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					                              STATEMENT OF PROCEEDINGS
                    COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
                 REGULAR MEETING - PLANNING AND LAND USE MATTERS
                           WEDNESDAY, JULY 24, 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: Supervisor Ron Roberts; Chairman; Gregory Cox, Vice Chairman; Dianne Jacob; Pam Slater; and
Bill Horn; also Thomas J. Pastuszka, Clerk.

Public Communication - (No Speakers)


                               Board of Supervisors' Agenda Items

1.      CONTINUED NOTICED PUBLIC HEARING:
        OTAY RANCH CONVEYANCE PLAN REVISIONS, GENERAL PLAN AMENDMENT
        00-01(2)
        (CARRYOVER FROM 6/19/02, AGENDA NO. 3)

2.      NOTICED PUBLIC HEARING:
        DEFENSE AND INDEMNIFICATION AGREEMENTS FOR LAND USE
        DEVELOPMENT PROJECTS

3.      NOTICED PUBLIC HEARING:
        NOVEMBER 2002 BALLOT MEASURES FOR COUNTY SERVICE AREA NOS. 111 –
        BOULEVARD AND 112 - CAMPO

4.      NOTICED PUBLIC HEARING:
        COLLECTION ON FISCAL YEAR 2002-03 TAX ROLL OF EXISTING FEES AND
        CHARGES FOR ALPINE, JULIAN, LAKESIDE, PINE VALLEY AND SPRING VALLEY
        SANITATION DISTRICTS AND THE WINTER GARDENS SEWER MAINTENANCE
        DISTRICT; AND REIMBURSEMENT-PROPERTY LIEN PAYMENTS FOR LAKESIDE
        SANITATION DISTRICT
        [FUNDING SOURCE(S):ANNUAL SEWER SERVICE CHARGES]
        (RELATES TO SANITATION DISTRICT AGENDA ITEM NO. 1)

5.      NOTICED PUBLIC HEARING:
        HEARING TO CONFIRM FISCAL YEAR 2002-03 LEVIES FOR VARIOUS
        PERMANENT ROAD DIVISION ZONES AND COUNTY SERVICE AREAS AND THEIR
        ZONES




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6.     NOTICED PUBLIC HEARING:
       CONFIRMATION OF ASSESSMENTS IN THE SAN DIEGO COUNTY STREET
       LIGHTING DISTRICT

7.     APPROVE AND AUTHORIZE TWO REQUESTS TO USE A TOTAL OF 21.12 ACRES
       OF THE COUNTY’S FIVE PERCENT COASTAL SAGE SCRUB LOSS ALLOTMENT BY
       THE CITIES OF CARLSBAD AND SAN MARCOS AND REPEAL OF BOARD POLICY
       I-122
       (CARRYOVER FROM 6/19/02, AGENDA NO. 22)
       (4 VOTES)

8.     AGREEMENTS BETWEEN THE COUNTY OF SAN DIEGO AND BORREGO SPRINGS
       AND ALPINE FIRE PROTECTION DISTRICTS

9.     MCCLELLAN-PALOMAR AIRPORT – NINTH AMENDMENT TO AVIATION LEASE
       WITH WESTERN FLIGHT, INC., EMPLOYEE STOCK OWNERSHIP TRUST
       [FUNDING SOURCE(S): AIRPORT ENTERPRISE FUND]
       (4 VOTES)

10.    MCCLELLAN-PALOMAR AIRPORT – FIFTH AMENDMENT TO AVIATION LEASE
       WITH OCEAN AIR CHARTERS, INC.
       [FUNDING SOURCE(S): REVENUE LEASE]
        (4 VOTES)

11.    RAMONA AIRPORT – AVIATION LEASE WITH CHARLES AND EVELYN HALL
       TRUST
       [FUNDING SOURCE(S): AIRPORT ENTERPRISE FUND]
        (4 VOTES)

12.    AIRPORTS - ACCEPTANCE OF GIFT OF AUTOMATED WEATHER OBSERVATION
       SERVICE FROM BELL CHARITABLE FOUNDATION
       [FUNDING SOURCE(S): AIRPORT ENTERPRISE FUND AND STATE ANNUAL
       GRANT]

