COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

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					                          STATEMENT OF PROCEEDINGS
                COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
             REGULAR MEETING - PLANNING AND LAND USE MATTERS
                        WEDNESDAY, FEBRUARY 25, 2009
                         Board Of Supervisors North Chamber
                 1600 Pacific Highway, Room 310, San Diego, California



MORNING SESSION: Meeting was called to order at 9:04 a.m.

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

Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meeting January 28, 2009.

ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board of Supervisors approved the
Statement of Proceedings/Minutes for the Meeting of January 28, 2009.

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

                            Board of Supervisors’ Agenda Items

 1.       CONTINUED NOTICED PUBLIC HEARING:
          ASSESSMENT BALLOT PROCEEDINGS – PERMANENT ROAD DIVISION ZONE
          NO. 64 – LILA LANE

 2.       NOTICED PUBLIC HEARING:
          AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATED TO
          METEOROLOGICAL TESTING FACILITIES; POD 08-015

 3.       NOTICED PUBLIC HEARING:
          APPEAL OF PLANNING COMMISSION DECISION TO APPROVE MAJOR USE
          PERMIT FOR T.E.R.I. (P02-019); NORTH COUNTY METROPOLITAN
          SUBREGIONAL PLAN

 4.       AMEND COUNTY TRANSNET LOCAL STREET AND ROAD PROGRAM OF
          PROJECTS; ADOPT REGIONAL TRANSPORTATION CONGESTION
          IMPROVEMENT PROGRAM RESOLUTION; AUTHORIZE AGREEMENT WITH
          CITY OF SAN DIEGO FOR TRANSFER AND EXCHANGE OF FUNDING




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 5.       AN ORDINANCE AMENDING TITLE 5 OF THE SAN DIEGO COUNTY CODE
          RELATING TO BUILDING, MOBILEHOME PARK AND SPECIAL OCCUPANCY
          PARK REGULATIONS AND TRAILER COACHES (FIRST READING – 02/25/09:
          SECOND READING – 03/04/09)

 6.       AUTHORIZATION TO ADVERTISE AND AWARD A CONSTRUCTION CONTRACT
          FOR RENOVATION OF THE LINDO LAKE PARK TENNIS COURTS
          [FUNDING SOURCE(S): LAKESIDE PARK LAND DEDICATION ORDINANCE
          (PLDO) FUND ]
          (4 VOTES)

 7.       GILLESPIE FIELD - AMENDMENTS TO 33 INDUSTRIAL GROUND LEASES IN
          THE GILLESPIE FIELD INDUSTRIAL PARK
          (4 VOTES)

 8.       SET HEARING FOR 3/25/09:
          VACATE A PORTION OF AN UNNAMED ROAD IN THE OTAY AREA, VACATION
          2008-0148 (2/25/09 - SET HEARING, ADOPT RESOLUTION OF INTENTION TO
          VACATE; 3/25/09-HOLD HEARING)

 9.       TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

 10.      PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – WESTLAND
          NURSERY REORGANIZATION AND DETACHMENT FROM VISTA IRRIGATION
          DISTRICT

 11.      PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – ROSE
          MOUNTAIN ROAD REORGANIZATION AND DETACHMENT FROM VALLECITOS
          WATER DISTRICT

 12.      ADMINISTRATIVE ITEM:
          EXTENSION OF TIME TO COMPLETE IMPROVEMENTS FOR COUNTY OF SAN
          DIEGO TRACT NO. 5002-1, FINAL MAP 14533, LOCATED IN JAMUL-DULZURA
          COMMUNITY PLANNING AREA

 13.      CLOSED SESSION
          (CARRYOVER ITEM FROM 2/24/09, AGENDA NO. 19)

 14.      PUBLIC COMMUNICATION




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1.        SUBJECT:        CONTINUED NOTICED PUBLIC HEARING:
                          ASSESSMENT BALLOT PROCEEDINGS – PERMANENT ROAD
                          DIVISION ZONE NO. 64 – LILA LANE (DISTRICT: 2)

          OVERVIEW:
          On January 28, 2009 (1), the Board held a public hearing regarding assessment ballot
          proceedings for Permanent Road Division Zone No. 64 – Lila Lane located in the Crest-Dehesa
          area of the County of San Diego (Thomas Guide page 1252, H-4). The proposed assessment
          increase would have provided sufficient monies to fund repair of the sinkhole that has developed
          in Lila Lane and for ongoing road maintenance.

          The public hearing was continued until February 25, 2009 to allow for ballot tabulation. Upon
          close of the hearing on January 28, 2009, the ballot results were tabulated and certified. All of
          the ballots returned were opposed to the assessment increase and the ballot measure has failed.

          This is a request to continue a hearing to accept and confirm the ballot tabulation results of the
          ballot proceedings for Permanent Road Division Zone No. 64 – Lila Lane.

          FISCAL IMPACT:
          There is no General Fund impact from this request. If approved, there will be no annual cost
          and will require no additional staff year.

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the proposed actions are exempt from the California Environmental Quality Act
             (CEQA) as specified under Section 15061(b)(3) of the State CEQA Guidelines.

          2.   Accept and confirm the tabulation results of the ballot proceedings for Permanent Road
               Division Zone No. 64 – Lila Lane.

          ACTION:
          ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board closed the
          hearing and took action as recommended, on Consent.

