Docstoc

STATEMENT OF PROCEEDINGS

Document Sample
STATEMENT OF PROCEEDINGS Powered By Docstoc
					                               STATEMENT OF PROCEEDINGS
                     COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
                  REGULAR MEETING - PLANNING AND LAND USE MATTERS
                        WEDNESDAY, NOVEMBER 13, 2002, 9:00 AM
                               Board of Supervisors North Chamber
                      1600 Pacific Highway, Room 310, San Diego, California

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

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

Public Communication - (No Speakers)

Approval of Board of Supervisors Statement of Proceedings/Minutes for meetings of October 2, 2002 and
October 9, 2002.

ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Slater, the Board of Supervisors approved the
Statement of Proceedings/Minutes for the meetings of October 2, 2002 and October 9, 2002.

AYES: Cox, Jacob, Slater, Roberts, Horn

AFTERNOON SESSION - Meeting was called to order at 2:10 p.m.

                         Board of Supervisors' Agenda Items
1.      NOTICED PUBLIC HEARING:
        DEFENSE AND INDEMNIFICATION FOR LAND USE DEVELOPMENT PROJECTS

2.      CONTINUED NOTICED PUBLIC HEARING:
        HEARING ON JACUMBA VALLEY RANCH SPECIFIC PLAN (SP 91-03) AND MAJOR
        USE PERMIT (P91-012RPL), MOUNTAIN EMPIRE SUBREGIONAL PLAN AREA

3.      CONTINUED NOTICED PUBLIC HEARING:
        HILLSIDE MEADOWS; TENTATIVE MAP - TM 5203RPL; LAKESIDE COMMUNITY
        PLAN

4.      NOTICED PUBLIC HEARING:
        ONYX RIDGE AMENDMENT TO THE RANCHO CIELO SPECIFIC PLAN (SPA 00-006),
        ZONE RECLASSIFICATION (R01-008), AND TENTATIVE MAP (TM 5010RPL4), SAN
        DIEGUITO COMMUNITY PLAN AREA




       11/13/02                                                                                       1
5.     NOTICED PUBLIC HEARING:
       A TOUCH FROM ABOVE MINISTRIES, APPEAL OF MAJOR USE PERMIT
       MODIFICATION (P84-004W1) FOR RELIGIOUS ASSEMBLY, RAMONA COMMUNITY
       PLANNING AREA

6.     NOTICED PUBLIC HEARING:
       MOUNT OLYMPUS PRESERVE – ACQUISITION OF A PORTION OF ASSESSOR’S
       PARCEL NUMBER 109-280-08
       [FUNDING SOURCE(S): GENERAL FUND]

7.     NOTICED PUBLIC HEARING:
       MULTIPLE SPECIES CONSERVATION PROGRAM – ACQUISITION OF ASSESSOR’S
       PARCEL NUMBER 324-050-05 (REAMS/THOMSON)
       [FUNDING SOURCE(S): CALIFORNIA WILDLIFE CONSERVATION BOARD GRANT
       FUNDS]

8.     NOTICED PUBLIC HEARING:
       MULTIPLE SPECIES CONSERVATION PROGRAM – ACQUISITION OF ASSESSOR’S
       PARCEL NUMBERS 326-020-07 AND A PORTION OF 326-030-03.
       (BERKELEY/HERING)
       [FUNDING SOURCE(S): CALIFORNIA WILDLIFE CONSERVATION BOARD GRANT
       FUNDS AND DEPARTMENT OF PARKS AND RECREATION GENERAL FUNDS]

9.     NOTICED PUBLIC HEARING:
       MULTIPLE SPECIES CONSERVATION PROGRAM – ACQUISITION OF ASSESSOR’S
       PARCEL NUMBERS 664-010-47; 665-010-01, 02 (HANSON AGGREGATES)
       [FUNDING SOURCE(S): MULTIPLE SPECIES CONSERVATION PROGRAM
       GENERAL FUNDS]

10.    CONTINUED NOTICED PUBLIC HEARING:
       HEARING TO VACATE A PORTION OF KENORA DRIVE AND DALE AVENUE (VAC
       01-004), SPRING VALLEY COMMUNITY PLANNING AREA

11.    UPDATE REGARDING COUNTY OF SAN DIEGO STORMWATER MANAGEMENT
       PROGRAM

12.    APPROVAL OF THE STANDARD URBAN STORMWATER MITIGATION PLAN FOR
       LAND DEVELOPMENT AND PUBLIC IMPROVEMENT PROJECTS

13.    APPROVAL OF AN ORDINANCE AMENDING THE COUNTY CODE OF
       REGULATORY ORDINANCES RELATING TO WATERSHED PROTECTION,
       STORMWATER MANAGEMENT AND DISCHARGE CONTROL

14.    TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS



      11/13/02                                                             2
15.    COOPERATIVE AGREEMENT WITH THE BARONA BAND OF MISSION INDIANS
       FOR IMPROVEMENT TO WILDCAT CANYON ROAD
       (4 VOTES)

16.    REQUEST FOR USE OF 3.36 ACRES OF THE COUNTY’S FIVE PERCENT COASTAL
       SAGE SCRUB LOSS ALLOTMENT BY THE CITY OF SAN MARCOS FOR THE LOMA
       ALTA PROJECT
       (4 VOTES)

17.    APPROPRIATION OF U.S. DEPARTMENT OF AGRICULTURE FUNDING AND
       AUTHORIZATION FOR CONSTRUCTION OF JULIAN WASTEWATER TREATMENT
       PLANT IMPROVEMENTS
        [FUNDING SOURCE(S): FOR CONSTRUCTION ARE A GRANT AND LOAN FROM
       THE U.S. DEPARTMENT OF AGRICULTURE, ALONG WITH SANITATION DISTRICT
       FUND BALANCE]
       (4 VOTES)
       (Relates to Sanitation Districts Agenda Item No. 1)

18.    AGREEMENT WITH NORTH COUNTY TRANSIT DISTRICT AND CITIES OF
       OCEANSIDE, VISTA, SAN MARCOS, AND ESCONDIDO FOR COMPLETION OF
       OCEANSIDE-ESCONDIDO RAILROAD CROSSINGS STUDY
       [FUNDING SOURCE(S): TRANSNET]

19.    GILLESPIE FIELD – AVIATION LEASE WITH RPG INVESTMENTS, INC.
       [FUNDING SOURCE(S): AIRPORT ENTERPRISE FUND]
       (4 VOTES)

20.    AUTHORIZE THE ACQUISITION OF 83 ACRES KNOWN AS THE FURBY NORTH
       PROPERTY, OTAY MESA

21.    ADVERTISEMENT FOR BID AND AWARD OF A CONSTRUCTION CONTRACT –
       PINE VALLEY PARK IMPROVEMENTS
       [FUNDING SOURCE(S): COUNTY GENERAL FUNDS, PARK LAND DEDICATION
       ORDINANCE (PLDO) FUNDS, AND PROPOSITION 12 PER CAPITA GRANT FUNDS]

22.    SECTION 8 HOMEOWNERSHIP PROGRAM PLAN AND HOMEBUYER EDUCATION
       AND COUNSELING SERVICES
       [FUNDING SOURCE(S): FOR SECTION 8 HOMEOWNERSHIP PROGRAM ARE THE
       HOME PROGRAM AND CDBG PROGRAM AND FOR HOMEBUYER EDUCATION
       AND COUNSELING IS THE CDBG PROGRAM]
       (Relates to Housing Authority Agenda Item No. 1)

23.    APPLICATION FOR AND ACCEPTANCE OF STATE USED OIL RECYCLING BLOCK
       GRANTS: FY 2002-03 THROUGH FY 2003-04
       (4 VOTES)


      11/13/02                                                              3
24.    AGREEMENT WITH BERRYMAN & HENIGAR TO PROVIDE DESIGN ENGINEERING
       SERVICES ON AN AS-NEEDED BASIS
       [FUNDING SOURCE(S): FLOOD CONTROL DISTRICT FUND BALANCE]

25.    AN ORDINANCE ESTABLISHING COLLECTION OF FEES RELATING TO A
       REIMBURSEMENT AGREEMENT BETWEEN THE LAKESIDE SANITATION
       DISTRICT AND JOHN M. AND DENISE M. LANE
       (Relates to Sanitation Districts Agenda Item No. 2)

26.    AGREEMENT WITH TWO CONSULTANT FIRMS TO PROVIDE SUBSURFACE
       UTILITY ENGINEERING SERVICES ON AN AS-NEEDED BASIS
       [FUNDING SOURCE(S): TRANSNET]

27.    SOLE SOURCE PROCUREMENT OF ROAD RATER EQUIPMENT UPGRADE FROM
       FOUNDATION MECHANICS, INC.

28.    APPROVAL OF AN ORDINANCE AMENDING THE COUNTY CODE RELATING TO
       THE SOUTH CITRUS AVENUE SEWER MORATORIUM

29.    SET HEARING FOR 12/11/02
       OTAY VALLEY REGIONAL PARK – ACQUISITION OF ASSESSOR’S PARCEL NO.
       644-050-09 (TAKASHIMA)

30.    ADMINISTRATIVE ITEM:
       COUNTY OF SAN DIEGO TRACT NO. 5136-1, APPROVAL OF FINAL MAP AND
       SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED
       IN RAMONA PLANNING AREA

31.    ADMINISTRATIVE ITEM:
       COUNTY OF SAN DIEGO TRACT NO. 5028-1: APPROVAL OF FINAL MAP AND
       SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED
       IN VALLEY CENTER COMMUNITY PLANNING GROUP AREA

32.    ADMINISTRATIVE ITEM:
       COUNTY OF SAN DIEGO TRACT NO. 5114-1: APPROVAL OF FINAL MAP AND
       SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED
       IN HIDDEN MEADOWS SPONSOR GROUP PLANNING AREA

33.    ADMINISTRATIVE ITEM:
       COUNTY OF SAN DIEGO TRACT NOS. 5013-1 AND 5013-2 APPROVAL OF FINAL
       MAPS AND SECURED AGREEMENTS FOR PUBLIC AND PRIVATE
       IMPROVEMENTS LOCATED IN SAN DIEGUITO PLANNING AREA




      11/13/02                                                              4
34.    ADMINISTRATIVE ITEM:
       COUNTY OF SAN DIEGO TRACT NO. 5013-3: APPROVAL OF FINAL MAP AND
       SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED
       IN SAN DIEGUITO PLANNING AREA

35.    ADMINISTRATIVE ITEM:
       SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: FEE
       CONTINUED NOTICED PUBLIC HEARING:
       ADJUSTMENTS FOR THE DEPARTMENT OF AGRICULTURE, WEIGHTS AND
       MEASURES

36.    INVESTIGATION FOR PURCHASE OF THE RUTHERFORD RANCH WEST IN THE
       VOLCAN MOUNTAIN REGION

37.    CLOSED SESSION
       (CARRYOVER FROM 11/12/02 AGENDA NO. 15)

38.    PRESENTATIONS/AWARDS




      11/13/02                                                           5
1.         SUBJECT:          NOTICED PUBLIC HEARING:
                             DEFENSE AND INDEMNIFICATION FOR LAND USE
                             DEVELOPMENT PROJECTS (DISTRICT: ALL)

           OVERVIEW:
           On July 24, 2002, your Board directed County staff to return with a proposal regarding the
           issue of defense and indemnification for land use projects that would eliminate the previous
           proposed requirement that all land use project applicants enter into a defense and
           indemnification agreement with the County. This Board letter includes a recommendation
           that implements the change directed by your Board. The recommendation asks your Board
           to approve an ordinance that only would require defense and indemnification agreements
           from a land use project applicant if the Board of Supervisors determines to require such an
           agreement based upon the project risk. In addition, for other discretionary land use
           development project applicants, the ordinance provides that if the applicants cause liability
           for the County, the applicants will be required to indemnify the County only in the amount
           equal to the proportion of fault caused by the applicants.

           FISCAL IMPACT:
           The recommended action will mitigate financial risk arising from the approval of land use
           development projects by authorizing the Board of Supervisors to require a defense and
           indemnification agreement when the Board identifies a project that presents significant risk
           to the County, and by requiring indemnification when an agreement is not required in the
           amount of liability which is equal to the proportion of fault caused by the applicant, as
           determined by a court.

           BUSINESS IMPACT STATEMENT:
           This action is a continuation of the County's existing practice of requiring developers to
           defend and indemnify the County in connection with discretionary land use projects. In
           cases where the Board requires a defense and indemnification agreement, the action simply
           would change this requirement from being a condition of a permit to a requirement pursuant
           to an agreement. Where an agreement is not required, the indemnification requirement will
           continue pursuant to Section 86.203 of the County Code rather than by permit condition.
           Such changes are in form only, not substance, and thus do not result in any change or impact
           on business compared to current practice.

           RECOMMENDATION:
           COUNTY COUNSEL
           1. Find in accordance with section 15061(b)(3) of the State of California Environmental
              Quality Act (CEQA) Guidelines, that it can be seen with certainty there is no possibility
              that the following action may have a significant effect on the environment.