13.    GRANT APPLICATION TO STATE ENERGY RESOURCES CONSERVATION AND
       DEVELOPMENT COMMISSION (ENERGY COMMISSION) FOR TRAFFIC SIGNALS
       [FUNDING SOURCE(S): GRANT FROM THE STATE ENERGY RESOURCES
       CONSERVATION AND DEVELOPMENT COMMISSION (ENERGY COMMISSION)]

14.    REQUEST TO CLOSE CALAVO DRIVE AT AVOCADO BOULEVARD TO
       WESTBOUND TRAFFIC
       [FUNDING SOURCE(S): ROAD FUND]




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15.    REIMBURSEMENT TO THE CITY OF EL CAJON FOR CONSTRUCTION OF A
       TRAFFIC SIGNAL AT THE INTERSECTION OF GREENFIELD DRIVE AND VICTOR
       AVENUE
       [FUNDING SOURCE(S): GAS TAX]

16.    AGREEMENT WITH RDH CHEMICAL COMPANY FOR CONSTRUCTION OF FLOOD
       CONTROL FACILITIES IN SPRING VALLEY
       [FUNDING SOURCE(S): FOR ESTABLISHMENT OF APPROPRIATIONS IS
       UNANTICIPATED REVENUE FROM SPECIAL DRAINAGE AREA FEES PAID BY
       DEVELOPERS]
        (4 VOTES)
       (RELATES TO FLOOD CONTROL DISTRICT AGENDA ITEM NO. 1)

17.    AGREEMENTS WITH THREE CONSULTANT FIRMS TO PROVIDE CAPITAL
       IMPROVEMENT PROGRAM CONSTRUCTION INSPECTION SERVICES ON AN AS-
       NEEDED BASIS

18.    CONSULTANT AGREEMENTS TO PROVIDE PRIVATE DEVELOPMENT
       CONSTRUCTION INSPECTION SERVICES ON AN AS-NEEDED BASIS

19.    APPROVAL OF JOINT COMMUNITY FACILITIES AGREEMENT FOR PUBLIC
       IMPROVEMENTS WITHIN COUNTY OF SAN DIEGO TRACT NO. 5066-1 (FINAL MAP
       13905), LOCATED IN THE SAN DIEGUITO COMMUNITY PLANNING AREA
       [FUNDING SOURCE(S): GAS TAX AND COUNTY SERVICE AREA 83A – SAN
       DIEGUITO PARKS]
       [FUNDING SOURCE(S): GAS TAX]
        (4 VOTES)

20.    CLOSED SESSION
       (CARRYOVER ITEM FROM 7/23/02, AGENDA NO. 31)

21.    PRESENTATIONS/AWARDS




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1.        SUBJECT:         CONTINUED NOTICED PUBLIC HEARING:
                           OTAY RANCH CONVEYANCE PLAN REVISIONS, GENERAL PLAN
                           AMENDMENT 00-01(2) (DISTRICT: 1,2)
                           (CARRYOVER FROM 6/19/02, AGENDA NO. 3)

          OVERVIEW:
          On June 19, 2002 (3), your Board continued the Hearing at the request of the Chief Administrative
          Officer to July 24, 2002 at 9:00 a.m.

          The Board of Supervisors and the City of Chula Vista adopted the Otay Ranch General
          Development Plan/Subregional Plan on October 28, 1993 (1), County General Plan Amendment
          92-04. General Plan Amendment 92-04 adopted Volume 2 of the Otay Subregional Plan text,
          which contains major policies, recommendations and implementation measures guiding
          development of the Otay Ranch project. Many of these policies, recommendations and
          implementation measures require continued coordination between the City of Chula Vista and the
          County of San Diego.