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




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2.        SUBJECT:        NOTICED PUBLIC HEARING:
                          AN ORDINANCE AMENDING THE ZONING ORDINANCE
                          RELATED TO METEOROLOGICAL TESTING FACILITIES; POD
                          08-015; (DISTRICTS: ALL)

          OVERVIEW:
          On September 24, 2008 (4), the Board of Supervisors directed the Chief Administrative Officer
          to prepare a Zoning Ordinance amendment that requires an Administrative Permit, rather than a
          Major Use Permit, for the installation of temporary wind turbine testing equipment. In recent
          years, the need for renewable energy has become increasingly important as our region looks for
          ways to become more energy self-sufficient. In support of this, the County continues to look for
          ways to keep its regulations current and to promote renewable energy sources. Pursuant to
          direction given, the Department of Planning and Land Use is returning with a report containing
          alternatives to allow for Meteorological Testing Facilities and to streamline the regulations for
          Residential Wind Turbine Systems. Depending on which Alternative is selected by the Board,
          an environmental analysis for the proposed project may need to be completed, requiring
          preparation of environmental documents.

          FISCAL IMPACT:
          Funds for this project are not budgeted. If the Board selects an option that would incur costs it
          would be necessary to direct the Chief Administrative Officer to identify adequate funds.
          Depending on which Alternative is selected by the Board, an environmental analysis for the
          proposed project may need to be completed. If Alternative A1 or B1 is selected, the action is
          expected to result in costs of approximately $150,000 for procuring professional services to
          prepare technical environmental documents. If Alternative B2 is selected, the action will result
          in costs up to $350,000 for the technical environmental documents. These costs could increase
          if substantial controversy occurs, an increased technical study is determined necessary, or an
          environmental impact report (EIR) is required. No costs are associated with the remaining three
          alternatives. Additionally, approximately one quarter Full Time Employee staffing would be
          necessary to process any changes to the Zoning Ordinance.

          BUSINESS IMPACT STATEMENT:
          With the proposed change in regulations, the number of requests for Wind Turbines in the
          County may increase. The proposed changes to the Zoning Ordinance would further County
          goals of utilizing alternative passive and renewable energy resources as well as minimizing
          economic impacts of energy supply and demand by creating the potential for alternative sources
          of energy.




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          RECOMMENDATION:
          PLANNING COMMISSION
          On December 19, 2008 the Planning Commission voted 3-Yes, 3-No on a motion to approve
          staff’s recommendation. Pursuant to Planning Commission Policy PC-2, in cases where the
          Commission is unable to take action due to the inability to obtain four votes to pass a motion,
          the Commission shall be deemed to have made a recommendation that the project be
          disapproved.

          DEPARTMENT OF PLANNING AND LAND USE
          1. Find that the project as proposed complies with the California Environmental Quality Act
             (CEQA) and State and County CEQA Guidelines because the amendments can be found
             exempt from CEQA per Section 15061(b)(3) of the CEQA Guidelines. (Attachment E).

          2. Adopt the attached Form of Ordinance (Attachment B):
                AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATED TO
                METEOROLOGICAL TESTING FACILITIES
          3. Receive options for amending the County Zoning Ordinance to simplify the permitting
             requirements for domestic wind turbines.

2.1       ACTION:
          ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board adopted the A2
          meteorological testing facility alternative.

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

2.2       ACTION:
          ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board adopted the B2
          wind turbine alternative and directed the Chief Administrative Officer to return to the Board
          with further analysis of the definition of a smaller tiered residential system and to investigate
          funding opportunities.

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

2.3       ACTION:
          ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board closed the
          Hearing and took action as recommended, adopting Ordinance No. 9971 (N.S.), entitled:
          AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE
          RELATED TO METEOROLOGICAL TESTING FACILITIES.

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


3.        SUBJECT:        NOTICED PUBLIC HEARING:
                          APPEAL OF PLANNING COMMISSION DECISION TO APPROVE
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                         MAJOR USE PERMIT FOR T.E.R.I. (P02-019); NORTH COUNTY
                         METROPOLITAN SUBREGIONAL PLAN
                         (DISTRICT: 5)

          OVERVIEW:
          This is an appeal of the Planning Commission's December 5, 2008 approval of a Major Use
          Permit for an educational and research facility on a 19.98-acre property. The facility would
          accommodate up to 305 students and 204 staff. The project would include 11 new buildings
          that would accommodate classrooms, administration, recreation, and other education related
          functions. A total of 287 parking spaces would be provided for employees, busses, visitors and
          deliveries. The project is located at 555 Deer Springs Road within the North County
          Metropolitan Subregional Plan area. The project is subject to the General Plan Land Use
          Designation (19) Intensive Agriculture

          FISCAL IMPACT:
          N/A

          BUSINESS IMPACT STATEMENT:
          If approved, this project will provide a positive economic impact in its construction, ongoing
          employment for 204 staff, vocational training of students for future employment opportunities,
          research and training activities to provide growth of professionals, and will stimulate
          partnerships among universities and health providers.

          RECOMMENDATION:
          PLANNING COMMISSION
          1. Grant Major Use Permit P02-019, adopting the Form of Decision that makes the
             appropriate findings and includes those requirements and conditions necessary to ensure that
             the project is implemented in a manner consistent with the Zoning Ordinance and State
             Law.

          2. Require the owner/applicant to enter into a Defense and Indemnification agreement with the
             County, accompanied by security in the form of a cash deposit or letter of credit, in the
             amount of $50,000.

