Statement of Proceedings s1

STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING - PLANNING AND LAND USE MATTERS WEDNESDAY, OCTOBER 20, 2010 Board of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California

REGULAR SESSION – Regular Meeting was called to order at 9:03 a.m.

Present: Supervisors Pam Slater-Price, Chairwoman; Bill Horn, Vice Chairman; Greg Cox; Dianne Jacob; Ron Roberts; also David C. Hall, Assistant Clerk of the Board.

Board of Supervisors’ Agenda Items 1. NOTICED PUBLIC HEARING: COMPREHENSIVE UPDATE OF THE GENERAL PLAN; CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT; AN ORDINANCE CHANGING ZONING CLASSIFICATION OF CERTAIN PROPERTY; AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATED TO CONSERVATION SUBDIVISIONS; AND AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE, RESOURCE PROTECTION ORDINANCE, AND GROUNDWATER ORDINANCE RELATED TO THE GENERAL PLAN UPDATE

2. ADVERTISE AND AWARD CONTRACT FOR RUBBERIZED EMULSION ASPHALTIC SLURRY RESURFACING AND RUMBLE STRIPS ON VARIOUS COUNTY ROADS [FUNDING SOURCE(S): ROAD FUND FUND BALANCE]

3. SET HEARING FOR 11/10/10: ADOPT ORDINANCE TO AMEND SECTIONS 811.201, 811.302, 811.401, 811.403 and 811.504 OF THE SAN DIEGO COUNTY CODE RELATING TO FLOOD DAMAGE PREVENTION

4. SET HEARING FOR 12/8/10: SYCAMORE CANYON PRESERVE – ACQUISITION OF 40 ACRES FOR OPEN SPACE (REGINA M. BREVICK LIVING TRUST, JOYCE I. NOIREZ TRUST) [FUNDING SOURCE(S): GENERAL PURPOSE REVENUES AND FUTURE OPERATIONAL PLANS]

5. ADOPT A RESOLUTION TO APPLY FOR AND ACCEPT GRANT FUNDS FROM THE LAND AND WATER CONSERVATION FUND AND AUTHORIZATION TO ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR THE LIVE OAK PARK AMPHITHEATER PROJECT (4 VOTES)

6. RAMONA AIRPORT – SECOND AMENDMENT TO AVIATION LEASE WITH CRUISEAIR AVIATION, INC.

10/20/10 1 (4 VOTES)

7. TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (10/20/2010 - Adopt Recommendations; 11/10/2010 - Second Reading of Ordinances)

8. CLOSED SESSION (CARRYOVER FROM 10/19/10, AGENDA NO. 15)

9. PRESENTATIONS/AWARDS

10. PUBLIC COMMUNICATION

10/20/10 2 1. SUBJECT: NOTICED PUBLIC HEARING: COMPREHENSIVE UPDATE OF THE GENERAL PLAN; CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT; AN ORDINANCE CHANGING ZONING CLASSIFICATION OF CERTAIN PROPERTY; AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATED TO CONSERVATION SUBDIVISIONS; AND AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE, RESOURCE PROTECTION ORDINANCE, AND GROUNDWATER ORDINANCE RELATED TO THE GENERAL PLAN UPDATE (DISTRICTS`: ALL)

OVERVIEW: The General Plan Update consists of a comprehensive amendment to the County’s land use policies for unincorporated lands necessitated by population growth, changes in law and regulations governing land use, and various challenges to the current plan that have occurred over the years. The Plan before you today is a product of a significant stakeholder process with over 500 public meetings. The update balances divergent interests and provides diverse benefits. It also provides an opportunity to incorporate new information and lessons learned since the 1970s when the existing General Plan was written.

The San Diego Association of Governments predicts that by 2050, the San Diego County region will grow by 1.2 million people. The County’s General Plan Update plans for this future growth, accommodating over 200,000 people, increasing the population of the unincorporated area by over 41%.

Smart growth is a key concept in the General Plan Update so that new homes are developed in existing communities and in a compact footprint to avoid sprawl, keep homes out of hazardous wildfire areas, retain separation between communities, minimize infrastructure needs, reduce public safety costs, and lessen environmental impacts.