           2. Approve the introduction of the Ordinance, (first reading), read title and waive further
              reading of the Ordinance.
              An Ordinance Adding Chapter 2 To Division 6 Of Title 8 Of The San Diego County
              Code, And Amending Other Sections In The San Diego County Code And The San
              Diego County Zoning Ordinance, Related To Defense And Indemnification For Land
              Use Development Projects (Attachment 1).

11/13/02                                                                                           6
              Submit the Ordinance for further Board consideration and adoption (second reading)
              on December 4, 2002.

           3. Approve the standard form agreement entitled “Defense and Indemnification Agreement
              Between the County of San Diego and Applicant,” and authorize the Director of
              Planning and Land Use to execute such agreements on behalf of the County (Attachment
              2).

           CHIEF ADMINISTRATIVE OFFICER
           PLANNING COMMISSION
           DEPARTMENT OF PLANNING AND LAND USE
           Concur with the County Counsel’s recommendations.

           ACTION:
           ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors
           took action as recommended, on Consent, introducing Ordinances for further consideration
           on December 4, 2002.

           AYES: Cox, Jacob, Slater, Roberts, Horn


2.         SUBJECT:          CONTINUED NOTICED PUBLIC HEARING:
                             HEARING ON JACUMBA VALLEY RANCH SPECIFIC PLAN
                             (SP 91-03) AND MAJOR USE PERMIT (P91-012RPL),
                             MOUNTAIN EMPIRE SUBREGIONAL PLAN AREA
                             (DISTRICT: 2)

           OVERVIEW:
           On July 17, 2002 (1), the Board of Supervisors continued the hearing on the Jacumba Valley
           Ranch Specific Plan and Major Use Permit for a Water Reclamation Facility (Project) to this
           hearing date. The Board directed Department of Planning and Land Use (DPLU) staff and
           County Counsel to continue working with the Applicant, when the project’s deposit account
           is properly funded, in completing an Environmental Impact Report (EIR) and related
           documentation which satisfy the requirements of the County of San Diego and the California
           Environmental Quality Act (CEQA). At prior public hearings, the Board indicated that in
           order to approve the Project, the Board would require an EIR and related documentation
           satisfying County standards and meeting the requirements of CEQA.

           DPLU has processed the Project since its original submittal in 1991. The Project first came
           before the Board on June 21, 2000, at which time the Applicant was directed to make
           revisions to the Project and to the EIR. DPLU staff and County Counsel worked with the
           Applicant on an ambitious schedule, assisting in the effort to prepare adequate project
           documents and an EIR which satisfies the requirements of CEQA. On April 12, 2002,
           DPLU sent a letter to the Applicant (see letter at Attachment B) which summarized the status
           of the EIR and the other work required for a County decision on the Project. The letter
           specified 17 tasks which need to be completed before the Project can be brought to the Board
           for a final decision. Many of these tasks remain uncompleted at this time. The Applicant
           has not provided any additional work to the County since the July 17, 2002 Board meeting.
11/13/02                                                                                          7
           The Applicant has not funded its deposit account which is approximately $26,382 in deficit.
           Additional information concerning the Project history is found in the background section of
           this Board letter and in the proposed resolution found at Attachment A.

           FISCAL IMPACT:
           N/A

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           Adopt the Resolution entitled “A Resolution of the Board of Supervisors Denying the
           Jacumba Valley Ranch Specific Plan SP 91-03 and Major Use Permit P91-012RPL”
           (Attachment A) for the reasons specified therein.

           ACTION:
           ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
           continued the Hearing to January 15, 2003, with the following requirements to the applicant:
           1) Repay all monies owed to the County; 2) Provide a deposit in its account to the
           satisfaction of the Department of Planning and Land Use in order to continue processing of
           project; 3) Provide the necessary securities satisfying the Counties indemnification
           requirements. If the applicant does not meet all requirements the Chief Administrative
           Officer is directed to bring this item forward for denial.

           AYES: Cox, Jacob, Slater, Roberts, Horn

3.         SUBJECT:          CONTINUED NOTICED PUBLIC HEARING:
                             HILLSIDE MEADOWS; TENTATIVE MAP - TM 5203RPL;
                             LAKESIDE COMMUNITY PLAN (DISTRICT: 2)

           OVERVIEW:
           On February 13, 2002 (3) the Board directed the applicant to redesign the project to move
           proposed homes at least 50 feet from the project boundary with the adjacent Egg Ranch, to
           limit the homes along that boundary to a single story, to incorporate an equestrian trail and
           public park on the project site and concrete floors in the adjacent chicken houses. The Board
           further directed that a report be prepared on the requirement for concrete floors and that a
           cost estimate for the floors be provided and continued the hearing to April 17, 2002. On
           April 17, 2002 (1) and July 17, 2002 (2), the Board of Supervisors continued the hearing to
           allow the applicant time to prepare supporting documentation and to design a revised project
           to bring back to the Board of Supervisors for consideration.

           The applicant has incorporated a public park and an equestrian trail into the revised project
           design. The applicant has also prepared a Wind Shade Analysis to determine if the revised
           project design will cause a reduction in prevailing wind speeds (“wind shade effect”) and
           reduce the available natural ventilation at the location of the Egg Ranch. The Analysis
           concludes that any potential wind shade effect of the revised project will not cause a negative
           impact at the Egg Ranch. Therefore, in the revised project design, the homes that remain
           along the project boundary with the Egg Ranch have not been limited to a single story and
           installation of concrete floors in the adjacent Egg Ranch chicken houses is not included in
           the project conditions.
11/13/02                                                                                             8
           FISCAL IMPACT:
           N/A

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER:
           Adopt the Resolution approving TM 5203RPL, 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 B)

           ACTION:
           ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
           closed the hearing and took action approving the Chief Administrative Officers
           recommendations, and adopting Resolution No. 02-351, entitled: RESOLUTION OF SAN
           DIEGO COUNTY BOARD OF SUPERVISORS APPROVING CONDITIONS FOR
           TENTATIVE MAP NO. 5203RPL1, with the following conditions:

                   To remove lots 92, 146, 141, 140, 139, 138, 137, 136 and 135 to provide an open
                   space buffer between the agriculture operation and the residential lots, or

                   Require the applicant provide concrete floors for the chicken houses, done to the
                   satisfaction of the Department of Planning and Land Use (DPLU), in an amount not
                   to exceed $100,000.

           Additionally, direct county staff to work with San Diego Gas and Electric (SDG&E) and
           adjacent property owners to extend the trail easement north into Eucalyptus Hills and south
           to connect up to the San Diego River Trail.

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

4.         SUBJECT:           NOTICED PUBLIC HEARING:
                              ONYX RIDGE AMENDMENT TO THE RANCHO CIELO
                              SPECIFIC PLAN (SPA 00-006), ZONE RECLASSIFICATION
                              (R01-008), AND TENTATIVE MAP (TM 5010RPL4), SAN
                              DIEGUITO COMMUNITY PLAN AREA (DISTRICT: 5)

           OVERVIEW:
           This is a request to amend the Rancho Cielo Specific Plan to allow the transfer of four lots
           from an area west and north of Escondido Creek to an area east and south of the Creek. The
           project proposes the development of a total of nine residential lots. The nine lots would all
           be clustered in an area currently approved for five lots. The project site is subject to the (21)
           Specific Plan Area (.27) Land Use Designation of the San Dieguito Community Plan and the
           zoning for the site includes the RR1 Rural Residential and the S80 Open Space use
           Regulations. A Zone Reclassification and a Tentative Map are being processed concurrently.
            The project proposes to change 8.85 acres on the west and north side of Escondido Creek
           from RR1 to S80 Use Regulations and 0.6 acres on the east and south side of Escondido
           Creek are proposed to be changed from S80 to RR1, an 8.25 acre net change to S80. The
11/13/02                                                                                               9
           Tentative Map proposes the subdivision of 80.5 gross acres into nine residential lots, one
           road lot and one open space lot. The proposed minimum one-acre residential lots are
           consistent with the Country Estate Designation of the Rancho Cielo Specific Plan. The
           Rancho Cielo Specific Plan is located northeasterly of the community of Rancho Santa Fe.
           The project site is located at the northerly terminus of Camino Sin Puente.

           FISCAL IMPACT:
           N/A

           RECOMMENDATION:
           PLANNING COMMISSION:
           1.  Adopt the attached Resolution approving the amendment (SPA 00-006) to the
               Rancho Cielo Specific Plan which makes the appropriate findings and includes those
               requirements and conditions necessary to ensure that the project is implemented in a
               manner consistent with State law and the County General Plan.

           2.     Adopt the Resolution approving Tentative Map 5010RPL4 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.

           3.     Adopt the attached Form of Ordinance (Attachment C):

                  AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF
                  THE RANCHO CIELO SPECIFIC PLAN AREA IN THE SAN DIEGUITO
                  COMMUNITY PLAN AREA REF: SPA 00-006, R01-008. TM 5010RPL4.

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

           ACTION:
           ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors
           closed the hearing and took action as recommended, on Consent, adopting Resolution No.
           02-352, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF
           SUPERVISORS APPROVING SPECIFIC PLAN AMENDMENT SPA 00-006 RANCHO
           CIELO SPECIFIC PLAN, Resolution No. 02-353, entitled: RESOLUTION OF SAN DIEGO
           COUNTY BOARD OF SUPERVISORS APPROVING TENTATIVE MAP NO. 5010RPL4
           ONYX RIDGE, and adopting Ordinance No. 9512 (N.S.), entitled: AN ORDINANCE
           CHANGING THE ZONING CLASSIFICATION OF THE RANCHO CIELO SPECIFIC
           PLAN AREA IN THE SAN DIEGUITO COMMUNITY PLAN AREA REF: SPA 00-006,
           R01-008. TM 5010RPL4.

           AYES: Cox, Jacob, Slater, Roberts, Horn




11/13/02                                                                                        10
5.         SUBJECT:          NOTICED PUBLIC HEARING:
                             A TOUCH FROM ABOVE MINISTRIES, APPEAL OF MAJOR
                             USE PERMIT MODIFICATION (P84-004W1) FOR RELIGIOUS
                             ASSEMBLY, RAMONA COMMUNITY PLANNING AREA
                             (DISTRICT: 2)

           OVERVIEW:
           This is an appeal filed by the Ramona Community Planning Group of the Planning
           Commissions September 20, 2002 approval of Major Use Permit Modification P84-004W1.

           The request is for a Major Use Permit Modification to authorize a Religious Assembly
           complex and retreat. The proposed modification would consist of construction of a 3,000
           square-foot library building, 4,200 square-foot office building, and individual retreat
           structures in conjunction with various existing buildings on the site. New signage is also
           proposed. Proposed uses for the site include religious studies, Sunday services, bible study,
           and special events. The project site is also subject to the “S” Scenic Area Special Area
           Regulations.

           The 23.5-acre project site is located at 16145 Highway 67 in the Ramona Community
           Planning Area. The General Plan Land Use Designation is (18) Multiple Rural Use and the
           zoning is A70 Limited Agricultural Use Regulations.

           FISCAL IMPACT:
           N/A

           RECOMMENDATION:
           PLANNING COMMISSION:
           Deny the appeal, and Grant a Major Use Permit P84-004W1 and “S” Designator Site Plan
           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 San
           Diego County Zoning Ordinance and applicable State law.

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

           ACTION:
           ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors
           closed the hearing and approved the recommendations with the following conditions:

                  1.        Provide landscape buffer for the entire property line along Hedy Drive with
                       large plants, so there is no visibility from Hedy Drive onto the property and this
                       is to be done to the satisfaction of the Director of the Department of Planning and
                       Land Use (DPLU).

                  2.      Relocate the overflow parking proposed next to the property line along Hedy
                       Drive to the flat area in the center of the property where the tent was proposed
                       and has since been removed.

11/13/02                                                                                             11
                  3.       Construct the emergency access gate located on Hedy Drive, designing it to
                       the satisfaction of the Ramona Fire Department and DPLU.

                  4.      Limit the numbers to 200 people on-site.

                  5.      Direct the Chief Administrative Officer to report back in 1 year to review the
                       uses on-site and to give a full report on compliance with the major use permit.

           AYES: Cox, Jacob, Slater, Roberts, Horn


6.         SUBJECT:          NOTICED PUBLIC HEARING:
                             MOUNT OLYMPUS PRESERVE – ACQUISITION OF A
                             PORTION OF ASSESSOR’S PARCEL NUMBER 109-280-08
                             (DISTRICT: 5)
           OVERVIEW:
           Mount Olympus is a 706-acre preserve owned and managed by the Department of Parks
           and Recreation. The preserve is not easily accessible to the public because it lacks a
           specific entryway and there is no designated parking. County staff investigated several
           adjacent properties and located a property owner interested in selling 4.79 acres of land to
           the County that will fulfill the needs of a future staging area.

           On October 9, 2002 (9), the Board set a hearing to consider the purchase of a portion of
           Assessor’s Parcel Number 109-280-08 from Arthur and Sharon Wallace for the appraised
           value of $160,000. The Board is requested to approve the Purchase and Sale Agreement
           with Arthur and Sharon Wallace.

