associated with this request to publish the Notice of Intention to Purchase and set a hearing date to consider approval of the purchase. Should the Board approve the purchase of the parcels on February 11, 2004, the cost will be $310,000 and the funding source will be the Environmental Trust Fund. There will be no cost to the General Fund as a result of this acquisition.

1/7/04 4 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 February 11, 2004, at which time the Board of Supervisors may consummate the purchase of Assessor’s Parcel Numbers 105-481-36 for $200,000 and 105-481-45 for $110,000.

ACTION: ON MOTION of Supervisor Slater, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, setting Hearing for February 11, 2004 at 9:00 a.m.

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

6. SUBJECT: BORREGO VALLEY AIRPORT – AVIATION LEASE WITH JOHN S. WATKINS (DISTRICT: 5)

OVERVIEW: Borrego Valley Airport serves the desert community of Borrego Springs and Anza- Borrego Desert with approximately 20 based aircraft and 18,354 annual operations. The airport has a lighted runway and taxiway, a restaurant, aircraft parking, hangar facilities, rental cars, and fuel.

A Request for Proposals was issued recently for development of additional hangars for aircraft storage at Borrego Valley Airport. The proposed 30-year aviation lease with John S. Watkins, is the result of negotiation between staff and Mr. Watkins. Mr. Watkins’ proposal is to construct ten hangars during phase 1 of construction and then an additional six hangars during phase 2 of construction on 1.06 acres of vacant land at the airport.

This is a request to approve a new aviation lease with John S. Watkins. The proposed term is January 7, 2004, to January 6, 2034, at a monthly rent of $300, with annual cost of living increases and five-year rental renegotiations. Revenues from leases on airport property are placed into the County’s Airport Enterprise Fund, a fund which is used to operate and maintain County Airports.

FISCAL IMPACT: If approved, this request will result in additional revenue to the Airport Enterprise Fund. The funding source for additional revenue is rental payment under the terms of the lease. The proposed lease will result in total revenue of $1,750 in the current fiscal year. It will result in approximately $3,600 revenue in the first subsequent year, and will require

1/7/04 5 no additional staff years.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the Negative Declaration for the Borrego Valley Airport Master Plan, SCH No. 95101017, on file in the Department of Public Works has been adopted in compliance with the California Environmental Quality 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 Negative Declaration reflects the independent judgment and analysis of the Board of Supervisors.

2. Find that there are no changes in the project or circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously adopted Negative Declaration, dated September 1995, or a substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since said Negative Declaration was prepared.

3. Approve and authorize the Clerk of the Board to execute, upon receipt, three copies of the aviation lease with John S. Watkins for 1.06 acres of land located at the Borrego Valley Airport, with a term of 30 years, beginning January 7, 2004 and terminating January 6, 2034. (4 VOTES)

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

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

7. SUBJECT: AGREEMENT WITH CONSULTANT FIRM TO PROVIDE DESIGN, SPECIFICATIONS AND TECHNICAL SUPPORT FOR INSTALLATION OF SANITARY SEWER FLOW MONITORING SYSTEM (DISTRICTS: 1 AND 2)

OVERVIEW: The Department of Public Works has selected an engineering consultant to prepare the design and specifications for a sanitary sewer flow monitoring system for Alpine, Lakeside and Spring Valley Sanitation Districts and for Winter Gardens Sewer Maintenance District. The flow monitoring system will work in conjunction with the County’s existing Supervisory Control and Data Acquisition (SCADA) system, which monitors operation of seven pump stations and provide alarms when pre-set wastewater flow conditions are exceeded. The new alarm capabilities will enable staff to identify irregular flow patterns indicative of problems within the system, prevent overflow, and react to actual spills more expeditiously than is currently possible. Staff will also be able

1/7/04 6 to track real time flow data at critical facility locations on a 24-hour basis, and compile historical and trend data for use in planning capital projects. San Diego County is one of the first jurisdictions to pursue such an integrated system. Use of a consultant with extensive expertise in sanitary sewer flow monitoring systems will enhance the department’s ability to design a more effective monitoring system and complete this project 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 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. The policy requires a countywide solicitation for individual consultant contracts exceeding $250,000. In accordance with provisions of the policy, a Request for Statements of Qualification was solicited through countywide advertisements. Six consulting firms responded, and all were interviewed. HDR Engineering, Inc., of San Diego, was determined the most qualified firm to perform the required services.