Today's action recommends that the Board of Supervisors adopt the comprehensive update of the County’s General Plan, referred to as the General Plan Update, which includes the following components: Regional Elements, Land Use Map, Mobility Element road network, community and subregional plan updates, Implementation Plan, Conservation Subdivision Program, amendments to the Zoning, Subdivision, Groundwater and Resource Protection Ordinances, and certification of the Final Environmental Impact Report.

The Chief Administrative Officer’s recommendations regarding the General Plan Update are consistent with the Planning Commission recommendations with the exception that the Planning Commission also recommends a Transfer of Development Rights Program, which is not recommended by staff.

FISCAL IMPACT:

10/20/10 1 If the recommendations are approved by the Board, implementation of the General Plan Update will be supported by existing staff resources and programs. Funding for the existing programs is included in the Fiscal Year 2010-2011 Adopted Operational Plan. If future activities related to implementation of the General Plan Update require additional resources, such needs will be addressed in future year budgets.

BUSINESS IMPACT STATEMENT: The General Plan Update considers economic development and provides opportunities for future jobs and business development commensurate with its forecasted growth. The General Plan Update provides development opportunities to businesses by planning for commercial development near existing businesses, transportation hubs and walkable residential areas and ensuring that sufficient, safe and appropriately located circulation routes are available for residential, commercial, and industrial development as well as related public services. Economic conditions for businesses will be enhanced through the synergies that result from new development in and around business districts and revitalization of community centers.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Certify that the Final Environmental Impact Report (EIR) prepared for the General Plan Update has been completed in compliance with the California Environmental Quality Act (CEQA); that the Board of Supervisors has reviewed and considered the information contained in the final EIR; and that it reflects the Board of Supervisors’ independent judgment and analysis (Attachment E).

2. Adopt the CEQA findings for this project, (CEQA Guidelines Section 15091) for the reasons stated therein and discussed in this report (Attachment F-1).

3. Adopt the Mitigation Monitoring and Reporting Program prepared pursuant to CEQA Guidelines Section 15097 (Attachment F-5).

4. Adopt the Statement of Overriding Considerations (CEQA Guidelines Section 15093) (Attachment F-2).

5. Find that the comprehensive update of the General Plan is in compliance with the California Government Code.

6. Approve the Implementation Plan dated October 2010 (Attachment C) and direct the Chief Administrative Officer to implement the mitigation measures identified in it.

7. Adopt the Resolution (Attachment A) approving the County General Plan Update.

10/20/10 2 This comprehensive update includes:  General Plan Update Text including the Land Use, Mobility, Conservation and Open Space, Housing, Safety and Noise Elements and General Plan Update Maps dated October 2010, including the Land Use Map and Mobility Element Network Maps (Attachment B-1);  Community and Subregional Plans dated October 2010 (Attachment B-2); and  Housing Element Background Report dated October 2010 (Attachment B-3)

8. Take the following actions for Assessor Parcel Numbers 484-184-24-00 and 484-184-25-00, subject to approval of the Detachment by the Local Agency Formation Commission Board:  Include these parcels within the Lakeside Community Planning Area;  Apply General Plan designation of Village Residential 15; and  Apply a Variable Family Use Regulation Zone (RV) with a 6,000 square foot minimum lot size and a “B” special area designator.

9. Adopt the attached Forms of Ordinance (Attachment D):

AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE COUNTY OF SAN DIEGO RELATED TO THE GENERAL PLAN UPDATE. (Attachment D-1)

AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE RELATED TO CONSERVATION SUBDIVISIONS AND THE GENERAL PLAN UPDATE. (Attachment D-2)

10. Approve the introduction of an Ordinance amending the San Diego County Subdivision Ordinance, the Resource Protection Ordinance, and the Groundwater Ordinance, read title and waive further reading of the Ordinance.