           FISCAL IMPACT:
           Funds for this proposal are budgeted in Capital Project KA1562 – North County Open Space
           Acquisitions. The funding source is the General Fund. If approved, the proposal will result
           in a cost of $160,000 in Fiscal Year 2002/2003, no annual costs and require the addition of
           no staff years.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Find, in accordance with Section 15316 of the California Environmental Quality Act
              (CEQA) guidelines, that the proposed acquisition is exempt from the Act, as it involves
              access to a park where the land is in a natural condition and the management plan has yet
              to be prepared.

           2. Approve the Purchase and Sale Agreement for the purchase of Assessor’s Parcel Number
              109-280-08 (portion) from Arthur and Sharon Wallace for the appraised value of
              $160,000 and direct the Clerk to execute two originals of the Purchase and Sale
              Agreement.

           3. Authorize the Director, Department of General Services, or assignee, to execute all
              escrow and related documents necessary to complete the purchase contingent upon a
              negative hazardous materials finding.
11/13/02                                                                                    12
           ACTION:
           ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors
           closed the hearing and took action as recommended, on Consent.

           AYES: Cox, Jacob, Slater, Roberts, Horn


7.         SUBJECT:          NOTICED PUBLIC HEARING:
                             MULTIPLE SPECIES CONSERVATION PROGRAM –
                             ACQUISITION OF ASSESSOR’S PARCEL NUMBER 324-050-05
                             (REAMS/THOMSON) (DISTRICT: 2)

           OVERVIEW:
           The purchase of Assessor’s Parcel Number 324-050-05 is part of an ongoing acquisition
           program to assemble and preserve important habitat lands identified in the County of San
           Diego Multiple Species Conservation Program Subarea Plan, Metro/Lakeside/Jamul
           segment. This property lies within a pre-approved mitigation area.

           The State of California, federal government and other agencies have committed to partner
           with the County of San Diego to acquire or fund the acquisition of habitat lands within the
           Multiple Species Conservation Program Preserve areas.

           On September 18, 2002 (17), the Board set a hearing to consider the purchase of Assessor
           Parcel Number 324-050-05 containing 40 acres. The Board is requested to approve the
           Purchase and Sale Agreement with Reams/Thompson, et al., for the purchase of this parcel.

           FISCAL IMPACT:
           Funds for this proposal are budgeted in Capital Project KA9500 for the Multiple Species
           Conservation Program Acquisitions. The funding source is California Wildlife Conservation
           Board grant funds. If approved, the proposal will result in a cost of $180,000 in Fiscal Year
           2002/2003, no annual costs and require the addition of no staff years.

           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 the Act, as it involves
              the transfer of ownership of interest in land to preserve open space and natural habitat.

           2. Approve the Purchase and Sale Agreement for the purchase of Assessor’s Parcel Number
              324-050-05 from Reams/Thompson for the appraised value of $180,000 and direct the
              Clerk to execute two originals of the Purchase and Sale Agreement.

           3. Authorize the Director, Department of General Services, or assignee, to execute all
              escrow and related documents necessary to complete the purchase.




11/13/02                                                                                           13
           ACTION:
           ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors
           closed the hearing and took action as recommended, on Consent.

           AYES: Cox, Jacob, Slater, Roberts, Horn

8.         SUBJECT:          NOTICED PUBLIC HEARING:
                             MULTIPLE SPECIES CONSERVATION PROGRAM –
                             ACQUISITION OF ASSESSOR’S PARCEL NUMBERS 326-020-
                             07 AND A PORTION OF 326-030-03. (BERKELEY/HERING)
                             (DISTRICT: 2)
           OVERVIEW:
           The purchase of Assessor’s Parcel Numbers 326-020-07 and a portion of 326-030-03 is part
           of an ongoing acquisition program to assemble and preserve important habitat lands
           identified in the County of San Diego Multiple Species Conservation Program Subarea Plan,
           Metro/Lakeside/Jamul segment. This property lies within a pre-approved mitigation area.
           The State of California, federal government and other agencies have committed to partner
           with the County of San Diego to acquire or fund the acquisition of habitat lands within the
           Multiple Species Conservation Program Preserve areas.

           On October 2, 2002 (4), the Board of Supervisors set a hearing for November 13, 2002 to
           consider the purchase of Assessor’s Parcel Numbers 326-020-07 and a portion of 326-030-
           03, containing 61.49 acres, from Berkeley/Hering, et al. for the appraised value of $457,200.
            The Board is requested to approve the Purchase and Sale Agreement with Berkeley/Hering
           for the purchase of these parcels.

           FISCAL IMPACT:
           Funds for this proposal are budgeted in Capital Project KA9500 – Multiple Species
           Conservation Program Acquisitions. The funding source is $395,000 from California
           Wildlife Conservation Board grant funds and $62,200 of Department of Parks and
           Recreation General Funds. If approved, this proposal will result in a cost of $457,200 in
           Fiscal Year 2002/2003, no annual costs and will require the addition of no staff years.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Find, in accordance with Section 15325 of the California Environmental Quality Act
              Guidelines, that the proposed acquisition is exempt from the Act, as it involves the
              transfer of ownership of interest in land to preserve open space and natural habitat.

           2. Approve the Purchase and Sale Agreement for the purchase of Assessor’s Parcel
              Numbers 326-020-07 and 326-030-03 (portion) from Berkeley/Hering for the appraised
              value of $457,200 and direct the Clerk to execute two originals of the Purchase and Sale
              Agreement.

           3. Authorize the Director, Department of General Services, or assignee, to execute all
              escrow and related documents necessary to complete the above purchase.

11/13/02                                                                                           14
           ACTION:
           ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors
           closed the hearing and took action as recommended, on Consent.

           AYES: Cox, Jacob, Slater, Roberts, Horn


9.         SUBJECT:          NOTICED PUBLIC HEARING:
                             MULTIPLE SPECIES CONSERVATION PROGRAM –
                             ACQUISITION OF ASSESSOR’S PARCEL NUMBERS 664-010-
                             47; 665-010-01, 02 (HANSON AGGREGATES) (DISTRICT: 1)

           OVERVIEW:
           The County of San Diego is developing the Tijuana River Valley Regional Park within the
           Tijuana River Valley. It will provide the adjacent population with quality outdoor recreation
           amenities while protecting and enhancing the biological and natural resources of the valley.
           In the past decade, the County of San Diego has purchased approximately 1,300 acres and
           will continue to purchase land from willing sellers to complete the Park.

           Hanson Aggregates Pacific Southwest, Inc. owns Assessor’s Parcel Numbers 664-010-47,
           665-010-01 and 02, totaling 75.59 acres in the valley, and has agreed to sell the property to
           the County for inclusion in the Tijuana River Valley Regional Park. On October 2, 2002 (5),
           the Board set a hearing to consider the purchase of Assessor’s Parcel Numbers 664-010-47;
           665-010-01 and 02.

           The Board is requested to approve the Purchase and Sale Agreement with Hanson
           Aggregates, for $1,387,500, for the purchase of these parcels.

           FISCAL IMPACT:
           Funds for this proposal are budgeted in Capital Project KA 9500 – MSCP Acquisitions.
           The funding source is Multiple Species Conservation Program General Funds. If
           approved, the proposal will result in a cost of $1,387,500 in Fiscal Year 2002/2003, no
           annual costs and require the addition of no staff years.

           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 the Act, as it
              involves the transfer of ownership in land to preserve open space and natural habitat.

           2. Approve the Purchase and Sale Agreement for the purchase of Assessor’s Parcel
              Numbers 664-010-47; 665-010-01 and 02 from Hanson Aggregates for $1,387,500
              and direct the Clerk of the Board to execute two originals of the Purchase and Sale
              Agreement.

           3. Authorize the Director, Department of General Services, or assignee, to execute all
              escrow and related documents necessary to complete the purchase.

11/13/02                                                                                           15
           ACTION:
           ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors
           closed the hearing and took action as recommended, on Consent.

           AYES: Cox, Jacob, Slater, Roberts, Horn


10.        SUBJECT:          CONTINUED NOTICED PUBLIC HEARING:
                             HEARING TO VACATE A PORTION OF KENORA DRIVE
                             AND DALE AVENUE (VAC 01-004), SPRING VALLEY
                             COMMUNITY PLANNING AREA (DISTRICT: 2)
                             (CARRYOVER FROM 10/9/02, AGENDA NO. 3)

           OVERVIEW:
           On October 9, 2002 (3), your Board at the request of the Chief Administrative Officer
           continued this item to November 13, 2002.

           This is a request for Board approval to vacate a portion of Kenora Drive and Dale Avenue in
           the community of Spring Valley. On September 18, 2002 (7), the Board set a public hearing
           for today to consider this vacation. The portion of right-of-way to be vacated is a triangular
           shaped area located on the southeast corner of the intersection of Kenora Drive and Dale
           Avenue and adjacent to the residentially zoned parcel (APN 504-340-24) (Thomas Guide,
           Page 1271, C-5, 2002 Edition).

           The land proposed for vacation was accepted by the County on February 19, 1912, for Old
           Highway Route 16. Old Highway Route 16 is no longer designated in the area. Kenora
           Drive and Dale Avenue function as Residential Collectors. The area proposed for vacation is
           not needed to construct a Residential Collector. It is considered excess right-of-way and is
           no longer needed for public use.

           FISCAL IMPACT:
           N/A

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Find the project as proposed is categorically exempt from California Environmental
              Quality Act (CEQA) guidelines pursuant to Section 15305 (Minor Alterations in Land
              Use Limitations). Proposed project is a road vacation, in an area with an average slope
              less than 20% which does not result in any changes to land use or density.

           2. Adopt a Resolution Vacating A Portion of Kenora Drive and Dale Avenue pursuant to
              Streets and Highway Code Section 8324.

           3. Direct the Clerk of the Board of Supervisors to record this Resolution pursuant to Streets
              and Highways Code Section 8325.



11/13/02                                                                                            16
           ACTION:
           ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors
           closed the hearing and took action as recommended, on Consent, adopting Resolution No.
           02-354, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
           COUNTY OF SAN DIEGO VACATING A PORTION OF KENORA DRIVE AND DALE
           AVENUE (VAC 01-004).

           AYES: Cox, Jacob, Slater, Roberts, Horn


11.        SUBJECT:         UPDATE REGARDING COUNTY OF SAN DIEGO
                            STORMWATER MANAGEMENT PROGRAM
                            (DISTRICT: ALL)

           OVERVIEW:
           This letter provides the Board of Supervisors with an update regarding the county’s
           Stormwater Management Program. A program overview begins with why we have a
           program and what it does, including a description of basic elements – prevention,
           education, enforcement, and measurement. Following this overview, we discuss issues
           of program balance, including how efforts to improve water quality are tempered by
           efforts to mitigate the regulatory burden imposed upon our customers. We also review
           the science behind our efforts, including not just what we know, but also what we need to
           know. We conclude with how we will measure success and a brief mention of
           outstanding issues.

           The law requires that the County have a Stormwater Management Program.
           Responsibility for preventing and reducing stormwater pollution is imposed upon local
           jurisdictions by a Municipal Stormwater Permit (Permit) issued by the San Diego
           Regional Water Quality Control Board (RWQCB).

           We also have a Stormwater Management Program because it is the right thing to do.
           Clean water is essential to every aspect of life – from basic health and welfare, to
           environmental preservation, to economic growth and prosperity. Of particular concern is
           “Urban runoff,” a generic term for all water that picks up pollutants and carries them to
           our local waterways and the ocean. “Stormwater” generally refers to urban runoff that
           occurs during wet weather, when pollutant loads flowing into our water conveyance
           systems dramatically increase.

           Available data show that contaminants such as bacteria and pesticides are consistently
           present at high levels in watersheds and receiving waters. Urban runoff pollution is a
           problem of widespread and growing significance.

           Much of what we do under our Program is dictated by RWQCB Permit requirements.
           We must meet our Permit obligations to avoid significant fines and penalties. However,
           equally important is developing a Program that makes sense, rather than simply meeting
           Permit requirements. Even though the County agrees with the general goals of federal
           and State requirements, we recognize that sometimes there is a wrong way to do the right

11/13/02                                                                                        17
           thing. The County’s ongoing goal is to shape a program that is not only vigorous, but
           also consistent, fair, and based firmly in sound science.

           The underlying philosophy of Program implementation is that mandate alone is not the
           way to achieve clean water. Education is key to building a shared commitment to clean
           water objectives, and enabling County residents to become partners in this effort.
           Enforcement is used only when needed or required. Large fines and civil and criminal
           enforcement are reserved for repeated, willful, or egregiously negligent violations.

           Major emphasis is placed on measurement. Establishing a firm basis in science and
           specifically quantifying Program impacts on water quality is essential to ensuring that our
           efforts achieve tangible clean water outcomes. Sensible regulation and effective
           application of resources is an ongoing challenge. Staff is working to improve the
           scientific foundation of our Program, even beyond what the EPA and RWQCB require.

           Despite successes, important issues remain. Increased requirements imposed by the new
           Permit have resulted in increased Program costs, which present long-term funding issues.
            Maintaining balance between Permit compliance, environmental protection, and fiscal
           accountability will be a constant challenge. Furthermore, causes of urban runoff
           pollution are not easily quantified. Efforts continue to collect sound data, which is used
           to target prevention activities.