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

          ACTION:
          Adding a recommendation to direct the Chief Administrative Officer to call out the processing
          time of the application for Major Use Permits on the Board letter; ON MOTION of Supervisor
          Horn, seconded by Supervisor Roberts, the Board closed the Hearing and took action as
          recommended.

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



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4.        SUBJECT:        AMEND COUNTY TRANSNET LOCAL STREET AND ROAD
                          PROGRAM OF PROJECTS; ADOPT REGIONAL
                          TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM
                          RESOLUTION; AUTHORIZE AGREEMENT WITH CITY OF SAN
                          DIEGO FOR TRANSFER AND EXCHANGE OF FUNDING
                          (DISTRICTS: ALL)

          OVERVIEW:
          The County TransNet Program involves planned expenditure of anticipated revenues from
          TransNet, the half-cent transportation sales tax originally approved by voters in 1987. Revenue
          from the TransNet Extension Program, approved by the voters on              November 2, 2004,
          began this Fiscal Year and will continue through 2048. The San Diego Association of
          Governments (SANDAG) administers this major transportation funding program.

          The Regional Transportation Improvement Program is updated biannually and subsequently
          amended on a quarterly basis. SANDAG Board of Directors adopted the 2008 Regional
          Transportation Improvement Program update on July 25, 2008 and submitted it to the
          California Transportation Commission for inclusion in the State Transportation Program.
          SANDAG approves the TransNet Program of Projects as an element of the Regional
          Transportation Improvement Program. SANDAG has asked that local agencies submit
          TransNet Street and Road Program of Projects amendments by March 4, 2009. Following a
          public comment period, SANDAG Board of Directors is scheduled to approve the Regional
          Transportation Improvement Program amendment on April 24, 2009. Upon Board approval,
          the County’s amended TransNet Program will be submitted to SANDAG for approval.

          Unincorporated San Diego County TransNet revenue forecasts as estimated by SANDAG have
          recently been decreased by approximately $3.5 million over the five year current program. Due
          to this projected revenue reduction and changes to project requirements, the proposed TransNet
          Street and Road Program of Projects amendment includes funding allocation adjustments to
          previously programmed projects, the addition of one new project, and a project to transfer and
          exchange TransNet funding for federal funding.


          This is a request to adopt a resolution to amend the County’s TransNet Street and Road
          Program of Projects. In addition, this request will amend a Regional Transportation Congestion
          Improvement Program Resolution first adopted by the Board on             January 30, 2008 to
          meet the requirements of the TransNet Extension Program Ordinance. This resolution would
          adjust the minimum required amount of County exactions for each newly constructed
          residential unit effective July 1, 2009. No new fee or fee increase associated with this
          adjustment is necessary. This request also includes adoption of a resolution authorizing
          execution of an agreement to transfer and exchange up to $157,000 in federal funding from the
          City of San Diego for up to $157,000 in County TransNet funding to allow for review and
          approval of NEPA environmental documents for South Santa Fe Avenue South and Rancho
          Santa Fe Roundabouts projects by Caltrans. The transfer and exchange of funding will also
          amend the County’s TransNet Street and Road Program of Projects.


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          At this time, there is a potential for State or federal stimulus funding to become available. On
          January 28, 2009 (Items 14-17), your Board approved appropriations from this source for four
          specific projects pending availability. Inclusion in the State Transportation Improvement
          Program may be essential to ensure a local project’s funding eligibility. This item includes a
          request to approve and authorize the addition of 31 new County of San Diego projects to the
          Regional Transportation Improvement Program, which becomes part of the State’s program, in
          order to position them for receiving economic stimulus or other federal funding.

          FISCAL IMPACT:
          The proposed amendment increases the TransNet allocation for six projects and decreases the
          TransNet allocation for ten projects, for a net decrease of $3,029,877. Appropriation of these
          monies will be brought to the Board in future year operational plan proposals. There is no
          County General Fund cost associated with the proposed County TransNet projects in the
          Regional Transportation Improvement Program.

          Appropriation of the monies for the 31 proposed Regional Transportation Improvement
          Program projects will be brought to the Board in future operational plan proposals should
          federal funds become available. There is no County General Fund cost associated with the 31
          proposed Regional Transportation Improvement Program projects.

          BUSINESS IMPACT STATEMENT:
          This item represents major capital improvement projects for Unincorporated San Diego County.
          The construction industry has been hard hit by the recession, and these projects are vital for
          providing stimulus to the economy and this industry sector.




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          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the recommended actions related to the development or adoption of a regional
             transportation improvement program and are exempt from review under the California
             Environmental Quality Act (CEQA) pursuant to Section 15276 of the State CEQA
             Guidelines.

          2.   Adopt a resolution entitled Resolution of the County of San Diego Adopting the TransNet
               Local Street Improvement Program of Projects for Fiscal Years 2008-09 through 2012-13.

          3.   Adopt a resolution entitled Resolution of the County of San Diego Board of Supervisors
               Amending a Funding Program for Regional Transportation Congestion Improvement
               Program, in order to adjust the minimum required amount of County exactions for each
               newly constructed, non-exempt residential unit from $2,000 to $2,040 effective     July
               1, 2009 until adjusted, pursuant to Section 9 of the TransNet Extension Ordinance.