AN ORDINANCE AMENDING TITLE 8, DIVISION 1, CHAPTERS 1, 4, 6, 7 AND 8 OF THE SAN DIEGO COUNTY CODE RELATING TO THE SUBDIVISON OF LAND; TITLE 8, DIVISION 6, CHAPTER 6 OF THE SAN DIEGO COUNTY CODE RELATING TO RESOURCE PROTECTION AND TITLE 6, DIVISION 7, CHAPTER 7 OF THE SAN DIEGO COUNTY CODE RELATING TO GROUNDWATER. (Attachment D-3)

11. Submit the Ordinance for further Board consideration and adoption on November 10, 2010 (Attachment D-3).

10/20/10 3 12. Direct staff to annually prepare a report that tracks the progress in implementing the General Plan and to establish a goal of bringing forward to the Board of Supervisors a General Plan “clean up” every two years (see Fact Sheet 13 in Attachment H-5)

13. Consider the concept Transfer of Development Rights program (Attachment G) recommended by the Planning Commission and reject it because it is not required by law and undermines the legal authority of the County of San Diego to freely reclassify property when the public good requires.

ACTION ON MOTION of Supervisor Horn, seconded by Supervisor Cox, the Board continued the item to November 10, 2010 at 9:00 a.m.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 2. SUBJECT: ADVERTISE AND AWARD CONTRACT FOR RUBBERIZED EMULSION ASPHALTIC SLURRY RESURFACING AND RUMBLE STRIPS ON VARIOUS COUNTY ROADS (DISTRICTS: 1,2,3,5)

OVERVIEW: The Department of Public Works maintains nearly 2,000 miles of roads in unincorporated San Diego County. County road crews inspect all County maintained roads and prioritize them for preventive maintenance. Through visual inspection and scientific methods, staff determines which roads require repair and resurfacing. Rubberized emulsion asphaltic slurry resurfacing will protect the underlying asphalt concrete surface or prior seal surface, reducing future maintenance costs. This is a request to approve advertisement and subsequent award to the lowest responsible bidder, a contract to apply slurry to resurface various roadway segments in unincorporated San Diego County and to add center-line rumble strips on other segments. Upon Board approval, the Department of Purchasing and Contracting will advertise and subsequently award a contract for slurry resurfacing which is scheduled to begin April 2011 and be completed by the end of November 2011.

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

2. Authorize the Director, Department of Purchasing and Contracting, to take any action necessary to advertise and award a contract and authorizing additional work as specified in the Contract, and take other action authorized by Section 401, et seq. of the Administrative Code with respect to contracting for subject

10/20/10 4 public works project.

3. 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.

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

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

3. SUBJECT: SET HEARING FOR 11/10/10: ADOPT ORDINANCE TO AMEND SECTIONS 811.201, 811.302, 811.401, 811.403 and 811.504 OF THE SAN DIEGO COUNTY CODE RELATING TO FLOOD DAMAGE PREVENTION (DISTRICTS: ALL)

OVERVIEW: The County of San Diego participates in the National Flood Insurance Program (NFIP) managed by the Federal Emergency Management Agency (FEMA). To qualify for flood insurance, structures built within the boundaries of the Special Flood Hazard Area as shown on FEMA’s Flood Insurance Rate Maps located in the unincorporated area of the County must meet minimum standards established under the NFIP. Additionally, FEMA’s Community Rating System program enables communities to earn credits for tasks and activities above and beyond minimum NFIP standards.

On September 27, 2006 (7), your Board approved an implementation plan under the Community Rating System, which has successfully reduced flood insurance premiums in the unincorporated areas of San Diego County by 15 percent. This is a request to ensure continued successful participation in the NFIP and the Community Rating System. Action requested is to adopt an ordinance amending the County’s Flood Damage Prevention Ordinance to reflect the most current standards set forth for participation in the NFIP.

The proposed action requires two steps. On October 20, 2010, it is requested that the Board approve introduction of the ordinance per recommendations 1 and 2 below. If the Board takes the action on recommendations 1 and 2, then on November 10, 2010, the Board may adopt the Ordinance. FISCAL IMPACT: Action requested would have no fiscal impact. BUSINESS IMPACT STATEMENT: This item does not change existing County requirements for flood proofing of new construction, development and substantial improvement of structures in areas of

10/20/10 5 special flood hazard as shown on FEMA’s Flood Insurance Rate Maps. The ordinance merely seeks to ensure continued compliance with requirements and objections of the NFIP. Continued participation in the NFIP benefits property owners in areas of special flood hazard by ensuring the continued availability of federal flood insurance.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that proposed action is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) of the State CEQA Guidelines.