           FISCAL IMPACT:
           None.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           Receive the Stormwater Management Program Report.

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

           AYES: Cox, Jacob, Slater, Roberts, Horn


12.        SUBJECT:          APPROVAL OF THE STANDARD URBAN STORMWATER
                             MITIGATION PLAN FOR LAND DEVELOPMENT AND
                             PUBLIC IMPROVEMENT PROJECTS (DISTRICT: ALL)

           OVERVIEW:
           The Regional Water Quality Control Board issued the Municipal Stormwater Permit to the
           County and copermittees on February 21, 2001. On January 16, 2002 (17), the Board
           approved the Watershed Protection, Stormwater Management and Discharge Control
           Ordinance (Watershed Protection Ordinance) that established the County’s regulatory
           program for stormwater, including requirements for land development sites.



11/13/02                                                                                         18
           The Municipal Stormwater Permit requires that a local Standard Urban Stormwater
           Mitigation Plan (SUSMP) be adopted on or before December 12, 2002. The proposed
           County SUSMP has been developed to provide a single-source reference for design of
           private and public land development projects. The proposed SUSMP is not a County
           Ordinance amendment, but it incorporates land development requirements from the
           Watershed Protection Ordinance (including anticipated amendments to implement the
           SUSMP), and sets forth the process that project designers need to follow to assure
           compliance with ordinance and permit requirements.

           FISCAL IMPACT:
           County costs for compliance with Standard Urban Stormwater Mitigation Plan will be
           included in Capital Improvement Program project budgets. If approved, this action will
           result in no current or subsequent year costs, and no additional staff years will be
           required.

           BUSINESS IMPACT STATEMENT:
           It is estimated that implementing the County’s Watershed Protection Ordinance
           requirements represents approximately 1 to 3 percent of the cost of an average new home.
           The majority of the Standard Urban Stormwater Mitigation Plan procedures are currently
           being implemented; therefore, no significant change in stormwater compliance cost is
           anticipated.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Find that adoption of the Standard Urban Stormwater Mitigation Plan is categorically
              exempt from CEQA as specified under sections 15307 and 15308 of the State CEQA
              Guidelines, because it is an action by a regulatory agency for protection of natural
              resources and the environment.

           2. Approve the Standard Urban Stormwater Mitigation Plan for land development and
              public works projects.

           3. Authorize the Director, Department of Public Works, to amend and update the Standard
              Urban Stormwater Mitigation Plan as necessary or appropriate in the future, to maintain
              consistency with the Municipal Stormwater Permit, County Ordinances, and related
              County policies.

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

           AYES: Cox, Jacob, Slater, Roberts, Horn




11/13/02                                                                                        19
13.        SUBJECT:          APPROVAL OF AN ORDINANCE AMENDING THE COUNTY
                             CODE OF REGULATORY ORDINANCES RELATING TO
                             WATERSHED PROTECTION, STORMWATER
                             MANAGEMENT AND DISCHARGE CONTROL
                             (DISTRICT: ALL)
           OVERVIEW:
           The Regional Water Quality Control Board issued the Municipal Stormwater Permit to the
           County and copermittees on February 21, 2001. On January 16, 2002 (17), the Board
           approved the Watershed Protection, Stormwater Management and Discharge Control
           Ordinance (Watershed Protection Ordinance) that established the County’s regulatory
           program for stormwater, including requirements for land development sites.

           The Municipal Stormwater Permit requires that this proposed ordinance implementing a
           local Standard Urban Stormwater Mitigation Plan (SUSMP) be adopted on or before
           December 12, 2002. In addition, we are proposing other amendments to the Watershed
           Protection Ordinance are needed to implement a new compliance alternative for flat pads, to
           update maps, to allow public maintenance of BMPs in appropriate cases, and to clarify the
           relationships between state programs and the County ordinance.
           FISCAL IMPACT:
           County costs for compliance with the Standard Urban Stormwater Mitigation Plan will
           be included in Capital Improvement Program project budgets. If approved, this action
           will result in no current or subsequent year costs, and no additional staff years will be
           required.
           BUSINESS IMPACT STATEMENT:
           It is estimated that implementing the County’s Watershed Protection Ordinance
           requirements represents approximately 1 to 3 percent of the cost of an average new home.
           The majority of the Standard Urban Stormwater Mitigation Plan procedures are currently
           being implemented; therefore, no significant change in stormwater compliance cost is
           anticipated. Other changes to this ordinance will reduce compliance costs.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Find that adoption of these amendments to the Watershed Protection, Stormwater
              Management and Discharge Control Ordinance is categorically exempt from CEQA as
              specified under sections 15307 and 15308 of the State CEQA Guidelines, because it is
              an action by a regulatory agency for protection of natural resources and the environment.

           2. Approve the introduction of the Ordinance (first reading), read title and waive further
              reading of the Ordinance.

              AN ORDINANCE AMENDING THE COUNTY CODE OF REGULATORY
              ORDINANCES RELATING TO WATERSHED PROTECTION, STORMWATER
              MANAGEMENT AND DISCHARGE CONTROL

              Submit the Ordinance for further Board consideration and adoption (second reading) on
              December 4, 2002.

11/13/02                                                                                          20
           ACTION:
           ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors
           took action as recommended, on Consent, introducing Ordinance for further consideration on
           December 4, 2002.

           AYES: Cox, Jacob, Slater, Roberts, Horn


14.        SUBJECT:          TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
                             (DISTRICTS 1, 2 & 5)

           OVERVIEW:
           The Traffic Advisory Committee meets every six weeks to review proposed changes or
           additions to regulatory traffic controls. Fifteen items were on the Committee's September 6,
           2002, meeting agenda. The Committee recommends your action on 12 items, as 3 items were
           continued prior to the meeting. Item 2-C was continued at the request of the Valle de Oro
           Community Planning Group, Item 5-B was continued at the request of the Rancho Santa Fe
           Association and Item 5-C was continued at the request of the Fallbrook Community
           Planning Group. All 12 remaining items are recommended for action.

           On August 7, 2002 (7), the Board directed the Chief Administrative Officer to work with the
           San Miguel Fire Protection District, Sheriff’s Spring Valley COPPS Unit and Spring Valley
           Community Planning Group to investigate alternatives to address emergency response access
           issues on Sweetwater Lane, to include an analysis of making Sweetwater Lane a one-way
           street, and report back to the Board.

           The San Miguel Fire Protection District and Sheriff’s Spring Valley COPPS Unit indicated
           their primary need to be establishment of a parking prohibition along either side of
           Sweetwater Lane to provide timely and efficient emergency services, whether or not
           Sweetwater Lane becomes a one-way street. They both indicated that allowing parking
           along both sides of the road leaves only a 12-foot lane in the middle of the street. The fire
           station’s ladder truck needs 17 feet to operate. Since the emergency agencies require a
           parking prohibition along either side of Sweetwater Lane, making Sweetwater Lane a one-
           way street would make no difference. The Spring Valley Community Planning Group
           recommends the establishment of a parking prohibition along the east side of Sweetwater
           Lane from Jamacha Road to Harness Street. The Chief Administrative Officer supports the
           Spring Valley Community Planning Group’s recommendation.

           On June 19, 2002 (4), the Board directed the issue of establishing a stop control for
           westbound traffic on Kahlua Way and Carthay Circle be referred to the Valle de Oro
           Community Planning Group for review and comment. The Valle de Oro Community
           Planning Group recommended that a stop control not be established for westbound traffic on
           Kahlua Way and Carthay Circle. This recommendation is consistent with the TAC
           recommendation.

           On April 17, 2002 (5), the Board directed the Chief Administrative Officer to report to the
           Board in six months with an evaluation of the changes at the intersection of Alpine

11/13/02                                                                                           21
           Boulevard and South Grade Road/Victoria Drive East. A recent review of the operating
           conditions, including an analysis of the most recent three-month history of reported
           collisions, indicates this intersection is working well in its present state.

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

           RECOMMENDATION:
           TRAFFIC ADVISORY COMMITTEE
           Consider and file report including the following recommendations:

           District 1
           1-A.   Bonita Road, between Andorra Way and Glen Abbey Boulevard, BONITA-Do not
                  establish a Senior Citizen Zone.
           1-B.   Bonita Road, from the Chula Vista City Limit (near Plaza Bonita Road) to the Chula
                  Vista City Limit (near Willow Street), BONITA-Do not lower the existing 50 MPH
                  speed limit.
           District 2
           2-A.   Fourth Street, both sides, from the El Cajon City Limit northerly to Naranca Avenue,
                  EL CAJON- Do not establish a parking prohibition from 7 AM to 3:30 PM on
                  School Days. Direct the Chief Administrative Officer to establish dialogue between
                  all interested parties to effectively resolve the existing parking conditions and reach
                  an acceptable solution.
           2-B.   Jamacha Road and Darby Street, SPRING VALLEY-Do not establish an all-way
                  stop control. Do not place this intersection on the County’s Traffic Signal Priority
                  List.
           2-C.   This item was continued prior to the meeting at the request of the Valle de Oro
                  Community Planning Group.
           2-D.   Vista Ramona/Sargeant Road from Gymkhana Road to a point 1,000 feet north of
                  Rutherford Road, RAMONA-Do not lower the existing 35 MPH speed limit. Direct
                  the existing 35 MPH speed limit be certified for radar enforcement.
           2-E.   Vista Ramona from a point 1,000 feet north of Rutherford Road to Old Julian
                  Highway, RAMONA-Establish a 50 MPH speed limit. Direct the proposed 50 MPH
                  speed limit be certified for radar enforcement.
           2-F1. 12th Street and D Street, RAMONA-Delete an existing stop control resolution for
                 both directions of travel on 12th Street.

           District 5
           5-A.   Solar Lane, east side, from Twin Oaks Valley Road northerly 1,000 feet, VISTA-Do
                  not establish a parking prohibition.

           5-B.   This item was continued prior to the meeting at the request of the Rancho Santa Fe
                  Association.
           5-C.   This item was continued prior to the meeting at the request of the Fallbrook
11/13/02                                                                                  22
                  Community Planning Group.
           5-D.   Calavo Drive and Deodar Road, ESCONDIDO-Establish stop controls for east and
                  west bound traffic on Calavo Drive.

           5-E1. Camino del Norte and Dove Canyon Road, 4S RANCH-Legalize a newly
                 constructed traffic signal.

           5-E2. Camino del Norte and 4S Ranch Parkway, 4S RANCH -Legalize a newly
                 constructed traffic signal.

           5-E3. Camino del Norte and Lone Quail/Rancho Bernardo Road, 4S RANCH -Legalize a
                 newly constructed traffic signal.

           CHIEF ADMINISTRATIVE OFFICER
           1.  Find, pursuant to Section 15301 (c) of the State California Environmental Quality Act
               (CEQA) Guidelines, that these regulatory traffic issues are minor alterations to
               existing streets that involves no expansion of an existing use.

           2.     Concur with Traffic Advisory Committee's recommendations.

           3.      Adopt, amend and/or delete the following Resolutions.

                  No. 303 (Items 5-E1, 5-E2 and 5-E3)

                  No. 304 (Items 2-F1 and 5-D)

           4.     Approve the introduction, read title and waive further reading of Ordinance (Item 2-
                  E).

                  AN ORDINANCE ADDING SECTION 72.161.21.1. TO THE SAN DIEGO
                  COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE
                  COUNTY OF SAN DIEGO

                  Submit for further Board consideration and adoption (second reading), on December
                  4, 2002.

           5.     Concur with the Spring Valley Community Planning Group’s recommendation to
                  establish a parking prohibition along the east side of Sweetwater Lane from Jamacha
                  Road to Harness Lane.

           6.     Concur with the Traffic Advisory Committee’s prior recommendation not to
                  establish a stop control for westbound traffic on Kahlua Way and Carthay Circle.

           7.      Adopt Resolution No. 301 (Recommendation #5).

     14.1 ACTION:
          ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors,
          excepting Recommendations No. 5 and 7, took action as recommended, on Consent,
          introducing Ordinance for further consideration on December 4, 2002 and adopting

11/13/02                                                                                         23
             Resolutions:

             No. 02-355, entitled: TRAFFIC RESOLUTION NO. 2800 RESOLUTION AMENDING
             TRAFFIC RESOLUTION NO. 303 RELATING TO THE ESTABLISHMENT OF
             SIGNALIZED INTERSECTIONS IN THE COUNTY OF SAN DIEGO,

             No. 02-356, entitled: TRAFFIC RESOLUTION NO. 2801 RESOLUTION AMENDING
             TRAFFIC RESOLUTION NO. 303 RELATING TO THE ESTABLISHMENT OF
             SIGNALIZED INTERSECTIONS IN THE COUNTY OF SAN DIEGO,

             No. 02-357, entitled: TRAFFIC RESOLUTION NO. 2802 RESOLUTION AMENDING
             TRAFFIC RESOLUTION NO. 303 RELATING TO THE ESTABLISHMENT OF
             SIGNALIZED INTERSECTIONS IN THE COUNTY OF SAN DIEGO,

             No. 02-358, entitled: TRAFFIC RESOLUTION NO. 2803 RESOLUTION AMENDING
             TRAFFIC RESOLUTION NO. 304 RELATING TO THE ESTABLISHMENT OF STOP
             INTERSECTIONS IN THE COUNTY OF SAN DIEGO, and

             No. 02-359, entitled: TRAFFIC RESOLUTION NO. 2805 RESOLUTION AMENDING
             TRAFFIC RESOLUTION NO. 304 RELATING TO THE ESTABLISHMENT OF STOP
             INTERSECTIONS IN THE COUNTY OF SAN DIEGO.