          4.   Approve and authorize replacement of up to $96,000 in Fiscal Year 2010-11 County
               TransNet funding with Regional Surface Transportation Program funding from the City of
               San Diego for the Rancho Santa Fe Roundabouts Project; replacement of up to $61,000 in
               Fiscal Year 2010-11 County TransNet funding with Regional Surface Transportation
               Program funding from the City of San Diego for the South Santa Fe South Project; and,
               authorize the addition of a new Regional Transportation Improvement Program Project in
               order to transfer up to $157,000 in FY 2010 County TransNet funding to the City of San
               Diego.

          5.   Adopt a resolution entitled Resolution of the County of San Diego Authorizing Execution
               of an Agreement between the City of San Diego and the County of San Diego for a
               Transfer and Exchange of TransNet Funds for Regional Surface Transportation Program
               Funds.

          6.   Authorize the Director, Department of Public Works to execute, upon receipt, an
               agreement with the City of San Diego for transfer and exchange of up to $157,000 in
               federal Regional Surface Transportation Program funding for up to $157,000 in County
               TransNet funding.

          7.   Approve and authorize the addition of 31 new County of San Diego projects to the
               Regional Transportation Improvement Program and authorize the Director, Department of
               Public Works, to submit the County’s 31 new Regional Transportation Improvement
               Program to SANDAG.



          8.   Receive public testimony and direct that projects in the amended TransNet Local Street
               and Road Program of Projects, along with road and bridge projects receiving federal and
               State funds, be integrated into the County element of the Regional Transportation
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              Improvement Program for Fiscal Year 2008-09 through Fiscal Year 2012-13, and
              authorize the Director, Department of Public Works, to submit the County’s amended
              TransNet Program and Resolutions to SANDAG.

          ACTION:
          ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board took action as
          recommended, on Consent, adopting Resolution No. 09- 017, entitled: RESOLUTION OF
          THE COUNTY OF SAN DIEGO ADOPTING THE TRANSNET LOCAL STREET
          IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2008-09 THROUGH
          2012-13; Resolution No. 09-018, entitled: RESOLUTION OF THE COUNTY OF SAN
          DIEGO BOARD OF SUPERVISORS AMENDING A FUNDING PROGRAM FOR
          REGIONAL TRANSPORTATION CONGESTION IMPROVEMENT PROGRAM, and
          Resolution No. 09-019, entitled: RESOLUTION OF THE COUNTY OF SAN DIEGO
          AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN
          DIEGO AND THE COUNTY OF SAN DIEGO FOR A TRANSFER AND EXCHANGE OF
          TRANSNET FUNDS FOR REGIONAL SURFACE TRANSPORTATION PROGRAM
          FUNDS.

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



5.        SUBJECT:        AN ORDINANCE AMENDING TITLE 5 OF THE SAN DIEGO
                          COUNTY CODE RELATING TO BUILDING, MOBILEHOME
                          PARK AND SPECIAL OCCUPANCY PARK REGULATIONS AND
                          TRAILER COACHES (FIRST READING – 02/25/09: SECOND
                          READING – 03/04/09) (DISTRICTS: ALL)

          OVERVIEW:
          County Departments have been engaged in comprehensive revisions to the San Diego County
          Code. This recommendation, which proposes revisions to Title 5 of the County Code, is the
          fifth phase of the revision project.

          Title 5 of the County Code contains building regulations, other than the County Building Code,
          and regulations for mobilehome parks, special occupancy parks and trailer coaches. The
          proposed revisions to Title 5 will repeal regulations that are duplicated in the Zoning Ordinance
          or other sections of the County Code or determined to be unnecessary by the County
          Departments charged with enforcing the regulations.

          This requested action requires two steps, approval of the first reading of the Ordinance on
          February 25, 2009 and adoption of the Ordinance after the second reading on March 4, 2009.

          FISCAL IMPACT:
          There are no fiscal impacts associated with this recommendation.

          BUSINESS IMPACT STATEMENT:
          Adoption of the proposed Ordinance will eliminate regulations that: 1) duplicate regulations in
2/25/09                                                                                               8
          the County Zoning Ordinance and other sections of the County Code, 2) have been determined
          by the enforcing departments to be unnecessary or 3) are invalid based on a determination by
          the Court of Appeal. The proposed Ordinance will also clarify regulations and make them
          easier to be understood and be enforced.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          On February 25, 2009 (First Reading):
          1. Find that the proposed Ordinance amendments are exempt from review under the California
             Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA
             guidelines.

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

                AN ORDINANCE AMENDING TITLE 5 OF THE SAN DIEGO COUNTY
                CODE RELATING TO BUILDING, MOBILEHOME PARK AND SPECIAL
                OCCUPANCY PARK REGULATIONS AND TRAILER COACHES

          If the Board takes the action recommended in items 1 and 2, then on March 4, 2009
          (Second Reading):

          3.   Submit the Ordinance for further Board consideration and adoption (second reading).

          ACTION:
          ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action
          as recommended, introducing Ordinance for Board consideration and adoption on March 4,
          2009.

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



6.        SUBJECT:       AUTHORIZATION TO ADVERTISE AND AWARD A
                         CONSTRUCTION CONTRACT FOR RENOVATION OF THE
                         LINDO LAKE PARK TENNIS COURTS (DISTRICT: 2)

          OVERVIEW:
          The tennis courts at Lindo Lake County Park, located in the unincorporated community of
          Lakeside (Thomas Guide: Page 1232, B-3), are in need of renovation. The proposed project
          would resurface the existing courts, provide access for the disabled and replace existing
          inoperable lighting to provide users with high quality playing conditions.