          Also on October 28, 1993, the Board adopted Board Policy I-109, Subcommittee and Plans to
          Guide Development of the Otay Ranch Project, to provide direction to San Diego County decision
          makers and staff, owners of the subject land, and other public agencies concerned with
          development of the Otay Ranch project for purposes of implementing Volume 2 of the Otay
          Subregional Plan. This policy also established a subcommittee of two Board members (Supervisors
          Cox and Jacob) to meet as-needed with two members of the Chula Vista City Council regarding the
          following issues/plans: Sphere of Influence Study, Annexation Plans, Property Tax Agreements,
          Phase 2 Resource Management Plan, Overall Design Plan and other major issues identified by
          either body. Board Policy I-109 also designated a number of other "Associated Documents" to be
          used in the preparation of applications for development of portions of Otay Ranch. These
          Associated Documents include: Mitigation Monitoring Program (Document 759220), Resource
          Management Plan (Document 759221), Village Phase Plan (Document 759222), Facility
          Implementation Plans (Doc. 759223) and Service/Revenue Plan (Document 759224).

          Board Policy I-109 states that the Otay Ranch Associated Documents may be amended by the
          Board of Supervisors from time to time. It sets forth procedures to be followed by the Department
          of Planning and Land Use in consultation with the City of Chula Vista when the processing of any
          such amendment is authorized by the Board of Supervisors. This process further involves being
          heard by the Planning Commission and the Board of Supervisors following public notice
          procedures.

          At a public meeting held on April 29, 2002, the Board of Supervisors Otay Ranch Subcommittee
          approved a motion directing staff to prepare a recommendation to amend the Otay Ranch Open
          Space Conveyance Plan portion of the Otay Ranch Resource Management Plan, Phase 2 for
          consideration by the Planning Commission and Board of Supervisors to make it consistent with the
          expanded Preserve initial conveyance area map approved by the City of Chula Vista in 1998. On
          June 14, 2002, the Planning Commission is scheduled to consider the recommendations listed
          below and provide a recommendation to the Board. The written Planning Commission

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          recommendation will be provided to the Board at the June 19, 2002 Board meeting. A notice of the
          Planning Commission and Board of Supervisors meetings was advertised in The San Diego Daily
          Transcript on May 31, 2002. In addition, sixty-two notices were mailed to property owners,
          adjacent landowners and interested parties on May 30, 2002.

          The Conveyance Plan is a dynamic planning tool for the orderly conveyance of Otay Ranch land to
          the Preserve Owner/Manager that may be modified to reflect changing circumstances. The
          changing circumstances discussed in this Board letter include: the fragmentation of Otay Ranch
          ownership, listing of the Quino checkerspot butterfly as endangered, adoption by the Board of the
          Multiple Species Conservation Program in 1997, and authorization for the United States Fish &
          Wildlife Service to create the San Diego National Wildlife Refuge in the vicinity of (and possibly
          including) the Otay Ranch Open Space Preserve. In this letter, the area of the Preserve within
          which the first group of conveyances must be made is proposed to be enlarged to encompass all of
          the high-priority areas identified in the adopted Resource Management Plan. In addition, the
          proposal includes provisions in which property owners whose development projects are located
          outside of Otay Ranch are given the option of purchasing and conveying mitigation lands within the
          Preserve. It also includes provisions that if this results in completion of land acquisition for the
          Preserve prior to all development approvals being granted for Otay Ranch parcels, the owners of
          remaining Otay Ranch development property may be allowed to convey land to meet their open
          space requirements outside the existing Preserve boundary subject to criteria specified in more
          detail below.

          Other procedural changes incorporated in the proposed revisions include: 1) allowing a developer
          to use “metes and bounds” to convey the exact amount of lands required; 2) conveying lands in
          excess of that required, and tracking of any excess by the Preserve Owner/Manager; 3) allowance of
          conveyance using an “Irrevocable Offer of Dedication” and subsequent transfer of fee title; 4)
          defining conditions for purchase of Preserve lands by governmental entities; 5) providing that
          organizations or individuals seeking to purchase designated development lands to preserve as open
          space, must also purchase and preserve the open space Preserve lands that normally would have
          been conveyed to the Preserve Owner Manager; 6) allowing the Preserve Owner Manager staff to
          evaluate proposed conveyances and to impose reasonable conditions; 7) providing for dispute
          resolution by the Preserve Owner/Manager Executive Committee; 8) providing that conveying
          parties maintain the land until their management can be assumed by the Preserve Owner Manager;
          9) requiring completion of Phase I hazardous materials studies to assure the County and City that
          they are not accepting lands containing problematic conditions; 10) expanding the initial area of
          conveyances; 11) allowing non-Otay Ranch developers to buy and then convey Preserve lands to
          the Preserve Owner/Manager; and 12) allowing Otay Ranch developers to buy and then convey
          lands outside Otay Ranch if all Preserve lands have been conveyed.