2. Approve introduction (first reading), read the title, and waive further reading of the following ordinance: AN ORDINANCE TO AMEND SECTIONS 811.201, 811.302, 811.401, 811.403 AND 811.504 OF THE SAN DIEGO COUNTY CODE RELATING TO FLOOD DAMAGE PREVENTION. If, on October 20, 2010, the Board takes action on recommendations 1 and 2, then on November 10, 2010: Submit the ordinance for consideration and adoption (second reading). ACTION ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board took action as recommended, on Consent, introducing Ordinance for further Board consideration and adoption, and setting Hearing for November 10, 2010 at 9:00 a.m.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 4. SUBJECT: SET HEARING FOR 12/08/10: SYCAMORE CANYON PRESERVE – ACQUISITION OF 40 ACRES FOR OPEN SPACE (REGINA M. BREVICK LIVING TRUST, JOYCE I. NOIREZ TRUST) (DISTRICT: 2)

OVERVIEW: The County has identified 40 acres under two separate ownerships in the Poway area available for inclusion in the County’s Sycamore Canyon Preserve. The properties are located west of SR-67 and south of Sycamore Park Drive (Thomas Guide, page 1211, C-3). The fair market value of the first 20 acres (Regina M. Brevick Living Trust) is $160,000. The fair market value of the second 20 acres (Joyce I. Noirez Trust) is also $160,000.

Today’s request requires two steps. On October 20, 2010, it is requested that the Board set a hearing for December 8, 2010, and provide public notice of the hearing. If the Board takes the actions recommended for October 20, 2010, then on December 8, 2010, after making the necessary findings, the Board is requested to approve the purchase of Assessor’s Parcel Numbers 325-060-11 and -20 for the appraised value of $160,000 from the Regina M. Brevick Living Trust and Assessor’s Parcel Numbers 325-060-17 and -18 for the appraised value of $160,000 from the Joyce I. Noirez

10/20/10 6 Trust.

FISCAL IMPACT: Funds for this request are available in Capital Project 1000012 – Multiple Species Conservation Program (MSCP) Acquisitions. If approved, this request will result in a total one-time cost of $356,200 itemized as follows: $320,000 (land), $29,200 (staff time and appraisal), $4,000 (escrow and title), and $3,000 for installation of signage.

Total annual ongoing costs for land stewardship, adaptive management and monitoring of the combined 40 acres from the Brevick and Noirez properties are estimated at $6,000 per year. In addition, there will be an annual cost of $10 for vector control. The funding source will be general purpose revenues and will be provided for in future Operational Plans. Although continued acquisition of preserve land could eventually create the need for additional oversight staff, no additional staffing will be required as a result of this proposed purchase. There will be no change in current year net General Fund costs.

BUSINESS IMPACT STATEMENT: N/A

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER On October 20, 2010: 14. Find that the proposed action to set a hearing to consider approving the purchase of Assessor’s Parcel Numbers (APNs) 325-060-11, -17, -18 and -20 is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines, as it is not a project as defined under Section 15378 of the CEQA Guidelines.

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

16. Set a hearing for December 8, 2010, at which time the Board of Supervisors may consider approving the purchase of APNs 325-060-11 and -20, from the Regina M. Brevick Living Trust for the appraised value of $160,000 and APNs 325-060- 17 and -18, from the Joyce I. Noirez Trust for the appraised value of $160,000.

If, on October 20, 2010, the Board takes the actions recommended in Items 1- 3 above then, on December 8, 2010: 1. Find, in accordance with Section 15325 of the CEQA Guidelines, that the purchase of APNs 325-060-11, 17, -18 and -20 is categorically exempt from the provisions of the CEQA guidelines, as it involves the transfer of ownership of land to preserve open space and natural conditions.