This is a request to approve a consultant agreement with HDR Engineering, Inc., to provide the design and specifications for a sanitary sewer flow monitoring system, and to provide technical support on an as-needed basis during and up to one year following system installation, for compensation not to exceed $370,000, with contract term ending December 1, 2006.

The agreement authorizes the Director, Department of Public Works, to extend the termination date if necessary to complete project services, and to adjust allowable billing rates on an annual basis to mutually agreed-upon fair and reasonable rates.

FISCAL IMPACT: Funding for this request was approved in the Fiscal Year 2003-04 Alpine, Lakeside, and Spring Valley Sanitation District budgets and Wintergardens Sewer Maintenance District budget. If approved, this request will result in Fiscal Year 2003-04 cost of $300,000; Fiscal Year 2004-05 cost of $70,000, 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 employed in the Classified Service.

3. Approve and authorize the Clerk of the Board to execute, upon receipt, three originals of an Agreement with HDR Engineering, Inc., to provide engineering services necessary to complete design and specifications for a sanitary sewer flow monitoring

1/7/04 7 system, including providing technical support during and after project implementation and installation, for compensation not to exceed $370,000. Agreement will terminate upon County acceptance of project completion, or when services are no longer required, or December 1, 2006, whichever shall occur first, with option to extend termination date by written mutual agreement if required for project completion.

4. Designate the Director, Department of Public Works, as County Officer responsible for administrating the agreement.

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

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

8. SUBJECT: REVENUE AGREEMENT WITH THE CITY OF SAN DIEGO FOR INDUSTRIAL HYGIENE SERVICES (DISTRICT: 1,3,4)

OVERVIEW: Since Fiscal Year 1988-89, the Department of Environmental Health has been assisting the City of San Diego in maintaining compliance with State of California occupational health regulations and identifying and making recommendations to correct identified hazards that could harm the public or City of San Diego staff. For the past year, the Department of Environmental Health provided approximately 225 hours of industrial hygiene inspections and related services. These services have been reimbursed through revenue agreements.

The City of San Diego recently issued a competitive Request for Proposal for continued industrial hygiene services. With the proviso that any resulting contract would be subject to approval by your Board, the Department of Environmental Health submitted a proposal and was subsequently awarded this contract. This letter requests approval to enter into this revenue agreement with the City of San Diego for the period of December 1, 2003 through June 30, 2004, with an option to renew for four additional one-year periods commencing on July 1, 2004 through June 30, 2008. It is anticipated that the level of service for the remainder of Fiscal Year 2003-04 would amount to approximately 130 hours.

FISCAL IMPACT: Funds for this request are budgeted at $15,000 for Fiscal Year 2003-04. The funding source is the revenue agreement with the City of San Diego. This agreement provides for up to $95,000 in potential revenue per fiscal year. This is a full cost recovery agreement and no general fund cost will be incurred. If approved, this request will require the addition of no staff years.

1/7/04 8 RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. In accordance with Section 15061(b)(3) of the State of California Environmental Quality Act (CEQA) Guidelines, find that it can be seen with certainty that there is no possibility this project may have a significant effect on the environment and that it is therefore exempt from CEQA.

2. Approve and authorize the Director, Department of Environmental Health, to execute a revenue agreement with the City of San Diego for industrial hygiene services for the period of December 1, 2003 through June 30, 2004, with options for four additional one-year periods.

3. Authorize the Director, Department of Environmental Health, to execute any amendments, extensions and/or revisions thereof, that do not materially impact or alter either the program or funding level, and to exercise the options provided in the agreement to continue the agreement for up to four subsequent years.