          This is a request to adopt resolutions approving amendment of the (1) Otay Ranch Resource
          Management Plan, Phase 2 Preserve Initial Conveyance Area Map (Attachment B1); and (2) Otay
          Ranch Resource Management Plan, Phase 2 text (Attachment B2). It further directs the
          incorporation of these changes into the Resource Management Plan, Phase 2.

          FISCAL IMPACT:
          N/A

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          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER:
          1. Receive the written recommendation of the Planning Commission dated June 14, 2002.

          2. Review and consider information contained within the Final Program Environmental Impact
             Report for Otay Ranch, dated December 1992, and the Findings of Fact for Otay Ranch General
             Development Plan/Subregional Plan (Phase II Progress Plan), dated October 28, 1993.

          3. Find that there are no changes in the project or in the circumstances under which it is
             undertaken which involve significant new environmental impacts which were not considered in
             the previously certified Final Program Environmental Impact Report, or a substantial increase
             in the severity of previously identified significant effects, and that no new information of
             substantial importance has become available since said Environmental Impact Report was
             prepared.

          4. Adopt the attached Resolution (Attachment A1) approving General Plan Amendment 00-01(2)
             amending Volume 2 of the Otay Subregional Plan by amending Section II.B (Preserve
             Conveyance Plan) of the Otay Ranch Resource Management Plan, Phase 2 Preserve Initial
             Conveyance Area Map (Attachment B1).

          5. Adopt the attached Resolution (Attachment A2) approving General Plan Amendment 00-01(2)
             amending Volume 2 of the Otay Subregional Plan by amending Section II.B (Preserve
             Conveyance Plan) of the Otay Ranch Resource Management Plan, Phase 2 text (Attachment
             B2).

          6. Direct Department of Planning and Land Use staff to incorporate the adopted changes into an
             updated Resource Management Plan, Phase 2 document.

          ACTION:
          ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board of Supervisors
          continued the Hearing to August 7, 2002, 9:00 a.m., and in the interim took the following
          actions:

          1.     Direct the Chief Administrative Officer to immediately schedule a meeting of the
                 Preserve Owner Manager (POM).

          2.     At the first meeting of the POM, obtain an agreement with the City of Chula Vista to
                 allocate funds accumulated in the City of Chula Vista Mello Roos District to the POM
                 for management of preserve lands that are subject to the Irrevocable Offers of
                 Dedication (IODs) conveyed to mitigate for Otay Ranch development.

          3.     Direct the Chief Administrative Officer to return to the Board with a recommendation to
                 accept the IODs upon receipt of the funds from the Mello Roos District; begin
                 management, monitoring and maintenance responsibilities in accordance with the Joint
                 Powers Agreement with the City of Chula Vista.
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          4.     Direct the Chief Administrative Officer to return to the Board at the continued hearing
                 with an amended Preserve Conveyance Plan Map.

          5.     Encourage the City of Chula Vista, Otay Ranch Company and Otay Land Company to
                 enter into an agreement which would include the following provisions:

                 a)      City to immediate commence "friendly" condemnation proceedings to acquire
                         for fair market value the approximately 440 acres of land owned by Otay Land
                         Company in the 1996 approved conveyance area. The only issue to be addressed
                         in the condemnation is fair market value.
                 b)      Otay Ranch Company to pay for acquisition of the land and to provide a deposit
                         for the condemnation in an amount satisfactory to the City of Chula Vista.
                 c)      At such time as the deposit is made with the City, all final maps, building
                         permits and other approvals needed by Otay Ranch from the City of Chula Vista
                         will be moved forward for approval by the City without opposition from Otay
                         Land Company.
                 d)      The parties agree to support the County's immediate adoption of an amendment
                         to the 1996 Conveyance Plan substantially consistent with the 1998 amendment
                         already adopted by the City of Chula Vista.
                 e)      All parties agree that they will not litigate or otherwise contest (1) the City's
                         actions adopting and/or implementing (e.g. through irrevocable offers of
                         dedication, easements, etc) the 1998 Amendment to the RMP, (2) the County's
                         adoption of an amendment to the RMP substantially similar to the City's 1998
                         Amendment, and/or (3) any actions by the City to date taken as a result of its
                         adoption of the 1998 Amendment including, but not limited to, approval of final
                         maps and the issuance of building permits.