             AYES: Cox, Jacob, Slater, Roberts, Horn

             ACTION:
      14.2   For Recommendations No. 5 and 7, ON MOTION of Supervisor Jacob, seconded by
             Supervisor Slater, the Board of Supervisors took action as recommended adopting
             Resolution No. 02-360, entitled: TRAFFIC RESOLUTION NO. 2806 RESOLUTION
             AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE
             ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF
             SAN DIEGO.

             AYES: Cox, Jacob, Slater, Roberts, Horn


15.          SUBJECT:         COOPERATIVE AGREEMENT WITH THE BARONA BAND
                              OF MISSION INDIANS FOR IMPROVEMENT TO WILDCAT
                              CANYON ROAD (DISTRICT: 2)

             OVERVIEW:
             On May 18, 1999 (28), the Board of Supervisors approved an agreement with the Bureau of
             Indians Affairs (Bureau) whereby the Bureau agreed to contribute $3 million toward
             improvement of a 1.5-mile segment of Wildcat Canyon Road between Muth Valley Road
             and Old Barona Road. In the same letter to the Board, staff reported that a separate
             agreement for with Barona Band of Mission Indians, whereby the Barona Band would
             contribute money toward this project, would be brought to the Board for consideration.
             During the past two years, Supervisor Jacob and County staff have worked with stakeholders

11/13/02                                                                                          24
           to gain input and, accordingly modify the project plan.

           This is a request to approve a Cooperative Agreement with the Barona Band of Mission
           Indians whereby the Barona Band will contribute $1.4 million toward the Wildcat Canyon
           Road improvement project. Of the total $5 million project cost, the County portion will be
           $650,000. Similar to the agreement with the Bureau of Indian Affairs, the County reserves
           the right to terminate the agreement with the Barona Band should the Board decide not to
           proceed with the construction of the project.

           FISCAL IMPACT:
           Funds for this request are not budgeted in the Department of Public Works FY 2002-03
           Detailed Work Program. If approved, appropriations and revenue in the amount of
           $1,400,000 will be included in the FY 2003-04 Detailed Work Program based on revenue
           from the Barona Band of Mission Indians. This request will result in no current year costs or
           revenue, no annual cost and will require no additional staff years. Total project cost is
           estimated to be $5 million.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Find that the proposed action is exempt from the California Environmental Quality Act
              (CEQA) as specified under Section 15061(b)(1) of the State CEQA Guidelines because
              it is not a project as defined by Section 15378(b)(4).

           2. Approve and Authorize the Clerk of the Board to execute, upon receipt, the Cooperative
              Agreement with the Barona Band of Mission Indians.

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

           AYES: Cox, Jacob, Slater, Roberts, Horn

16.        SUBJECT:          REQUEST FOR USE OF 3.36 ACRES OF THE COUNTY’S FIVE
                             PERCENT COASTAL SAGE SCRUB LOSS ALLOTMENT BY
                             THE CITY OF SAN MARCOS FOR THE LOMA ALTA
                             PROJECT (DISTRICT: ALL)

           OVERVIEW:
           Listing of the California gnatcatcher as threatened in 1993 required that a Federal
           Endangered Species Act Section 10(a) (16 U.S.C. §1539) or Section 7 Permit be acquired
           before any Coastal sage scrub can be cleared. Under the Natural Communities Conservation
           Planning program, in conjunction with the 4(d) rule of the Federal Endangered Species Act,
           a loss of up to five percent of Coastal sage scrub is allowed provided the jurisdiction in
           which the take is occurring is enrolled in or actively developing a Natural Communities
           Conservation Plan, such as the County’s Multiple Species Conservation Program. As
           conservation plans that provide for coverage of species subject to the Endangered Species
           Act are approved in each jurisdiction, the five percent limit no longer applies. The

11/13/02                                                                                           25
           jurisdictions within San Diego County agreed that each jurisdiction would maintain and
           account for its own five percent allowable loss.
           Several jurisdictions in the County have reached their five percent limit of allowable Coastal
           sage scrub loss or do not have enough to authorize the clearing of Coastal sage scrub by
           proposed development projects. Several of these jurisdictions have requested the use of the
           County of San Diego’s five percent Coastal sage scrub loss allotment, which requires Board
           approval pursuant to Board Policy I-122, Use of the County’s 5 Percent Allowable Loss of
           Coastal Sage Scrub by Other Jurisdictions or Property Owners.

           On October 13, 1998 (16), the Board adopted Board Policy I-122, Use of the County’s 5
           Percent Allowable Loss of Coastal Sage Scrub by Other Jurisdictions or Property Owners,
           which established procedures for such requests and conditions under which they can be
           granted to formalize the process, including compensation which must be either the transfer
           of land in fee title to the County of San Diego or the equivalent dollar amount. Under this
           policy, property owners and other jurisdictions have prior knowledge of the requirements of
           the County in advance of starting the approval process for the five percent allowance. Staff
           is currently reviewing with stakeholders a new method of compensation that would be based
           upon the appraised value of the impacted land.

           Prior to the adoption of Board Policy I-122, the Board approved four requests from other
           jurisdictions to use a portion of the County’s five percent allotment of Coastal sage scrub.
           Subsequent to the Board’s adoption of Board Policy I-122, there have been nine requests
           from other jurisdictions to use approximately 150 acres of the County’s five percent
           allotment of Coastal sage scrub in order to allow development projects within these
           jurisdictions to move forward. The Board has approved seven of these requests in the past
           and there are currently two requests pending, one of which meet the requirements for Board
           Policy I-122.

           This is a recommendation that the Board of Supervisors approve and authorize a request by
           the City of San Marcos for the Loma Alta project for use of 3.36 acres of the County’s five
           percent Coastal sage scrub loss allotment that meets the requirements of Board Policy I-122.
            Compensation will be in the form of monetary payment of $126,000 based on the value of
           the land that is being impacted.

           FISCAL IMPACT:
           If approved this recommendation would result in the appropriation of $126,000 in the
           Capital Outlay Fund for Capital Project KA9500 – MSCP Acquisitions based on the receipt
           of funds from the City of San Marcos for the future purchase of habitat land.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER:
           1. Find that in accordance with Sections 15307 of the California Environmental Quality
              Act Guidelines, that the requested action is exempt from the California Environmental
              Quality Act and will not result in a serious or major disturbance to an environmental
              resource as it assures the maintenance, restoration, or enhancement of a natural resource
              where the regulatory process involves procedures for protection of the environment and
              concurrently find the proposed action is categorically exempt from the California
              Environmental Quality Act under Section 15313 (Acquisition of Lands for Wildlife
11/13/02                                                                                           26
              Conservation Purposes.)

           2. Approve and authorize the use of 3.36 acres of the County’s five percent allowable loss
              of Coastal sage scrub by the City of San Marcos for the development on south of Borden
              Road known as Loma Alta. Concurrently approve and authorize the Director of the
              Department of Planning and Land Use to notify the City of San Marcos and the Wildlife
              Agencies (U.S. Fish and Wildlife Service and the California Department of Fish and
              Game) that 3.36 acres of Coastal sage scrub habitat will be deducted from the County’s
              five percent Coastal sage scrub habitat loss allowance when the following method of
              compensation occurs:

                         The applicant submits verification of the cost of the land that is being
                         impacted in the form of copies of the purchase agreement. The compensation
                         will be the per acre value ($37,500) of that cost multiplied by the 3.36 acres of
                         the 5% allocation that is requested for use from the County. The applicant
                         will pay the compensation amount ($126,000) to the County of San Diego.
                         The County will use said monies to acquire, manage, and monitor lands in the
                         approved Multiple Species Conservation Program (MSCP) Subarea Plan, the
                         North County MSCP Planning area or in other lands determined high priority
                         to the County of San Diego Department of Planning and Land Use and
                         Department of Parks and Recreation Open Space Program.

           3. Establish appropriations of $126,000 in the Contributions to Capital Outlay Fund based
              on receipt of funds from the City of San Marcos for the future purchase of habitat land.
              (4 VOTES)

           4. Establish appropriations of $126,000 (same amount) in the Capital Outlay Fund for
              Capital Project KA9500 - MSCP Acquisitions, based on an operating transfer from the
              General Fund. (4 VOTES)

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

           AYES: Cox, Jacob, Slater, Roberts, Horn


17.        SUBJECT:          APPROPRIATION OF U.S. DEPARTMENT OF
                             AGRICULTURE FUNDING AND AUTHORIZATION FOR
                             CONSTRUCTION OF JULIAN WASTEWATER TREATMENT
                             PLANT IMPROVEMENTS (DISTRICT: 2)

           OVERVIEW:
           On July 17, 2002 (5), your Board authorized the advertisement and subsequent award for
           construction of improvements to the Julian Wastewater Treatment Plant. This project
           consists of replacing the existing septic tank, which is seismically inadequate and in need of
           replacement. The project also involves replacement of a return activated sludge pump and
           addition of a second aerobic digester to assure reliable operation of the treatment facility.

11/13/02                                                                                             27
           Bids were opened on September 12, 2002. The bid submitted by the lowest responsible and
           responsive bidder was $398,220, which exceeds the $322,000 authorized by your Board for
           construction. Analysis of the bid indicates that the costs to supply and construct the concrete
           septic tank and aerobic digester were higher than expected.

           The County has been awarded $247,000 from United States Department of Agriculture
           (USDA) grant and loan for this project. The FY 02-03 Julian Sanitation District budget
           showed project funding as offset by fund balance. Actions in this Board Letter correct the
           budget to reflect the USDA funding and increasing overall budget for construction by
           $100,000 due to increased bid costs.

           FISCAL IMPACT:
           Construction funding for the Julian Wastewater Treatment Plant was budgeted in the
           Julian Sanitation District in an amount of $322,000, using District fund balance.
           Recommendations in this Board Letter correct the funding to reflect receipt of a $247,000
           grant and loan from United States Department of Agriculture and increase overall
           construction funding by $100,000. Funding sources for construction are a grant and loan
           from the U.S. Department of Agriculture ($247,000), along with Sanitation District Fund
           Balance ($175,000). If approved, this request will result in $422,000 total current year
           cost, no annual cost and will require no additional staff years.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Establish appropriations of $100,000 in the Julian Sanitation District based on
              unanticipated revenue from a U.S. Department of Agriculture loan and substitute
              $147,000 unanticipated revenue from a U.S. Department of Agriculture grant for fund
              balance which was appropriated for the Julian Wastewater Treatment Plant
              Improvements. (4 VOTES)

           2. Approve construction authorization amount, including contingency, for Julian
              Wastewater Treatment Plant Improvement project in the amount of $422,000 (4
              VOTES).

           Relates to Sanitation Districts Agenda Item No. 1

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

           AYES: Cox, Jacob, Slater, Roberts, Horn




11/13/02                                                                                             28
18.        SUBJECT:           AGREEMENT WITH NORTH COUNTY TRANSIT DISTRICT
                              AND CITIES OF OCEANSIDE, VISTA, SAN MARCOS, AND
                              ESCONDIDO FOR COMPLETION OF OCEANSIDE-
                              ESCONDIDO RAILROAD CROSSINGS STUDY (DISTRICT: 5)

           OVERVIEW:
           North County Transit District plans to begin operating the Oceanside-Escondido Rail
           Service in 2004. Efficient rail operations require modifications to existing railroad crossings
           in the unincorporated county and cities of Oceanside, Vista, San Marcos and Escondido.
           Because the crossings are part of a complete system, and to provide economy of scale, these
           jurisdictions plan to jointly complete a study to identify appropriate railroad crossing
           modifications.

           This is a request to approve an agreement with the above jurisdictions to complete a rail
           crossings study.

           FISCAL IMPACT:
           This project is budgeted in the FY 2002-03 Detailed Work Program. Funding source is
           TransNet. If approved, this request will result in current year cost of $12,496, no annual cost,
           and will require no additional staff years.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Find pursuant to Section 15262 – Feasibility and Planning Studies of California
              Environmental Quality Act (CEQA) Guidelines requested actions are not subject to the
              environmental review process because it is the preparation of a Railroad Crossing Study
              for possible future actions that have not yet been approved.

           2. Authorize Clerk of the Board to execute, upon receipt, Agreement specifying one-year
              duration from time of execution unless changed by mutual agreement with North County
              Transit District and Cities of Oceanside, Vista, San Marcos, and Escondido for
              Completion of Oceanside-Escondido Railroad Crossings Study.