          The requested action will establish appropriations of $216,000 of Park Land Dedication
          Ordinance funds in Capital Project 1012953 – Lindo Lake Tennis Courts Renovation project.
          This request will also authorize the Director of the Department of Purchasing and Contracting
          to advertise and award a construction contract estimated at $180,000, including contingency.
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          Remaining project funds, estimated at $36,000 will be used for design, inspection and project
          management.

          FISCAL IMPACT:
          Funds for this request are not included in the Fiscal Year 2008-09 Operational Plan for Capital
          Project 1012953 – Lindo Lake Park Tennis Courts Renovation. If approved, this request will
          result in costs and revenue of $216,000. The funding source is the Lakeside Park Land
          Dedication Ordinance (PLDO) Fund. Total construction costs are estimated at $180,000,
          which includes contingency. Remaining project funds, estimated at $36,000 will be used for
          design, inspection and project management. Upon construction completion, annual operations
          and maintenance of the tennis courts will be provided by existing Department of Parks and
          Recreation staff. The requested action will result in no new staff years and no change in net
          General Fund costs.

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that this project is exempt from the California Environmental Quality Act (CEQA)
             pursuant to CEQA Guidelines, Section 15301 because the project consists of repair and
             maintenance of existing park facilities and does not involve expansion of existing uses.

          2.   Establish appropriations of $216,000 in the Lakeside Park Land Dedication Ordinance
               (PLDO) Fund, Operating Transfer Out, for renovation of the Lindo Lake tennis courts,
               based on fund balance available. (4 VOTES)

          3.   Establish appropriations of $216,000 in the Capital Outlay Fund for Capital Project
               1012953 – Lindo Lake Tennis Courts Renovation Project based on an operating transfer
               from the Lakeside PLDO Fund. (4 VOTES)

          4.   Authorize the Director of the Department of Purchasing and Contracting to advertise and
               award a contract and to take any other action authorized by Section 401 et seq. of the
               Administrative Code for the Lindo Lake Tennis Courts Renovation project.

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

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



7.        SUBJECT:       GILLESPIE FIELD - AMENDMENTS TO 33 INDUSTRIAL
                         GROUND LEASES IN THE GILLESPIE FIELD INDUSTRIAL
                         PARK (DISTRICT: 2)

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          OVERVIEW:
          The County of San Diego operates Gillespie Field (Thomas Guide page 1251, E-2), a general
          aviation airport in El Cajon. The airport accommodates various aviation businesses providing
          service to the aviation community and general public. The Federal Aviation Administration
          requires the County receive market rent for leases of airport land and the lease revenue must be
          used for the operation and maintenance of the County Airport system. The non-aviation portion
          of Gillespie Field includes three industrial parks occupied by diverse industrial tenants.

          The Gillespie Field Industrial Park is one of these industrial parks. The approximately 51-
          acre park contains 33 individual ground leases that house numerous light industrial businesses.
          The leases were originally granted in the late 1970’s for terms of 55 years with rental
          adjustments every five years based on a designated index. Due to current economic conditions,
          the County and lessees negotiated a phased increase instead of using the index to implement the
          adjustment at one time, as provided by the current leases.

          This is a request to approve amendments to the 33 ground leases located within the Gillespie
          Field Industrial Park. These amendments will implement a tiered rental increase over the next
          five-year period.

          FISCAL IMPACT:
          This request will result in additional revenue to County’s Airport Enterprise Fund. The revenue
          source is rental payments from lessees under the terms of the amended lease agreements. If
          approved, this will result in the collection of $68,610 in increased rent payments during the
          current fiscal year for total revised annual rent revenue of $1,796,418. It will result in
          approximately $1,939,632 total annual rent revenue in Fiscal Year 2009-10 and $2,094,804
          total annual rent revenue in Fiscal Year 2010-11. This action will require no additional staff
          years.

          BUSINESS IMPACT STATEMENT:
          The proposed lease amendments are anticipated to have a positive impact for the businesses
          located on the 33 leaseholds in the Gillespie Field Industrial Park by providing gradual rental
          adjustments instead of a sudden increase to market rent.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find, in accordance with Section 15301 of the California Environmental Quality Act
             (CEQA) Guidelines, that the proposed lease amendments are categorically exempt from
             CEQA review as they involve continuation of existing use.

          2.   Approve and authorize the Clerk of the Board, upon receipt, to execute three copies of each
               of the proposed 33 Industrial Ground Lease Amendments for the Gillespie Field Industrial
               Park leases listed below: (4 VOTES)

          Lease                                              Contract Number(s)
          500 Raleigh L.P.                                   14031R & 14039R
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          1866 Friendship, LLC                            13694R
          1959 John Towers, LLC                           13681R
          1991 Friendship, L.P.                           14038R
          Airways Business Park Owners Association        122618
          The Arc of San Diego                            17946R
          Cuyamaca East Partners, LLC                     125941
          Ewing Irrigation Products, Inc.                 12665R
          Gerald L. Giannini and Elaine M. Giannini        12666R
          GKN Aerospace Chem-Tronics Inc.                 13682R
          Frank M. Goldberg, Trustee                      14033R, 16602R & 70506R
          Graphic Business Solutions, Inc.                12663R
          Ruth R. Gumbiner                               13678R
          Duane D. and Judy L. Harker                      13723R & 14032R
          Helf Properties, Inc.                             70520R, 70521R, 70522R, 70523R,
                                                        70524R, 70525R & 70526R
          Hurley Family Trust/Prime Heat, Inc.            13724R
          Jaw Friends, Inc.                               13683R
          M. W. Reynolds Construction Company,
          Incorporated                                    13663R
          Micro-Mode Products, Inc.                       12662R
          RBCo-R.E., L.P.                                 14036R
          Robert M. Sadler                                 71955R
          We-Ed, LLC                                       70527R
          Richard H. Wolfe, Jr. and Patricia A. Wolfe       13712R