          AYES: Cox, Jacob, Slater, Roberts, Horn

2.        SUBJECT:            NOTICED PUBLIC HEARING:
                              DEFENSE AND INDEMNIFICATION AGREEMENTS FOR LAND
                              USE DEVELOPMENT PROJECTS (DISTRICT: ALL)

          OVERVIEW:
          This Board letter asks that your Board approve the attached ordinance, which requires land use
          applicants to continue to defend and indemnify the County pursuant to an agreement rather than by
          permit conditions in connection with discretionary land use development applications submitted to
          the County of San Diego.

          FISCAL IMPACT:
          The recommended action will mitigate financial risk to the County arising from the approval of
          land use development projects by ensuring that the applicant will continue to defend and indemnify
          the County pursuant to an agreement rather than by permit conditions.


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          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. The action simply
          would change this requirement from being a condition of a permit to a requirement pursuant to
          an agreement. Such a change is in form only, not substance, and thus does not result in any
          change or impact on business compared to current practice.
          RECOMMENDATION:
          PLANNING COMMISSION
          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 Adding Or Amending Other Sections In The San Diego County Code And The San
                Diego County Zoning Ordinance, Related To Defense And Indemnification Agreements For
                Land Use Development Projects (Attachment 1).

             Submit the Ordinance for further Board consideration and adoption (second reading) on August
             7, 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).

          DEPARTMENT OF PLANNING AND LAND USE
          COUNTY COUNSEL
          Concur with the Planning Commission recommendations.

          ACTION:
          ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors
          continued the Hearing for 90 days and directed the Chief Administrative Officer to return to the
          Board with issues of Defense and Indemnification; further directed the Chief Administrative
          Officer to work with the industry to amend the current ordinance and to allow the ultimate decision-
          making authority to require an indemnification agreement and security when it is determined that
          there will be a financial risk to the County.


          AYES: Cox, Jacob, Slater, Roberts, Horn



3.        SUBJECT:          NOTICED PUBLIC HEARING:
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                            NOVEMBER 2002 BALLOT MEASURES FOR COUNTY SERVICE
                            AREA NOS. 111 – BOULEVARD AND 112 - CAMPO (DISTRICT: 2)

          OVERVIEW:
          The Boards of Directors for County Service Area No. 111 – Boulevard and County Service Area
          No. 112 – Campo have adopted resolutions requesting the Board place funding measures
          authorizing the levy of a Special Benefit Tax on the November 5, 2002 ballot. The measures are
          requested to provide additional funding for adequate structural fire protection and emergency
          medical services. The Boards of Directors have determined current funding is insufficient to meet
          these needs, and after investigating other means to raise funds, request this levy proposal be placed
          on the ballot.

          FISCAL IMPACT:
          If approved, this request will have no fiscal impact in current or subsequent years and will require
          no additional staff years. Any levies resulting from this action will be brought to the Board for
          approval as part of the annual benefit charge process.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find, in accordance with Section 15061(b)(1) of California Environmental Quality Act (CEQA)
             Guidelines, that this action is exempt from CEQA because it is not a project as defined in
             Section 15378(b)(4).

          2. Adopt resolutions entitled:

                  Resolution of the Board of Supervisors to Conduct Elections in County Service Area 111 –
                  Boulevard on the Question of Authorizing Levy of Special Benefit Taxes by the Board of
                  Supervisors on Tuesday November 5, 2002, and to Consolidate that Election with the
                  General Election held on the Same Day.

                  Resolution of the Board of Supervisors to Conduct Elections in County Service Area 112 –
                  Campo on the Question of Authorizing Levy of Special Benefit Taxes by the Board of
                  Supervisors on Tuesday November 5, 2002, and to Consolidate that Election with the
                  General Election held on the Same Day.