2. Approve the Purchase and Sale Agreement and Joint Escrow Instructions

10/20/10 7 (Agreement) for the purchase of APNs 325-060-11 and -20, from the Regina M. Brevick Living Trust (Brevick) for the appraised value of $160,000 and authorize the Director of General Services to execute two originals of the Agreement. 3. Approve the Purchase and Sale Agreement and Joint Escrow Instructions (Agreement) for the purchase of APNs 325-060-17 and -18, from the Joyce I. Noirez Trust (Noirez) for the appraised value of $160,000, and authorize the Director of General Services to execute two originals of the Agreement. 4. Authorize the Director of the Department of General Services, or designee, to execute all escrow and related documents necessary to complete the purchases.

ACTION ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board took action as recommended, on Consent, setting Hearing for December 8, 2010 at 9:00 a.m.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 5. SUBJECT: ADOPT A RESOLUTION TO APPLY FOR AND ACCEPT GRANT FUNDS FROM THE LAND AND WATER CONSERVATION FUND AND AUTHORIZATION TO ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR THE LIVE OAK PARK AMPHITHEATER PROJECT (DISTRICT: 5)

OVERVIEW: The Land and Water Conservation Fund program provides matching grant funds to federal, state and local agencies for the acquisition and development of public outdoor recreation areas and facilities. The program is intended to create and maintain a nationwide legacy of high quality recreation areas and facilities and to stimulate investments in the protection and maintenance of recreation resources across the United States. As part of the grant application process, a project specific resolution from the governing body must be included in the grant application.

This is a request to adopt a resolution authorizing the Department of Parks and Recreation to apply for and accept up to $200,000 of Land and Water Conservation Fund grant funds for the Live Oak Park Amphitheater project. Upon award of the Land and Water Conservation Fund grant funding, matching funds up to $200,000 will be provided by existing funds in the Fallbrook Park Lands Dedication Ordinance Fund. The proposed Land and Water Conservation Fund grant funds and the Park Lands Dedication Ordinance funds will be used for construction of a 100-person capacity outdoor amphitheater at Live Oak County Park located in the unincorporated community of Fallbrook (Thomas Guide page 1028, B-5 and C-4/5). In addition, this request will authorize the Director of the Department of Purchasing and Contracting to advertise and award a construction contract for the abovementioned project if funding is awarded.

10/20/10 8 FISCAL IMPACT: If authorized, the Department of Parks and Recreation (DPR) will submit a grant application to the Land and Water Conservation Fund (LWCF) requesting up to $200,000 in grant funds for the Live Oak Park Amphitheater project. Funds for this grant request are not budgeted in the Fiscal Year 2010-11 Operational Plan and the Fiscal Year 2010-11 Capital Outlay Fund for Capital Project 1014129 – Live Oak Park Amphitheater. The LWCF grant is competitive; therefore, it is unknown if grant funding will be awarded or what the amount of the award will be. In addition, the LWCF grant program includes a dollar-for-dollar funding match requirement. If awarded, matching funds for the Live Oak Park Amphitheater project will be provided by up to $200,000 of Fallbrook PLDO funds. The proposed LWCF grant, Fallbrook Funds, and existing funds of $71,000 in Capital Project 1014129 – Live Oak Park Amphitheater will be used for costs related to the design and construction of the proposed amphitheater. The source of the existing project funds are a donation from the Live Oak Coalition ($50,000) and a District 5 Neighborhood Reinvestment Grant ($21,000). Total project costs, estimated at $471,000, include design ($71,000), construction ($340,000), and project administration and inspections ($60,000). Annual operations and management of the project will be provided by existing DPR staff at Live Oak Park. No additional staff years or net change to the General Fund will be required as a result of this request.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 1. Find that the proposed Live Oak Park Amphitheater project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 because the project consists of construction of a small accessory (appurtenant) structure.

2. Waive Board Policy B-29, Fees, Grants, and Revenue Contracts – Department responsibility for cost recovery, which requires full cost recovery for grants.

3. Adopt the resolution entitled Resolution of the San Diego County Board of Supervisors Approving the Application for Land and Water Conservation Funds for the Live Oak Park Amphitheater.