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

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



8.        SUBJECT:       SET HEARING FOR 3/25/09:
                         VACATE A PORTION OF AN UNNAMED ROAD IN THE OTAY
                         AREA, VACATION 2008-0148 (DISTRICT: 1) (2/25/09 - SET
                         HEARING, ADOPT RESOLUTION OF INTENTION TO VACATE;
                         3/25/09-HOLD HEARING)

          OVERVIEW:
          Scannell Properties #102, LLC requested the County of San Diego to initiate proceedings to
          vacate a portion of an Unnamed Road, north of Airway Road, in the Otay area. The proposed
          vacation is a portion of an easement dedicated per Document No. 1991-0191570, recorded
2/25/09                                                                                        12
          April 26, 1991, of Official Records (Thomas Guide page 1352, A-2).

          This action requires two steps. On February 25, 2009, it is requested the Board set a hearing
          date of March 25, 2009 and adopt a Resolution of Intention to Vacate, which are
          recommendations 1, 2, 3, and 4 below. If the Board takes action on recommendations 1
          through 4, then on March 25, 2009, the Board, after making the necessary environmental
          findings, may approve the road vacation. These actions, listed as recommendations 5, 6 and 7
          below are discretionary after consideration of public testimony.

          FISCAL IMPACT:
          The applicant will pay the cost to process the requested vacation. The estimated cost is $4,500,
          which the applicant has placed on deposit with the County.

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          On February 25, 2009
          1. Find that the proposed action to set a hearing date is not subject to review under the
              California Environmental Quality Act (CEQA) pursuant to Sections 15060 and 15305 of
              the CEQA Guidelines.

          2.   Adopt a resolution entitled Resolution of Intent to Vacate the Unnamed Road in the Otay
               area.


          3.   Set a public hearing date of March 25, 2009 at 9:00 a.m. to consider vacating the
               Unnamed Road in the Otay area.

          4.   Direct the Clerk of the Board to provide notice of the hearing on the proposed vacation in
               the manner required by the Streets and Highway Code Sections 8300-8363.

          If, on February 25, 2009, the Board takes the action in Items 1-4, then, on March 25, 2009 after
          public testimony:

          5.    Find the project as proposed is categorically exempt from the California Environmental
                Quality Act (CEQA) Guidelines pursuant to Section 15305             (Minor Alteration in
                Land Use Limitations).

          6.    Adopt a resolution entitled Resolution of the Board of Supervisors of San Diego County
                to vacate the Unnamed Road in the Otay area (Vacation No. 2008-0148).

          7.    Direct the Clerk of the Board to record this resolution pursuant to the Streets and
                Highways Code Section 8325.


2/25/09                                                                                              13
          ACTION:
          ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board took action as
          recommended, on Consent, setting Hearing for March 25, 2009 at 9:00 a.m. and adopting
          Resolution No. 09-020, entitled: RESOLUTION OF INTENTION TO VACATE THE
          UNNAMED STREET IN THE OTAY AREA.

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



9.        SUBJECT:        TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
                          (DISTRICTS: 2 & 5)

          OVERVIEW:
          The Traffic Advisory Committee meets every six weeks to review proposed changes or
          additions to regulatory traffic controls. Six items were on the Committee's       December
          12, 2008 meeting agenda. The Committee recommends your action on five items, as one item
          (Item 2-A) was continued prior to the meeting at the request of the Valle de Oro Community
          Planning Group.

          This item also includes an update on a TAC item previously presented to the Board. On
          August 6, 2008 (13), the Chief Administrative Officer was directed to return to the Board in
          180 days (1) addressing the changes to be made to Hillsdale Road from Jamacha Road easterly
          to Willow Glen Drive (Thomas Guide page 1272, A-3) EL CAJON. The changes to be made
          are by the Department of Motor Vehicles notifying trucking companies to no longer conduct
          training sessions on Hillsdale Road; by Grossmont Union High School District no longer
          conducting its Regional Occupational Program training program which uses large commercial
          vehicles, and by Cottonwood Golf Course’s permit for sand mining expiring December 2009
          which would reduce the truck volume on Hillsdale Road; and (2) addressing if those changes
          have had an effect on the community’s concerns; and (3) if any further actions are needed.

          Staff contacted the Department of Motor Vehicles and Grossmont Union High School District;
          both have indicated Hillsdale Road is no longer being used as a training route. Cottonwood Golf
          Course has indicated their construction project is not complete and any associated large
          commercial vehicles are instructed to travel on Willow Glen Drive. In addition, a supplemental
          classification count indicates the presence of large commercial vehicles along Hillsdale Road
          has been reduced from 1% of the total volume to 0.6%. This confirmed low percentage does not
          constitute excessive use by large commercial vehicles. Large commercial vehicles are not posing
          any undue hazards or contributing to congestion and delay along Hillsdale Road. The
          combined actions have been successful in reducing the presence of large commercial vehicles
          and no further action is required.