          3. Direct County Counsel to prepare impartial analyses of the ballot measures to be included in
             sample ballots.




          4. Adopt the following ordinances to be effective immediately subject to confirmation by two-
             thirds of those voting in elections pursuant to Government Code Section 25123.

                 AN ORDINANCE DETERMINING AND PROPOSING FOR ADOPTION, ANNUAL
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                SPECIAL BENEFIT TAXES FOR STRUCTURAL FIRE PROTECTION AND
                EMERGENCY MEDICAL SERVICES WITHIN THE BOUNDARIES OF COUNTY
                SERVICE AREA NO. 111 - BOULEVARD

                 AN ORDINANCE DETERMINING AND PROPOSING FOR ADOPTION, ANNUAL
                 SPECIAL BENEFIT TAXES FOR STRUCTURAL FIRE PROTECTION AND
                 EMERGENCY MEDICAL SERVICES WITHIN THE BOUNDARIES OF COUNTY
                 SERVICE AREA NO. 112 – CAMPO

          ACTION:
          ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board of Supervisors
          closed the Hearing and took action as recommended, on Consent, adopting the following
          Resolutions:

          No. 02-252, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS TO CONDUCT
          THE ELECTION IN COUNTY SERVICE AREA 111 – BOULEVARD ON THE QUESTION
          OF AUTHORIZING THE LEVY OF A SPECIAL BENEFIT TAX BY THE BOARD OF
          SUPERVISORS ON TUESDAY, NOVEMBER 5, 2002, AND TO CONSOLIDATE THAT
          ELECTION WITH THE GENERAL ELECTION TO BE HELD ON THE SAME DAY,

          No. 02-253, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS TO CONDUCT
          THE ELECTION IN COUNTY SERVICE AREA 112 – BOULEVARD ON THE QUESTION
          OF AUTHORIZING THE LEVY OF A SPECIAL BENEFIT TAX BY THE BOARD OF
          SUPERVISORS ON TUESDAY, NOVEMBER 5, 2002, AND TO CONSOLIDATE THAT
          ELECTION WITH THE GENERAL ELECTION TO BE HELD ON THE SAME DAY;

          and adopting the following Ordinances:

          No. 9487 (New Series), entitled: AN ORDINANCE DETERMINING AND PROPOSING
          FOR ADOPTION AN ANNUAL SPECIAL BENEFIT TAX FOR STRUCTURAL FIRE
          PROTECTION SERVICE WITHIN THE BOUNDARIES OF COUNTY SERVICE AREA
          NO. 111; and

          No. 9488 (New Series), entitled: AN ORDINANCE DETERMINING AND PROPOSING
          FOR ADOPTION AN ANNUAL SPECIAL BENEFIT TAX FOR STRUCTURAL FIRE
          PROTECTION SERVICE WITHIN THE BOUNDARIES OF COUNTY SERVICE AREA
          NO. 112.

          AYES: Cox, Jacob, Slater, Roberts, Horn



4.        SUBJECT:         NOTICED PUBLIC HEARING:
                           COLLECTION ON FISCAL YEAR 2002-03 TAX ROLL OF EXISTING
                           FEES AND CHARGES FOR ALPINE, JULIAN, LAKESIDE, PINE
                           VALLEY AND SPRING VALLEY SANITATION DISTRICTS AND
                           THE WINTER GARDENS SEWER MAINTENANCE DISTRICT; AND
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                             REIMBURSEMENT-PROPERTY LIEN PAYMENTS FOR LAKESIDE
                             SANITATION DISTRICT (DISTRICT: 1, 2)

          OVERVIEW:
          Today's public hearing is necessary for preparation of the annual sanitation district tax roll, which
          ensures sewer service charge payments for Fiscal Year 2002-03 will be collected along with
          property taxes in the same manner they were during Fiscal Year 2001-02. Collecting sewer fees
          through tax roll avoids what would be a costly billing process for the County. Sanitation and sewer
          maintenance districts provide sewer services for 33,248 customers. Fiscal Year 2002-03 annual
          sewer service charges remain the same as those collected for FY 2001-02 except for the Julian
          Sanitation District, which had Board approval on April 24, 2002 (SAN 1), of a 5% increase for FY
          2002-03.