4. Establish appropriations of up to $200,000 in the Fallbrook Park Lands Dedication Ordinance (Fallbrook PLDO) Fund, Operating Transfer Out, for the Live Oak Park Amphitheater project, based on Fund Balance available. (4 VOTES)

5. Establish appropriations of up to $400,000 in the Capital Outlay Fund for Capital Project 1014129, Live Oak Park Amphitheater, contingent upon a grant award from the Land and Water Conservation Fund (up to $200,000) and based on an Operating Transfer from the Fallbrook PLDO Fund (up to $200,000). (4

10/20/10 9 VOTES)

6. Authorize the Director, Department of Parks and Recreation, or designee, as agent of the County, to conduct all negotiations and submit all documents including, but not limited to, applications, contracts, payment requests and, if funds are awarded, to execute the grant agreements, including any extensions or amendments thereof that do not materially impact or alter the grant programs or funding levels.

7. Authorize the Director of the Department of Purchasing and Contracting to advertise and award a construction contract and take any other action authorized by Section 401 et seq. of the Administrative Code, with respect to contracting for construction of the Live Oak Park Amphitheater Project.

ACTION ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board took action as recommended, on Consent, adopting Resolution No. 10-193 entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE LIVE OAK PARK AMPHITHEATER.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 6. SUBJECT: RAMONA AIRPORT – SECOND AMENDMENT TO AVIATION LEASE WITH CRUISEAIR AVIATION, INC. (DISTRICT: 2)

OVERVIEW: The County of San Diego operates a general aviation airport in Ramona (Thomas Guide Page 1152, B-6). Ramona Airport provides facilities for California Department of Forestry and aviation businesses, enhancing public safety and services for the aviation community. Ramona Airport had 117,751 take offs and landings in 2009 and is home to 201 aircraft.

Cruiseair Aviation, Inc. currently leases 9.93 acres at Ramona Airport. The 30-year lease was approved by your Board on November 7, 2001 (5), and amended on June 13, 2007 (9). The western half of the leasehold is developed with aviation facilities, and the eastern half of the premises consists of an undeveloped parcel. Cruiseair Aviation, Inc. determined that the development of this vacant parcel no longer fits its business plans and requested County Airports remove the undeveloped parcel from its leasehold. The parcel would then be available for future needs of the airport or for lease to another developer.

This is a request to approve a second amendment to the Cruiseair Aviation, Inc. lease to adjust the premises from 9.93 acres to 5 acres. The ground rent will be adjusted as a result of such decrease and will be set in accordance with the modified rental schedule adopted on August 4, 2010 (12), for the other two aviation lessees at

10/20/10 10 Ramona Airport.

FISCAL IMPACT: If approved, this request will result in reduced revenue of $20,424 in the Fiscal Year 2010-11 Airport Enterprise Fund spending plan. The source of this revenue reduction is a decrease in the rental payment under the terms of the amended lease agreement. If approved, revenue from this lease will be $70,776 in Fiscal Year 2010-11, $55,500 in the first subsequent year and $56,500 in the second subsequent year. There will be no impact to the County General Fund and no additional staff years required.

BUSINESS IMPACT STATEMENT: The proposed lease amendment is anticipated to have a positive impact on the lessee’s aviation business at Ramona Airport by reducing the lessee’s costs, better adapting to the lessee’s current business model and by implementing a modified schedule for rent adjustments, which will assist the lessee’s business planning.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER 8. Find, in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, that the proposed lease amendment is categorically exempt from CEQA review as it involves continuation of an existing use.

9. Approve and authorize the Clerk of the Board to execute three copies, upon receipt, of the proposed Aviation Lease Amendment for Cruiseair Aviation, Inc., County Contract Number 75482R. (4 VOTES)

ACTION ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board took action as recommended, on Consent. AYES: Cox, Jacob, Slater-Price, Roberts, Horn 7. SUBJECT: TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (10/20/2010 - Adopt Recommendations; 11/10/2010 - Second Reading of Ordinances) (DISTRICTS: 1, 2 & 5)

OVERVIEW: The Traffic Advisory Committee meets every six weeks to review proposed additions, deletions or changes to regulatory traffic controls. Fourteen items were on the Committee's August 27, 2010 meeting agenda. The Committee recommends your action on 11 items; three items were continued. Item 1-A was continued to the next Traffic Advisory Committee meeting to allow gathering of additional data. Items 2-C and 2-D were continued at the request of the Crest-Dehesa Community Planning Group.