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

          BUSINESS IMPACT STATEMENT:
2/25/09                                                                                             14
          N/A

          RECOMMENDATION:
          TRAFFIC ADVISORY COMMITTEE
          Consider and file report including the following recommendations:
          District 2

          2-B.     Rio Way and Lamar Street, (Thomas Guide page 1271, B-6) SPRING VALLEY --
                   Designate Lamar Street as a Through Highway.
          2-C.      Pedestrian Pathway along State Route 94, (Thomas Guide page 1271-A4) SPRING
                    VALLEY -- Support possible use of a Vacation Process to discern the needs of all users
                    of a proposed pedestrian pathway closure.

          2-D.     Arena Way between Gunn Stage Road and Open View Road, (Thomas Guide page
                   1173, D2) RAMONA -- Direct the existing 40 MPH speed limit be recertified for the
                   continued use of radar for speed enforcement.
          District 5
          5-A.     Valley Center Road from the Escondido City Limit northerly to Cole Grade Road,
                   (Thomas Guide pages 1090, F1 to 1110, F3) VALLEY CENTER -- Establish a
                   parking prohibition.


          5-B.      Bernardo Avenue, east side, from a point 200 feet south of Mountain Heights Drive
                    northerly to Oak Lane, (Thomas Guide page 1149, H1) ESCONDIDO -- Establish a
                    parking prohibition.

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

          2.     Concur with Traffic Advisory Committee's recommendations.

          3.     Adopt and amend the following Resolutions:
                 Resolutions Amending Traffic Resolution No. 301 Relating to the Establishment Of No
                 Standing or Parking Zones in the County of San Diego (Items 5-A and 5-B);

                 Resolutions Amending Traffic Resolution No. 304 Relating to the Establishment of Stop
                 Intersections in the County of San Diego (Item 2-B); and

                 Resolution Amending Traffic Resolution No. 305 Relating to the Establishment Of
                 Through Highways in the County of San Diego (Item 2-B).

          ACTION:
          ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board took action as

2/25/09                                                                                              15
          recommended, on Consent, adopting the following Resolutions entitled:

          Item 5-A, Resolution No. 09-021, entitled: TRAFFIC RESOLUTION NO. 3128,
          RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE
          ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF
          SAN DIEGO;

          Item 5-A, Resolution No. 09-022, entitled: TRAFFIC RESOLUTION NO. 3129,
          RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE
          ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF
          SAN DIEGO;

          Item 2-B, Resolution No. 09-023, entitled: TRAFFIC RESOLUTION NO. 3130,
          RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 304 RELATING TO THE
          ESTABLISHMENT OF STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO;

          Item 2-B, Resolution No. 09-024, entitled: TRAFFIC RESOLUTION NO. 3131,
          RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 304 RELATING TO THE
          ESTABLISHMENT OF STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO;

          Item 2-B, Resolution No. 09-025, entitled: TRAFFIC RESOLUTION NO. 3132,
          RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 304 RELATING TO THE
          ESTABLISHMENT OF STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO;

          Item 2-B, Resolution No. 09-026, entitled: TRAFFIC RESOLUTION NO. 3133,
          RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 304 RELATING TO THE
          ESTABLISHMENT OF STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO;

          Item 2-B, Resolution No. 09-027, entitled: TRAFFIC RESOLUTION NO. 3134,
          RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 304 RELATING TO THE
          ESTABLISHMENT OF STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO;

          Item 2-B, Resolution No. 09-028, entitled: TRAFFIC RESOLUTION NO. 3135,
          RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 304 RELATING TO THE
          ESTABLISHMENT OF STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO,
          and

          Item 2-B, Resolution No. 09-029, entitled: TRAFFIC RESOLUTION NO. 3136,
          RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 305 RELATING TO THE
          ESTABLISHMENT OF THROUGH HIGHWAYS IN THE COUNTY OF SAN DIEGO.

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




2/25/09                                                                           16
10.       SUBJECT:        PROPERTY TAX EXCHANGE FOR JURISDICTIONAL
                          CHANGES – WESTLAND NURSERY REORGANIZATION AND
                          DETACHMENT FROM VISTA IRRIGATION DISTRICT
                          (DISTRICT: 5)

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

          This proposal involves the annexation of one parcel that totals approximately 3.5 acres into
          Vallecitos Water District with concurrent detachment from Vista Irrigation District for the
          provision of water and sewer services. The property is currently being utilized as a flower and
          plant growing nursery in existing greenhouses. To the north and west of the property is a
          combination of residential and agricultural uses and to the east and south is agricultural land.

          The project is located north of Walnut Grove Park, east of Twin Oaks Valley Road, south of
          Homestead Drive, and west of Sarver Lane (Thomas Guide Page 1088/J7).

          FISCAL IMPACT:
          If approved, this proposal will result in a $12 per year shift in property tax revenue from the
          Vista Irrigation District to the Vallecitos Water District. There will be no impact to the County
          General Fund.

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the property tax exchange for the Westland Nursery Reorganization and
             detachment from the Vista Irrigation District is not a project pursuant to the California
             Environmental Quality Act (CEQA) as specified under Section 15378(b)(4) for the
             reasons detailed in the Notice of Exemption dated February 3, 2009 on file with the
             Department of Planning and Land Use.

          2.   Adopt the resolution entitled, Resolution Regarding Negotiated Property Tax Exchange
               Relative To Jurisdictional Changes

          ACTION:
          ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board took action as
          recommended, on Consent, adopting Resolution No. 09-030, entitled: RESOLUTION
          REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO
          JURISDICTIONAL CHANGES.