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

           AYES: Cox, Jacob, Slater, Roberts, Horn


19.        SUBJECT:           GILLESPIE FIELD – AVIATION LEASE WITH RPG
                              INVESTMENTS, INC. (DISTRICT: 2)

           OVERVIEW:
           The County of San Diego operates Gillespie Field, a general aviation airport in El Cajon.
           Gillespie Field provides facilities for 774 general aviation and corporate aircraft, aviation
           businesses and the Sheriff’s ASTREA facility.

11/13/02                                                                                              29
           RPG Investments, Inc. manages Aircraft Storage Spaces on a 10.07-acre parcel at Gillespie
           Field. The business provides facilities for several commercial aviation activities along with
           general aviation aircraft storage. The Board approved the existing lease on May 3, 2000 (7).

           This is a request to enter into a new lease with RPG Investments, Inc. replacing the existing
           lease. The proposed leasehold remains at 10.07 acres commencing on January 1, 2003, and
           terminating December 31, 2032. This is an extension of 13 years and 6 months from the
           current termination date of June 30, 2019. In order to qualify for a new 30-year lease the
           lessee is building a 10-unit hangar building and aircraft washing facility, providing needed
           additional aircraft storage and assisting the County to comply with stormwater requirements.

           FISCAL IMPACT:
           Funding source for this request is the Airport Enterprise Fund. If approved, this request will
           result in total lease revenue of $81,157.92 in current year, representing six months at the old
           combined monthly rate of $7,044.75 ($4,294.25 rent and $2,750.50 equity) and six months at
           the new combined monthly rate of $6,481.57 ($4,656.77 rent and $1,824.80 equity). It will
           result in approximately $77,778.84 in future annual revenue, and will require no additional
           staff years.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Find that the Final Environmental Impact Report/Environmental Assessment (EIR/EA)
              completed as part of the Gillespie Field Master Plan, dated June 1987, on file in the
              Department of Public Works as State Clearinghouse Number 2000051077 has been
              completed in compliance with the California Environmental Quality Act (CEQA), State
              and County CEQA Guidelines and the National Environmental Policy Act (NEPA); that
              the Board has reviewed and considered the information contained therein prior to
              approving the project; and that the EIR/EA reflects the independent judgment of the
              Board of Supervisors. Find that changes in the project description include no new
              significant environmental impacts which were not considered in the previously certified
              EIR/EA and that all changes in the environmental description were recorded in the
              Addendum prepared pursuant to CEQA Guidelines Section 15164; and find that no new
              information of substantial importance has become available since the said EIR/EA was
              prepared.

           2. Approve and authorize the Clerk of the Board to execute, upon receipt, three copies of an
              Aviation Lease with RPG Investments, Inc. for a term of 30 years commencing January
              1, 2003, at a rent of $4,656.77 per month, equity payment in the amount of $1,824.80
              per month for the first 15 years, and provisions for lessee-provided capital improvements
              in the amount of $679,725. (4 VOTES)

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

           AYES: Cox, Jacob, Slater, Roberts, Horn


11/13/02                                                                                             30
20.        SUBJECT:          AUTHORIZE THE ACQUISITION OF 83 ACRES KNOWN AS
                             THE FURBY NORTH PROPERTY, OTAY MESA
                             (DISTRICT: 1)

           OVERVIEW:
           The Furby North property is located in the Otay Mesa area within the City of San Diego, just
           east and south of the Interstate 805 and State Highway 905 interchange, and directly fronts
           on Otay Mesa Road. Portions of the property contain very high valued habitat identified in
           the City of San Diego’s Multiple Species Conservation Program Subarea Plan, Multi-Habitat
           Planning Area. Acquisition of the Furby North property is a key element in achieving the
           long-range goal of build-out of the Multiple Species Conservation Program preserve system
           and will assist in consistent management with other Multiple Species Conservation Program
           preserve lands currently managed by the County and its partners. The current owner is a
           willing seller.

           The recommended action will authorize the Chief Administrative Officer to take necessary
           steps to initiate acquisition of the 83-acre Furby North property (APN 638-070-74-00) and
           take steps to identify funding for the purchase. If a fair and reasonable price can be
           negotiated and funding sources identified, the actual acquisition will be brought before the
           Board in a subsequent Board letter.

           FISCAL IMPACT:
           The cost associated with the purchase of the Furby North property are unknown at this time.
           The recommended action is to seek and identify potential sources of funding for the future
           acquisition. Fiscal impact associated with the actual acquisition of this property will be
           reported in a subsequent Board letter. Any staff costs related to this action are budgeted in
           the approved Department of Parks and Recreation annual budget.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           Authorize the Chief Administrative Officer to initiate the negotiation process with the
           property owner and to identify potential sources of funding for the acquisition of the 83-acre
           Furby North property.

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

           AYES: Cox, Jacob, Slater, Roberts, Horn


21.        SUBJECT:          ADVERTISEMENT FOR BID AND AWARD OF A
                             CONSTRUCTION CONTRACT – PINE VALLEY PARK
                             IMPROVEMENTS (DISTRICT: 2)

           OVERVIEW:
           Pine Valley Park is a 17-acre park site located in the community of Pine Valley. Existing
           improvements include a tennis court, restroom buildings, softball fields, horseshoe pits,
11/13/02                                                                                            31
           shuffleboard courts, a playground and group picnic areas. The proposed project consists
           of construction of a new basketball court, replacement of playground equipment and
           replacement of a deteriorating group picnic shade shelter, including installation of
           concrete walkways and accessible surfacing. All improvements will be constructed in
           compliance with National Playground Safety Institute standards and the Americans with
           Disabilities Act.

           The recommended action will approve contract documents and authorize advertisement
           for public bidding and award of a construction contract estimated at $400,000, including
           10% contingency, for construction of the Pine Valley Park Improvements project.
           Remaining project funds are being used for related project costs including design,
           resident engineering and inspection, project administration, materials testing and bid
           process.

           FISCAL IMPACT:
           Funds for this request are budgeted in the Capital Outlay Fund. The funding sources are
           County General Funds, Park Land Dedication Ordinance (PLDO) funds, and Proposition
           12 Per Capita grant funds totaling $500,063. Of the total, approximately $14,000 has
           been previously expended on preliminary project costs, including materials testing and
           project design, leaving a current year balance of approximately $486,000 to complete the
           project. If approved, this request will result in the award of a construction contract at an
           estimated current year cost of $400,000, including 10% contingency, $0 annual cost, and
           the addition of no staff years. Remaining project funds of approximately $86,000 will be
           used for related project costs including design, resident engineering and inspection,
           project administration, materials testing and bid process. There will be no additional cost
           to the General Fund resulting from this action.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Find in accordance with Section 15301 of the California Environmental Quality Act
              (CEQA) Guidelines that the Pine Valley Park Improvements project is categorically
              exempt from CEQA, as minor alterations to existing public facilities.

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

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

           AYES: Cox, Jacob, Slater, Roberts, Horn




11/13/02                                                                                          32
22.        SUBJECT:          SECTION 8 HOMEOWNERSHIP PROGRAM PLAN AND
                             HOMEBUYER EDUCATION AND COUNSELING SERVICES
                             (DISTRICT: ALL)

           OVERVIEW:
           These actions request Board of Commissioners approval of the Section 8 Homeownership
           Program Plan and Board of Supervisors approval for the use of up to $400,000 in funding
           from the HOME Investment Partnerships (HOME) Program and the Community
           Development Block Grant (CDBG) Program to operate a Section 8 Homeownership
           Program. The Section 8 Homeownership Program will enable specifically selected families
           to use their monthly Section 8 housing assistance payments for the purchase of a home.
           Approval of the Plan and associated funding will enable the County to initiate the
           Homeownership Option of the Section 8 Housing Choice Voucher Program and provide
           individual homebuyer assistance loans and homebuyer counseling for up to ten families
           selected to participate in this pilot program.

           It is anticipated that program participants will need low-interest rate deferred payment loans
           and grants of up to $70,000 from the County and other government and nonprofit funding
           sources. This secondary financing will be needed to pay for the downpayment and closing
           costs, and to fill the gap between the housing assistance payment and the mortgage loan
           payment. It is expected that the County portion of the assistance would range from $40,000
           to $50,000 in HOME or CDBG Program loan funding for each participant. If these actions
           are approved, HOME and CDBG Program funding of up to $400,000 will be used by the
           County for low-interest rate deferred payment loans for Section 8 Homeownership Program
           participants.

           Board of Supervisors approval is also requested for the reallocation of $40,000 in CDBG
           Housing Development funds to continue providing homebuyer education courses and
           counseling sessions in Urban County locations in the 2003 and 2004 calendar years. If
           approved, this action will provide the funding for two more years of an existing contract with
           Consumer Credit Counseling Service of San Diego and Imperial Counties to annually
           provide 24 homebuyer education courses and individual counseling sessions. Since 1998,
           the program has enabled over 1,200 first-time homebuyers to attend courses and counseling
           sessions.

           FISCAL IMPACT:
           Funding for these request are budgeted. The funding sources for the Section 8
           Homeownership Program are the HOME Program and CDBG Program. If approved, this
           request will result in up to $211,000 in current year costs for homebuyer purchase assistance
           loans and homebuyer pre-purchase counseling, and annual costs of up to $189,000 in FY
           2003-2004. No additional staff years or additional cost to the General Fund will result from
           this action.

           The funding source for Homebuyer Education and Counseling is the CDBG Program. If
           approved, this action will result in the use of $40,000 for services to provide homebuyer
           education courses and counseling sessions in the Urban County in FY 02/03, 03/04 and
           04/05. No additional staff years or additional costs to the General Fund will result from this
           action.
11/13/02                                                                                            33
           BUSINESS IMPACT STATEMENT:
           The Section 8 Homeownership Program will assist homebuyers in the purchase of their
           first home. These home sales transactions will provide a positive impact to those in the
           business community involved in real estate activities, including real estate sales,
           mortgage lending, title insurance policies and operating escrows.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER/EXECUTIVE DIRECTOR
           Acting as the Board of Supervisors:
           1. Authorize the reallocation of up to $400,000 in HOME Program and CDBG Program
              Housing Development funds for homebuyer counseling and low interest rate deferred
              payment loans of up to $70,000 provided to participants in the Section 8
              Homeownership Program.
           2. Authorize the Director of Housing and Community Development to amend the existing
              contract for homebuyer education and counseling services with Consumer Credit
              Counseling Service of San Diego and Imperial Counties, with County Counsel
              concurrence, to provide individual pre- and post-purchase counseling sessions for
              participants in the Section 8 Homeownership Program.
           3. Approve the reallocation of $40,000 in CDBG Program Housing Development funds to
              continue providing homebuyer education courses and counseling sessions in the Urban
              County for the 2003 and 2004 calendar years.
           4. Authorize the publication of any required “Notices to the Public of Request for the
              Release of Funds” for recommended projects; authorize the Director of Housing and
              Community Development to execute any Request for Release of Funds and Certification;
              direct staff to transmit these requests to HUD upon completion of any mandatory waiting
              period, in compliance with the National Environmental Policy Act.
           Relates to Housing Authority Agenda Item No. 1.

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

           AYES: Cox, Jacob, Slater, Roberts, Horn


23.        SUBJECT:         APPLICATION FOR AND ACCEPTANCE OF STATE USED
                            OIL RECYCLING BLOCK GRANTS: FY 2002-03 THROUGH
                            FY 2003-04 (DISTRICT: ALL)

           OVERVIEW:
           The California Integrated Waste Management Board administers a program to provide
           opportunities for the recycling of used oil. As part of this program, the Board issues
           block grants to help local governments establish or enhance permanent, sustainable used
           oil recycling programs. Since 1993, the County of San Diego has received ten used oil
           recycling grants totaling approximately $2,473,000 from the California Integrated Waste

11/13/02                                                                                        34
           Management Board. Currently, the County is eligible for an “Eighth Cycle” annual grant
           worth $203,687, which can be used to establish and expand used oil recycling programs
           from now through 2005. County participation in used oil recycling is important to the
           County’s efforts to keep its waters safe and clean. The facts are:
                 Used motor oil can contain toxic substances such as benzene, lead, zinc, and
                  cadmium.

                 One pint of oil can produce a slick of approximately one acre on the surface of
                  water.

                 Films of oil on the surface of water prevent the replenishment of dissolved
                  oxygen, impair photosynthetic processes, and block sunlight.

                 Crankcase oil accounts for more than 40 percent of total oil pollution of the
                  nation's harbors and waterways.

                 Of the over 1.3 billion gallons of used oils (industrial and lubricating) generated
                  each year in the U.S., less than 60 percent is recycled.
           The County’s used oil recycling program helps people recycle oil by funding used oil and
           filter collection, public education on oil and filter recycling, and oil-related stormwater
           pollution prevention.

           This is a request for Board authorization to apply to the California Integrated Waste
           Management Board for State Used Oil Recycling Block Grants on an annual basis for the
           next five years. This is also a request to establish appropriations based on the grant
           revenue, and to authorize issuance of a request for proposals and subsequent award of
           contracts for used oil and filter collection, public education and stormwater filter
           equipment and operations.