10/20/10 11 This action requires two steps. On October 20, 2010, the Board will consider 11 Traffic Advisory Committee items. If the Board takes action on October 20, 2010, then on November 10, 2010, a second reading of three Ordinances deleting Sections 72.164., 72.165.2., and 72.165.3. (Items 1-B, 1-C, and 1-D) is necessary to enact and implement the Board’s direction.

FISCAL IMPACT: Funds for this proposal are included in the Department of Public Works Road Fund current year Operation Plan. If approved, there will be no change in net General Fund cost and will require no additional staff years.

RECOMMENDATION: TRAFFIC ADVISORY COMMITTEE District 1 1-B. Third Avenue between the southerly limits of the City of Chula Vista and the northerly line of Naples Street (Incorporated Section), (Thomas Guide Page 1330, D-3) CITY OF CHULA VISTA -- Delete Ordinance from County Code as a housekeeping item. Roadway has been incorporated by the City of Chula Vista for many years. 1-C. Fourth Avenue/Hermosa Street from the southerly line of Emerson Street to the northerly line of Main Street (Incorporated Section), (Thomas Guide Page 1330, C-3) CITY OF CHULA VISTA -- Delete Ordinance from County Code as a housekeeping item. Roadway has been incorporated by the City of Chula Vista for many years.

1-D. Palomar Street from the easterly line of First Avenue to the westerly line of Tobias Drive (Incorporated Section), (Thomas Guide Page 1330, E-3) CITY OF CHULA VISTA -- Delete Ordinance from County Code as a housekeeping item. Roadway has been incorporated by the City of Chula Vista for many years.

District 2 2-A. Campo Road from Rogers Road easterly to a point 420 feet east of South Granada Avenue, (Thomas Guide Page 1271, CDE-5) SPRING VALLEY-- Direct the existing 35 MPH speed limit be recertified for continued radar speed enforcement. 2-B. Jamacha Boulevard from Sweetwater Road easterly to La Presa Avenue, (Thomas Guide Page 1271, A-3) SPRING VALLEY -- Direct the existing 40 MPH speed limit be recertified for continued radar speed enforcement.

10/20/10 12 2-E. Vista Ramona Road/Sargeant Road from Gymkhana Road northerly to a point 1,000 feet north of Rutherford Road (Thomas Guide Pages 1153, C-6 to 1173, E-1) RAMONA -- Direct the existing 35 MPH speed limit be recertified for radar speed enforcement. 2-F. San Vicente Road from Hanson Lane easterly to a point one mile east of Wildcat Canyon Road (Thomas Guide Pages 1172, C-1 to 1173, B-4) RAMONA -- Direct the existing 50 MPH speed limit be recertified for radar speed enforcement. 2-G. Mussey Grade Road from State Route 67 southerly to a point 380 feet north of Mahogany Ranch Road, (Thomas Guide Pages 1171, J-6 to 1172, B-3) RAMONA -- Direct the existing 45 MPH speed limit be recertified for radar speed enforcement. 2-H. Camino Monte Sombra, from a point 500 feet east of Calle de la Sierra easterly to the end, (Thomas Guide Page 1252, E-4) EL CAJON -- Extend the existing temporary road closure, as a result of serious and continual criminal activity, an additional 18 months as allowed by recent modifications in California Vehicle Code Section 21101.4. District 5 5-A. Mission Road and Pepper Tree Lane, (Thomas Guide Page 1027, F-5) FALLBROOK -- Place intersection on the County’s Traffic Signal Priority List. 5-B. Valley Center Road from State Route 76 southerly to a point 1,230 feet south of Mile Post 34, (Thomas Guide Pages 1051, D-7 to 1071, E-4) VALLEY CENTER -- Direct the existing 50 MPH speed limit be recertified for continued radar speed enforcement. CHIEF ADMINISTRATIVE OFFICER On October 20, 2010: 10. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15301 of the State CEQA Guidelines.