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

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

9. SUBJECT: FAMILY SELF-SUFFICIENCY PROGRAM (DISTRICT: ALL)

OVERVIEW: This is a request to the Housing Authority Board of Commissioners and the Board of Supervisors to authorize $31,748 from the proceeds of the sale of Housing Authority property, located at 525 Grand Ave. in Spring Valley, to be used for funding a Youth Employment Preparation Program. Participants will include youth from the Housing Authority’s Rental Assistance Programs for Emancipated Foster Youth, Section 8 and Public Housing.

The proposed program will provide a six-month paid work experience, including job coaching and work readiness, for up to 20 youths, 18-21 years of age. The County will collaborate with Casey Family Programs San Diego Field Office to provide the work readiness sessions and job coach training.

In addition, the Board of Commissioners is requested to authorize acceptance of $48,177 in federal Housing and Urban Development (HUD) grant funds and to increase appropriations in the Housing Authority’s budget by $48,177 to fund a currently filled, existing position in Housing and Community Development (HCD), that serves as a Coordinator for the Family Self-Sufficiency Program. These funds have been awarded as

1/7/04 9 a grant to the Housing Authority of the County of San Diego to aid in funding the existing HCD position for continuation of the Family Self-Sufficiency Program.

FISCAL IMPACT: The funding source for the Youth Employment Preparation Program, in the amount of $31,748 in current year costs, $77,008 in FY 04/05 and $108,756 in FY 05/06 costs is the proceeds from the sale of a Housing Authority apartment complex at 525 Grand Avenue in Spring Valley. If approved, this request will result in $31,748 current year costs. The funding source for the Family Self-Sufficiency Program Coordinator in the amount of $48,177 is the U.S. Department of Housing and Urban Development. There is no cost to the County General Fund and no additional permanent staff years.

RECOMMENDATION: EXECUTIVE DIRECTOR/CHIEF ADMINISTRATIVE OFFICER Acting as the Board of Commissioners: 1. Authorize the use of $31,748 from the proceeds of the sale of 525 Grand Avenue, Spring Valley to establish and implement a Youth Employment Preparation Program for youth participating in Housing Authority rental assistance programs. 2. Increase appropriations in the Housing Authority Budget by $31,748 to fund a Youth Employment Preparation Program. (4 votes) 3. Authorize the Deputy Director of the Housing Authority in consultation with County Counsel to negotiate, execute or amend any contracts and take actions necessary to implement the Youth Employment Preparation Program. 4. Authorize the Deputy Director of the Housing Authority to accept $48,177 in federal Housing and Urban Development (HUD) grant funds to be used to fund a currently filled, existing position in HCD that serves as a Coordinator for the Family Self- Sufficiency Program. 5. Increase appropriations in the Housing Authority’s budget by $48,177 to fund a currently filled, existing position in HCD that serves as a Coordinator for the Family Self-Sufficiency Program. (4 Votes) Acting as the Board of Supervisors: 1. Establish appropriations of $31,748 in the Department of Housing and Community Development Salary and Wages-Temporary Help based on unanticipated revenue from the Housing Authority to implement a Youth Employment Preparation Program for youth participating in Housing Authority assistance programs. (4 votes) 2. Authorize the Director of the Department of Housing and Community Development in consultation with County Counsel, to negotiate, execute or amend any contracts and take actions necessary to implement the Youth Employment Preparation Program. Relates to Housing Authority Agenda Item No. 1.

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

1/7/04 10 Supervisors took action as recommended, on Consent.

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

10. SUBJECT: CLOSED SESSION (DISTRICT: ALL)

OVERVIEW: A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9: (Number of Cases – 1) B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) The Rural Lands Initiative Committee, et al. v. Sally McPherson; San Diego Superior Court No. GIC 823071 C. 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: No reportable matters.

11. PUBLIC COMMUNICATIONS David Hargrove addressed the Board regarding a gate that is blocking access to Painted Rock Road.

ACTION: Heard; referred to the Chief Administrative Officer. There being no further business, the Board adjourned at.10:22 a.m. in memory of Phil Flowers; Rear Admiral Robert M. Garrick; and Reverend Mark Neuhaus.

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

Notes by: Gomez

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.

1/7/04 11