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


2/25/09                                                                                               17
11.       SUBJECT:        PROPERTY TAX EXCHANGE FOR JURISDICTIONAL
                          CHANGES – ROSE MOUNTAIN ROAD REORGANIZATION AND
                          DETACHMENT FROM VALLECITOS WATER DISTRICT
                          (DISTRICT: 5)

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

          This proposal involves the annexation of one parcel that totals approximately .93 acres into
          Vista Irrigation District with concurrent detachment from Vallecitos Water District for the
          provision of water service. The proposal territory is occupied with one single-family residence
          that utilizes an on-site well for its domestic water uses and an underground septic system for its
          sewage disposal. While the subject portion of the parcel is currently within the Vallecitos Water
          District’s sphere of influence and service area, the Districts have determined that Vista
          Irrigation District is better able to provide water service to the proposal territory via an existing
          main located on the subject property.

          The project is located north of Buena Creek Road, east of Foothill Drive, south of Gopher
          Canyon Road and west of I-15 (Thomas Guide Page 1088/G7).

          FISCAL IMPACT:
          If approved, this proposal will result in a $56 per year shift in property tax revenue from the
          Vallecitos Water District to the Vista Irrigation District. There will be no impact to the County
          General Fund.

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the property tax exchange for the Rose Mountain Road Reorganization and
             detachment from the Vista Irrigation District is not a project pursuant to the California
             Environmental Quality Act (CEQA) as specified under Section 15378(b)(4) for the reasons
             detailed in the Notice of Exemption dated February 3, 2009 on file with the Department of
             Planning and Land Use.

          2. Adopt the resolution entitled, Resolution Regarding Negotiated Property Tax Exchange
             Relative To Jurisdictional Changes.




2/25/09                                                                                                  18
          ACTION:
          ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board took action as
          recommended, on Consent, adopting Resolution No. 09-031, entitled: RESOLUTION
          REGARDING NEGOTIATED PROPERTY TAX EXCHANGE RELATIVE TO
          JURISDICTIONAL CHANGES.

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



12.       SUBJECT:        ADMINISTRATIVE ITEM:
                          EXTENSION OF TIME TO COMPLETE IMPROVEMENTS FOR
                          COUNTY OF SAN DIEGO TRACT NO. 5002-1, FINAL MAP 14533,
                          LOCATED IN JAMUL-DULZURA COMMUNITY PLANNING
                          AREA (DISTRICT: 2)

          OVERVIEW:
          County of San Diego Tract 5002-1 is a subdivision consisting of 9 single-family residential lots
          and a total of 80.13 acres. It is located in the Jamul area on the north side of Skyline Truck
          Trail and the west side of Wisecarver Truck Trail and Wisecarver Lane (Thomas Guide page
          1274, B-7, 2008 Edition).

          Owner of this recorded subdivision does not wish to construct the project at this time due to
          current economic downturn. A two-year extension will ensure responsibility remains with the
          owner to construct needed infrastructure such as streets, drainage and water facilities, and the
          extension will allow the owner to retain development rights on the project.
          This is a request to extend, for a period of two years, the performance completion date of lien
          contract improvement agreement for County of San Diego Tract No. 5002-1, Final Map 14533.

          FISCAL IMPACT:
          N/A

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          Grant an extension of time to January 29, 2011 to complete the construction of required
          improvements in accordance with the improvement agreement and lien contract for County of
          San Diego Tract No. 5002-1, Final Map 14533.




2/25/09                                                                                              19
          ACTION:
          ON MOTION of Supervisor Roberts, seconded by Supervisor Horn, the Board took action as
          recommended, on Consent.

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


13.       SUBJECT:            CLOSED SESSION (DISTRICTS: ALL)
                              (CARRYOVER ITEM FROM 2/24/09, AGENDA NO. 19)

          OVERVIEW:
          A.  CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
              (Subdivision (a) of Section 54956.9)
              Lauren Sage-Whitt v. County of San Diego, et al.; San Diego County Superior Court
              No. 37-2007-00079542-CL-PO-EC

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

          C.    CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
                (Subdivision (a) of Section 54956.9)
                County of Sacramento, et al. v. State of California, et al.; County of Sacramento
                Superior Court No. 34-2009-80000164-CU-WM-GDS

          D.    CONFERENCE WITH LABOR NEGOTIATORS
                (Government Code section 54957.6)
                Designated Representatives: Carlos Arauz and Susan Brazeau
                Employee Organizations: All

          ACTION:
          In closed session on Tuesday, February 24, 2009, the Board of Supervisors took the following
          reportable action:

          Item 13B: By vote of all 5 members of the Board being present and voting “Aye,” the County
          authorized the initiation of litigation, the particulars of which will be disclosed upon inquiry,
          after litigation has actually been commenced, in accordance with the provisions of Government
          Code Section 54957.1, subdivision (a) (2).


14.       SUBJECT:        PUBLIC COMMUNICATION

          OVERVIEW:
          Judy Swift spoke to the Board concerning TPM 20903.


2/25/09                                                                                               20
             ACTION:
             Heard, referred to the Chief Administrative Officer.


 There being no further business, the Board adjourned at 11:41 a.m.




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


 Consent: Santos
 Discussion: Mazyck


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




2/25/09                                                                                                21

				
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