11. Concur with Traffic Advisory Committee’s recommendations.

12. Amend the resolution entitled Resolution Amending Traffic Resolution No. 2663 relating to the Temporarily Closing to Through Traffic a County Highway as a result of Serious and Continual Criminal Activity in the County of San Diego (Item 2-H).

17. Approve the introduction, read title and waive further reading of the following Ordinances (Items 1-B, 1-C, and 1-D):

AN ORDINANCE DELETING SECTION 72.164. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO.

10/20/10 13 AN ORDINANCE DELETING SECTION 72.165.2. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO.

AN ORDINANCE DELETING SECTION 72.165.3. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO.

If, on October 20, 2010, the Board takes action as recommended in Chief Administrative Officer’s Recommendation above, then, on November 10, 2010: Consider and adopt Ordinances deleting Section 72.164., Section 72.165.2., and Section 72.165.3. (second reading). ACTION ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board took action as recommended, on Consent, introducing Ordinances for further Board consideration and adoption on November 10, 2010 and adopting the Resolution entitled: Resolution No. 10-194 entitled: TRAFFIC RESOLUTION NO. 3164, RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 2663 RELATING TO THE TEMPORARILY CLOSING TO THROUGH TRAFFIC A COUNTY HIGHWAY AS A RESULT OF SERIOUS AND CONTINUAL CRIMINAL ACTIVITY IN THE COUNTY OF SAN DIEGO.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn 8. SUBJECT: CLOSED SESSION (CARRYOVER FROM 10/19/10, AGENDA NO. 15) (DISTRICTS: ALL)

OVERVIEW: A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9 Jasmine Marie Martinez v. County of San Diego, et al.; United States District Court, Southern Division, No. 09-CV-0221-JLS (CAB)

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9 Lisa Eastman Munoz v. County of San Diego, et al.; United States District Court, Southern Division, No. 09-CV-2000 BTM (BGS)

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)

10/20/10 14 D. 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)

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

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

G. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Designated Representatives: Carlos Arauz, Susan Brazeau Employee Organizations: All H. PUBLIC EMPLOYEE APPOINTMENT (Government Code section 54957) Title: County Counsel

I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code section 54957) Title: Chief Administrative Officer

ACTION In closed session on Tuesday, October 19, 2010, the Board of Supervisors took the following actions:

As to Item 8A: Jasmine Martinez v. County of San Diego; a lawsuit alleging a violation of civil rights due to excessive force, by vote of all five members of the Board present and voting “Aye,” authorized settlement of the action by payment of the sum of $275,000 in exchange for dismissal of the action;

Item 8F: A matter involving the initiation of litigation, by vote of all five members of the Board present and voting “Aye,” gave approval to County Counsel to initiate an action, the defendants and other particulars of which shall be disclosed in the manner authorized by Government Code § 54957.1, once the action is formally commenced; and

Item 8H: Public employment re: County Counsel. By vote of the four members of the Board present and voting “Aye,” with District 4 absent, the Board appointed Thomas Montgomery as the new County Counsel for the County of San Diego, effective January 8, 2011.

10/20/10 15 9. SUBJECT: PRESENTATIONS/AWARDS (DISTRICTS: ALL)

OVERVIEW: Chairwoman Pam Slater-Price presented a proclamation declaring October 20, 2010, Chandra L. Wallar Day throughout the County of San Diego. 10. SUBJECT: PUBLIC COMMUNICATION (DISTRICTS: ALL)

OVERVIEW: John Van Doorn spoke to the Board concerning the Chief Administrative Office and Office of County Counsel.

Gerald Walson spoke to the Board concerning State Route 76.

ACTION Heard, referred to the Chief Administrative Officer. There being no further business, the Board adjourned at 4:50 p.m.

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

Consent: Barclay Discussion: Mazyck

NOTE: This Statement of Proceedings sets forth all actions taken by the County of San Diego Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up.

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