           FISCAL IMPACT:
           Funds for this proposal are not currently budgeted. If approved this item will result in
           $100,000 increased cost and revenue. The balance of Cycle Eight funding and subsequent
           allocations will be included in subsequent year budgets at approximately $200,000 per year.
           Grant funds not expended in one fiscal year may be carried over to later years in the grant
           period. No matching funds are required.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. In accordance with section 15061(b)(3) of the 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 not
              subject to CEQA.

           2. Adopt the Resolution entitled Resolution Authorizing Applications for State of
              California Used Oil Recycling Block Grants, which authorizes the Director, Department
              of Public Works, or designee, as County Officer to conduct all negotiations and submit
              all documents including, but not limited to, applications, contracts, payment requests,
              agreements and amendments, which may be necessary to secure grant funds; and to
11/13/02                                                                                             35
              execute a grant agreement upon award of grant funds, including any extensions or
              amendments thereof, that do not materially impact or alter either the grant program or
              funding level.

           3. Establish appropriations in the amount of $100,000 in Department of Public Works,
              Solid Waste Recycling contract services based on FY 2002-03 Used Oil Recycling Grant
              revenue.

           4. Authorize the Director, Department of Purchasing and Contracting, in accordance with
              Section 401 (a) of the County Administrative Code, to issue a Request for Proposal
              (RFP), negotiate and award contracts for used oil and filter collection centers, curbside
              used oil and filter collection, public education for used oil and filter recycling, and
              stormwater filter equipment/operations for the Department of Public Works, subject to
              the approval of the Director, Department of Public Works.

           5. Authorize the Director, Department of Public Works, to administer these contracts.

           ACTION:
           ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors
           took action as recommended, on Consent, adopting Resolution No. 02-361, entitled:
           RESOLUTION AUTHORIZING APPLICATIONS FOR STATE OF CALIFORNIA USED
           OIL RECYCLING BLOCK GRANTS.

           AYES: Cox, Jacob, Slater, Roberts, Horn


24.        SUBJECT:          AGREEMENT WITH BERRYMAN & HENIGAR TO PROVIDE
                             DESIGN ENGINEERING SERVICES ON AN AS-NEEDED
                             BASIS (DISTRICT: ALL)

           OVERVIEW:
           The Department of Public Works has necessity for consultant services on an as-needed basis
           to provide design engineering for various projects. Use of consultants will enhance the
           department’s ability to complete project designs 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 provisions of the policy, ten consultant firms from the joint County/City of
           San Diego list for Civil Engineering were interviewed. On June 12, 2002 (16), you approved
           the selection of five consultants for as-needed engineering design services based on these
           interviews.

           Funds in these five contracts have been allocated to various projects. As a result, it is
           necessary to add another as-needed contract to meet additional flood control engineering
           design needs. This is a request to approve an agreement with the sixth ranked firm,
11/13/02                                                                                          36
           Berryman & Henigar, Inc., of San Diego, to provide as-needed engineering design services
           for a fee not to exceed $250,000, with a term ending December 31, 2005. The agreement
           authorizes the Director, Department of Public Works, to extend the termination date until
           funds are exhausted and to adjust allowable billing rates on an annual basis to mutually
           agreed upon fair and reasonable rates.

           FISCAL IMPACT:
           Funding for this request is budgeted in Department of Public Works FY 2002-03 Flood
           Control District Operational Plan. Funding source is Flood Control District fund balance. If
           approved, this request will result in $250,000 current year cost, no annual cost, and will
           require no additional staff years.

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

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

           3. Approve and authorize the Clerk of the Board to execute, upon receipt, three originals
              for the Agreement with Berryman & Henigar to provide engineering design services on
              an as-needed basis for compensation not to exceed $250,000. Agreement will terminate
              December 31, 2005 or when funds are exhausted or services are no longer required,
              whichever shall occur first, 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 agreements.

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

           AYES: Cox, Jacob, Slater, Roberts, Horn

25.        SUBJECT:          AN ORDINANCE ESTABLISHING COLLECTION OF FEES
                             RELATING TO A REIMBURSEMENT AGREEMENT
                             BETWEEN THE LAKESIDE SANITATION DISTRICT AND
                             JOHN M. AND DENISE M. LANE (DISTRICT: 2)

           OVERVIEW:
           John and Denise Lane are requesting approval of a Reimbursement Agreement to recover a
           portion of their costs to extend a public sewer main to their property so they may construct a
           single-family home. The property is located within the Sanitation District. Lakeside
           Sanitation District and the Lanes agree to establish collection of fees (by Ordinance) relating
           to reimbursement of a portion of the Lanes cost of the public sewer main.
11/13/02                                                                                             37
           FISCAL IMPACT:
           Funds for this proposal are reimbursement fees. If approved, this request will result in no
           current year cost, no annual cost, and will require the addition of no staff years. There will
           be no fiscal impact to the County General Fund as a result of this action.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Find, in accordance with Section 15060(c)(3) of the California Environmental Quality
              Act Guidelines, that this Agreement and Ordinance is categorically exempt from
              environmental evaluation as this activity is not a project as defined by Section 15378.

           2. Approve and authorize the Clerk of the Board to execute two copies of an Agreement
              titled Agreement For Reimbursement Of Portion Of Cost Of Construction Of A Sewer
              Main-Lakeside Sanitation District: Construction By John M. And Denise M. Lane
              (2002-07). This agreement is to terminate December 11, 2017.

           3. Approve introduction of the Ordinance (first reading), read title and waive further
              reading of the Ordinance.

               AN ORDINANCE ESTABLISHING COLLECTION OF FEES RELATING TO A
               REIMBURSEMENT AGREEMENT BETWEEN THE LAKESIDE SANITATION
               DISTRICT AND JOHN M. AND DENISE M. LANE

           4. Submit the Ordinance for further Board consideration and adoption (second reading) on
              December 11, 2002.

           Relates to Sanitation Districts Agenda Item No. 2

           ACTION:
           ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors
           took action as recommended, on Consent, introducing Ordinance for further consideration on
           December 11, 2002.

           AYES: Cox, Jacob, Slater, Roberts, Horn

26.        SUBJECT:          AGREEMENT WITH TWO CONSULTANT FIRMS TO
                             PROVIDE SUBSURFACE UTILITY ENGINEERING SERVICES
                             ON AN AS-NEEDED BASIS (DISTRICT: ALL)

           OVERVIEW:
           Department of Public Works has an immediate, temporary need to obtain consultant
           services for Subsurface Utility Engineering. Services could include utility design,
           surveying, and possibly construction support as authorized by task orders on various
           public works projects. Use of consultants will enhance the Department’s ability to
           complete projects in a timely and less costly manner through identification and location
           of underground utilities during the design phase.

11/13/02                                                                                            38
           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 a Qualifications Based Selection.
           In accordance with provisions of the policy, six consultant firms from the joint County/City
           of San Diego list for Subsurface Utility Engineering were interviewed. Advanced
           Infrastructure Systems and San Dieguito Engineering, Inc. (dba: AirX Utility Surveyors)
           were selected as the most qualified firms to perform required services. Both firms maintain
           offices within the County.

           This is a request to approve agreements with these firms to provide as-needed engineering
           services for fees not to exceed $250,000 each, with a term ending June 30, 2004. The
           agreements authorize the Director, Department of Public Works, to extend the termination
           date until funds are exhausted and to adjust allowable billing rates on an annual basis to
           mutually agreed upon fair and reasonable rates.

           FISCAL IMPACT:
           Funding for the request is included in the Department of Public Works Detailed Work
           Program. Funding source is identified as TransNet; all non-TransNet projects undertaken
           under this agreement will be reimbursed from the appropriate funding source. If approved,
           this request will result in FY 2002-03 cost of up to $250,000, FY 2003-04 cost of up to
           $250,000 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 15061(b)(1) 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
              for each of the following agreements to provide Subsurface Utility Engineering on an as-
              needed basis for compensation not to exceed $250,000. Agreements will terminate June
              30, 2004 or when funds are exhausted or services are no longer required, whichever shall
              occur first, with option to extend termination date by written mutual agreement if
              original funding remains available:

              a) Agreement with Advanced Infrastructure Systems.

              b) Agreement with San Dieguito Engineering, Inc. (dba: AirX Utility Surveyors).

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

11/13/02                                                                                          39
           ACTION:
           ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors
           took action as recommended, on Consent.

           AYES: Cox, Jacob, Slater, Roberts, Horn


27.        SUBJECT:          SOLE SOURCE PROCUREMENT OF ROAD RATER
                             EQUIPMENT UPGRADE FROM FOUNDATION MECHANICS,
                             INC. (DISTRICT: ALL)

           OVERVIEW:
           A vital function of the Construction Materials Laboratory at the Department of Public
           Works is continued monitoring and testing of the County’s maintained road system to
           determine road condition and safety. Test data is entered into a pavement management
           system, which helps staff plan needed road surface treatments to keep County roads in
           best possible condition.

           Since 1992, the County of San Diego has utilized a trailer-mounted Road Rater Non-
           Destructive Pavement Test System manufactured by Foundation Mechanics Incorporated.
           Since then, technical improvements have been made that can provide more accuracy in
           determining appropriate surface treatments. Staff has determined a road rater equipment
           upgrade is necessary to continue providing best maintenance practices and meet road
           standard guidelines. Upgrading the road rater would be less expensive than replacement.
           As the original manufacturer, Foundation Mechanics Inc. is uniquely qualified to provide
           the services necessary to upgrade the County of San Diego’s trailer-mounted Road Rater
           Non-Destructive Pavement Test System.

           This is a request to approve a sole source agreement with Foundation Mechanics Inc. to
           upgrade the Road Rater Non-Destructive Pavement Test System.

           FISCAL IMPACT:
           Funds for this request are budgeted in the Department of Public Works current year
           Operational Plan. If approved, this request will result in current year cost of $66,200, no
           subsequent year cost and will require no additional staff years.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Find that pursuant to Section 15061(b)(3) of the California Environmental Quality Act
              (CEQA) Guidelines that the requested action is not subject to the environmental review
              process, because it can be seen with certainty that there is no possibility it may have a
              significant effect on the environment.
           2. In accordance with Board Policy A-87, Competitive Procurement, approve and authorize
              the Director, Department of Purchasing & Contracting, to enter into negotiations with
              Foundation Mechanics Inc. and subject to successful negotiations and determination of a
              fair and reasonable price, award a contract to provide services for upgrading existing
              County equipment to enable testing utilizing the Falling Weight Deflector Method,
11/13/02                                                                                        40
              subject to the availability of funds, and to amend the contract as required to reflect
              changes to services and funding allocations, subject to the approval of the Director,
              Department of Public Works. Waive the advertising requirement of Board Policy A-87.

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

           AYES: Cox, Jacob, Slater, Roberts, Horn


28.        SUBJECT:          APPROVAL OF AN ORDINANCE AMENDING THE COUNTY
                             CODE RELATING TO THE SOUTH CITRUS AVENUE SEWER
                             MORATORIUM (DISTRICT: 3)

           OVERVIEW:
           On July 29, 1982 (149), the Board of Supervisors established in the County Code of
           Regulatory Ordinances (Title 8, Division 1, Section 81.108.12) a sewer moratorium in
           the vicinity of South Citrus Avenue in Escondido, commonly referred to as the South
           Citrus Avenue Sewer Moratorium. This moratorium prohibits installation of septic
           tanks, seepage pits, cesspools or other subsurface sewage disposal systems in the
           specified area. The moratorium was established to protect the public from health hazards
           posed by the threatened failure of subsurface sewage disposal systems due to the high
           water table in this area. Health hazards can include contamination of groundwater and/or
           sewer contamination of the surface soil.

           This is a request for the Board to adopt an Ordinance amending this code to exclude
           Assessor’s Parcel Numbers 234-411-24, located at 1941 Summit Drive in Escondido, and
           234-411-25, located at 1336 Lemon Place in Escondido, from the existing South Citrus
           Avenue moratorium area. The owner has submitted engineering documentation and a
           hydrological evaluation to the Department of Environmental Health that demonstrates the
           parcels do not drain into or adversely affect the South Citrus Avenue basin.

           FISCAL IMPACT:
           The recommended action has no fiscal impact.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. In accordance Section 15061(b)(3) of the California Environmental Quality Act (CEQA)
              Guidelines, find that it can be seen with certainty that there is no possibility that this
              action will have any significant effect on the environment and that it is therefore not
              subject to CEQA.

           2. Approve the introduction of the Ordinance (first reading), read title and waive further
              reading of the Ordinance.




11/13/02                                                                                           41
                  AN ORDINANCE AMENDING TITLE 8, DIVISION 1, OF THE COUNTY CODE
                  OF REGULATORY ORDINANCES RELATING TO THE SOUTH CITRUS
                  AVENUE SEWER MORATORIUM

              Submit the Ordinance for further Board consideration and adoption (second reading) on
              December 4, 2002.

           ACTION:
           ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors
           took action as recommended, on Consent, introducing Ordinance for further consideration on
           December 4, 2002.

           AYES: Cox, Jacob, Slater, Roberts, Horn


29.        SUBJECT:          SET HEARING FOR 12/11/02
                             OTAY VALLEY REGIONAL PARK – ACQUISITION OF
                             ASSESSOR’S PARCEL NO. 644-050-09 (TAKASHIMA)
                             (DISTRICT: 1)

           OVERVIEW:
           The Cities of Chula Vista and San Diego, and the County of San Diego formed a Joint
           Exercise of Powers Agreement (JEPA) to coordinate the acquisition, planning and design
           of the Otay Valley Regional Park. The JEPA envisions the eventual inclusion of 3,000
           acres of land in the park spanning 13 miles from southern San Diego Bay to Otay Lakes.

           The County has identified a 12.88-acre parcel for acquisition and inclusion in the park.
           The Board is requested to set a hearing date for December 11, 2002 to consider the
           purchase of Assessor’s Parcel No. 644-050-09 from Katsumi Takashima for the
           appraised value of $322,000.

           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 approval of the purchase. Should the Board approve
           the purchase on December 11, 2002, funds for the proposal are budgeted in Capital Project
           KA0550 – Otay Valley Regional Park Acquisition. This purchase would result in a cost of
           $322,000 in fiscal year 2002/2003, no additional costs in subsequent years and the addition
           of no staff years.

           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 December 11, 2002, at which time the Board of Supervisors may
              approve the real property contract for the purchase of Assessor’s Parcel No. 644-050-09
              for $322,000.

11/13/02                                                                                          42
           ACTION:
           ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of
           Supervisors took action as recommended, on Consent, setting Hearing for December 11,
           2002, 9:00 a.m.

           AYES: Cox, Jacob, Slater, Roberts, Horn


30.        SUBJECT:          ADMINISTRATIVE ITEM:
                             COUNTY OF SAN DIEGO TRACT NO. 5136-1, APPROVAL OF
                             FINAL MAP AND SECURED AGREEMENT FOR PUBLIC AND
                             PRIVATE IMPROVEMENTS LOCATED IN RAMONA
                             PLANNING AREA (DISTRICT: 2)

           OVERVIEW:
           This project is a subdivision consisting of 12 single-family residential lots, and a total of
           14.40 acres. It is located in the Ramona area, off of Keyser Road, and south of Hansen Lane.
            (Thomas Guide, Page 1172, G1, 2002 Edition)

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

           FISCAL IMPACT:
           N/A

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Approve this map and accept on behalf of the public, subject to improvements, a portion of
              San Vicente Road (SA 310) for use as a street as dedicated on said map.

           2. Accept the noise protection easements as granted on said map.

           3. Accept the drainage easements as dedicated on said map.

           4. Accept the access rights from Lots 5 and 6 in and to San Vicente Road (SA 310).

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

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

           AYES: Cox, Jacob, Slater, Roberts, Horn



11/13/02                                                                                           43
31.        SUBJECT:           ADMINISTRATIVE ITEM:
                              COUNTY OF SAN DIEGO TRACT NO. 5028-1: APPROVAL OF
                              FINAL MAP AND SECURED AGREEMENT FOR PUBLIC AND
                              PRIVATE IMPROVEMENTS LOCATED IN VALLEY CENTER
                              COMMUNITY PLANNING GROUP AREA (DISTRICT: 5)

           OVERVIEW:
           This project is a subdivision consisting of 12 single-family residential lots and a total acreage
           of 29.06 acres. It is located in the Valley Center area on Pauma Heights Road between Rim
           of the Valley and Tracy Lyn Drive. (Thomas Guide, Page 1070, J-1, 2002 Edition)

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

           FISCAL IMPACT:
           N/A

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

           2. Accept access rights from Lots 1, 2, 3, 5, 7, 8, 9, 10, 11 and 12 in and to Pauma Heights
              Road as relinquished and waived on said map.

           3. Accept the Access Restriction Easement as granted on said map.

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

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

           AYES: Cox, Jacob, Slater, Roberts, Horn


32.        SUBJECT:        ADMINISTRATIVE ITEM:
                           COUNTY OF SAN DIEGO TRACT NO. 5114-1: APPROVAL OF
                           FINAL MAP AND SECURED AGREEMENT FOR PUBLIC AND
                           PRIVATE IMPROVEMENTS LOCATED IN HIDDEN MEADOWS
                           SPONSOR GROUP PLANNING AREA (DISTRICT: 5)

           OVERVIEW:
           This project is a subdivision consisting of 21 single-family residential lots, and a total of
           36.79 acres. It is located in the Jesmond Dene area of Escondido, on both sides of Rue

11/13/02                                                                                               44
           Nicole, approximately 1,200 feet northerly of Jesmond Dene Road. (Thomas Guide, Page
           1109, F-3, 2002 Edition)

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

           FISCAL IMPACT:
           N/A

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Approve this map and accept on behalf of the County the noise protection easement as
              granted on said map.

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

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

           AYES: Cox, Jacob, Slater, Roberts, Horn

33.        SUBJECT:           ADMINISTRATIVE ITEM:
                              COUNTY OF SAN DIEGO TRACT NOS. 5013-1 AND 5013-2
                              APPROVAL OF FINAL MAPS AND SECURED AGREEMENTS
                              FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN
                              SAN DIEGUITO PLANNING AREA (DISTRICT: 5)

           OVERVIEW:
           Tract 5013-1 is a subdivision consisting of 32 single-family residential lots, 1 non-residential
           lot, 7 private street lots, offsite road improvements and a total of 41.66 acres. Tract 5013-2
           is a subdivision consisting of 8 single-family residential lots, 1 open space lot, 2 non-
           residential lots, 1 private street lot, and a total of 112.98 acres. They are both located in the
           San Dieguito area, on the north end of Via de Las Flores. (Thomas Guide, Page 1148, G-5,
           2002 Edition)

           These projects are being brought before the Board for approval of final maps and secured
           agreements for public and private improvements.

           FISCAL IMPACT:
           N/A

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Approve final maps for Tract 5013-1 and Tract 5013-2.


11/13/02                                                                                               45
           2. Reject on behalf of the County easements for pedestrian and equestrian trail purposes as
              granted on both maps.

           3. Approve and authorize the Clerk of the Board of Supervisors to execute the Joint
              Agreements to Improve Major Subdivision for Tract 5013-1 and Tract 5013-2, which
              includes street improvements and drainage facilities, water facilities, and setting of final
              monuments. (Attachments A and G)

           4. Approve and authorize the Clerk of the Board of Supervisors to execute the
              Agreement to Improve Major Subdivision TM 5013-1 Offsite. (Attachment D)

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

           AYES: Cox, Jacob, Slater, Roberts, Horn

34.        SUBJECT:          ADMINISTRATIVE ITEM:
                             COUNTY OF SAN DIEGO TRACT NO. 5013-3: APPROVAL OF
                             FINAL MAP AND SECURED AGREEMENT FOR PUBLIC AND
                             PRIVATE IMPROVEMENTS LOCATED IN SAN DIEGUITO
                             PLANNING AREA (DISTRICT: 5)

           OVERVIEW:
           This project is a subdivision consisting of 5 single-family residential lots, 1 open space lot,
           and a total of 39.54 acres. It is located in the San Dieguito area, on both sides of Camino de
           Arriba, approximately 0.75 mile southwest of Camino Sin Puente, which is northwest of Via
           Ambiente . (Thomas Guide, Page 1148, J-5, 2002 Edition)

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

           FISCAL IMPACT:
           N/A

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Approve this map and accept on behalf of the County the fire clearing easements as granted
              on said map.

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




11/13/02                                                                                             46
           ACTION:
           ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors
           took action as recommended, on Consent.

           AYES: Cox, Jacob, Slater, Roberts, Horn


35.        SUBJECT       ADMINISTRATIVE ITEM:
                       : SECOND CONSIDERATION AND ADOPTION OF ORDINANCES:
                         CONTINUED NOTICED PUBLIC HEARING:
                         FEE ADJUSTMENTS FOR THE DEPARTMENT OF
                         AGRICULTURE, WEIGHTS AND MEASURES (DISTRICT:ALL)

           OVERVIEW:
           On October 9, 2002 (2), your Board introduced Ordinances for further consideration and
           adoption on November 13, 2002.
           RECOMMENDATION:
           CHIEF ADMINSTRATIVE OFFICER
           Adopt Ordinances entitled:

                  AN ORDINANCE AMENDING THE SAN DIEGO COUNTY
                  ADMINISTRATIVE CODE RELATING TO FEES CHARGED BY THE
                  DEPARTMENT OF AGRICULTURE, WEIGHTS AND MEASURES FOR
                  VARIOUS SERVICES AND PROGRAMS, and

                  AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE OF
                  REGULATORY ORDINANCES RELATING TO REGISTERING WEIGHING
                  AND MEASURING INSTRUMENTS AND FEES FOR RELATED
                  INSPECTIONS AND PERMITS FOR AUTOMATED POINT-OF-SALE
                  STATIONS.

           ACTION:
           ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of
           Supervisors closed the hearing and took action as recommended, on Consent, adopting
           Ordinance No. 9513 (N.S.), entitled: AN ORDINANCE AMENDING THE SAN DIEGO
           COUNTY ADMINISTRATIVE CODE RELATING TO FEES CHARGED BY THE
           DEPARTMENT OF AGRICULTURE, WEIGHTS AND MEASURES FOR VARIOUS
           SERVICES AND PROGRAMS, and Ordinance No. 9514 (N.S.), entitled: AN
           ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE OF REGULATORY
           ORDINANCES RELATING TO REGISTERING WEIGHING AND MEASURING
           INSTRUMENTS AND FEES FOR RELATED INSPECTIONS AND PERMITS FOR
           AUTOMATED POINT-OF-SALE STATIONS.

           AYES: Cox, Jacob, Slater, Roberts, Horn



11/13/02                                                                                     47
36.        SUBJECT:          INVESTIGATION FOR PURCHASE OF THE RUTHERFORD
                             RANCH WEST IN THE VOLCAN MOUNTAIN REGION
                             (DISTRICT: 2)

           OVERVIEW:
           The Volcan Mountain Open Space Preserve north of Julian currently consists of
           approximately 4,754 acres owned by various organizations (including the County of San
           Diego) interested in permanently protecting Volcan Mountain and the surrounding
           region.

           Acquisition of approximately 1,800 acres known as the Rutherford Ranch West in the
           Volcan Mountain area will significantly contribute to the protected habitat and
           permanently preserve the viewshed. The current owner is a willing seller.

           FISCAL IMPACT:
           There is no fiscal impact associated with this action.

           RECOMMENDATION:
           SUPERVISOR JACOB
           Direct the Chief Administrative Officer to investigate the acquisition of the Rutherford
           Ranch West in the western portion of Volcan Mountain near Julian and take all steps
           necessary to locate funding for that purchase.

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

           AYES: Cox, Jacob, Slater, Roberts, Horn

37.        SUBJECT:         CLOSED SESSION (DISTRICT: ALL)
                            (CARRYOVER FROM 11/12/02 AGENDA NO. 15)
           OVERVIEW:
           A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
              C. Anthony Valladolid v. County of San Diego Board of Supervisors, et al.; San Diego
              County Superior Court No. GIC 775976
           B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
              San Diego County Public Defenders Association v. Board of Retirement, et al.
              (consolidated with Byron Ellsworth, et al. v. Board of Retirement, et al.); San Diego
              County Superior Court No. GIC 782445
           C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
              Luauna Stines, et al. v. County of San Diego, et al.; United States District Court No. 01-
              cv-1723-JM
           D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
              Allison Rolfe, et al. v. County of San Diego, et al.; Fourth District Court of Appeal No.
              D038865


11/13/02                                                                                           48
              E. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
                 Anticipated litigation pursuant to subdivision (c) of Government Code section 54956.9
                 No. of Potential Cases:     1

              F.   CONFERENCE WITH LABOR NEGOTIATORS
                   Designated Representatives: Carlos Arauz and Mike Kolb
                   Employee Organizations: All

              ACTION:
              No reportable items.

  38.         SUBJECT:           PRESENTATIONS/AWARDS

              OVERVIEW:
              Supervisor Bill Horn presented the Volunteer of the Month award to Chief Frank Twohy,
              Elfin Forest/Harmony Grove Fire Department.

              Chairman Ron Roberts presented a Proclamation honoring the Family Literacy
              Foundation to Betty Mohlenbrock, Founder and President, and Dr. Roger Rowe, Board
              Member.

              Vice Chairman Greg Cox presented a Proclamation honoring the San Diego World Trade
              Center to Richard Ledford, Chairman; and Bella Heule, President and CEO

              Supervisor Dianne Jacob presented a Proclamation honoring the City of El Cajon to the
              Honorable Mark Lewis, Mayor.

              Supervisor Pam Slater presented a Proclamation honoring San Diego State University to
              Steven Collins, Manager of Government and Community Relations; James Herrick,
              Executive Director of the Alumni Association; Rick Bay, Head of Athletics; and Steve
              Fisher, the Men’s Basketball Coach.

There being no further business, the Board adjourned at 4:30 p.m., in memory of Lawrence Daley and
David Rorick, Jr.

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


Notes by: Randolph

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




 11/13/02                                                                                         49