          This is a request to conduct a public hearing on individual sanitation district tax roll reports, and to
          adopt resolutions approving collection of sewer service charges on the tax rolls, as authorized by
          the Uniform Sewer Ordinance, for Alpine, Julian, Lakeside, Pine Valley, Spring Valley Sanitation
          Districts, and the Winter Gardens Sewer Maintenance District. Also requested is approval to
          collect payments on the tax roll from a reimbursement-property lien agreement for Lakeside
          Sanitation District, as authorized by the Uniform Sewer Ordinance.

          FISCAL IMPACT:
          This action is consistent with Fiscal Year 2002-03 proposed sanitation and sewer maintenance
          district budgets. Funding sources are annual sewer service charges. Approval of this request will
          result in no annual costs or additional staff years. There will be no impact to the General Fund as a
          result of this action.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1.   Conduct a public hearing to consider all objections and protests to tax roll reports for each
               sanitation district and sewer maintenance district, on file with the Clerk of the Board of
               Supervisors.

          2.      Following the Public Hearing:

               a. Acting as the Board of Directors, adopt the following Resolutions:

                  Resolutions of Alpine, Julian, Pine Valley and Spring Valley Sanitation Districts Sewer
                  Service Charges for Fiscal Year 2002-03 to be Collected on the Tax Roll.


                  Resolution of Lakeside Sanitation District Sewer Service Charges and Reimbursement-
                  Property Lien Payments for Fiscal Year 2002-03 to be Collected on the Tax Roll.

               b. Acting as the Board of Supervisors, adopt a Resolution entitled Resolution Authorizing
                  Collection of Sewer Service Charges for Fiscal Year 2002-03 to be Collected on the Tax
                  Roll for Winter Gardens Sewer Maintenance District.

7/24/02                                                                                                    11
          (Relates to Sanitation District Agenda Item No. 1)

          ACTION:
          ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board of Supervisors
          closed the Hearing and took action as recommended, on Consent, and adopting Resolution No.
          02-254, entitled: RESOLUTION AUTHORIZING COLLECTION OF SEWER SERVICE
          CHARGES FOR FISCAL YEAR 2002-03 TO BE COLLECTED ON THE TAX ROLL FOR
          WINTER GARDENS SEWER MAINTENANCE DISTRICT.

          AYES: Cox, Jacob, Slater, Roberts, Horn



5.        SUBJECT:         NOTICED PUBLIC HEARING:
                           HEARING TO CONFIRM FISCAL YEAR 2002-03 LEVIES FOR
                           VARIOUS PERMANENT ROAD DIVISION ZONES AND COUNTY
                           SERVICE AREAS AND THEIR ZONES
                           (DISTRICT: ALL)

          OVERVIEW:
          A public hearing is required annually to confirm and adopt levies for Permanent Road Division
          Zones and County Service Areas and their zones prior to placing them on the tax roll. Article
          XIIID of the State Constitution (Proposition 218), approved by California voters in November
          1996, determines how these districts set maximum rates, dependent upon whether they are
          categorized as an assessment, fee or charge or a special tax. The levies described in this letter
          reflect no increases, except those previously approved by Special District voters.

          Forty-nine (49) Permanent Road Division Zones will levy assessments for Fiscal Year 2002-03
          within their approved range. Fourteen (14) County Service Areas and their zones will levy
          assessments within their approved range. These include:

          Two Park County Service Areas (No. 26 – Rancho San Diego and No. 128 – San Miguel), will levy
          a fee or charge, are not increasing their levy maximum and therefore did not need to ballot. San
          Dieguito Local Parks District No. 83 - Zone A, will levy a fee or charge within their voter approved
          maximum rate.



          County Service Area No. 135 – 800 MHz Communications and most of its zones will not levy, with
          the exception of Zones B – Del Mar, H – Solana Beach, and F – Poway, all of which received 1998
          voter approval and, therefore, will levy a special tax.

          Fire Protection District County Service Areas No. 107 – Elfin Forest, No. 113 – San Pasqual and
          No. 109 – Mt. Laguna will levy under their voter approved maximum rate, as will County Service
          Areas No. 17 – San Dieguito Emergency Medical Services and No. 69 – Heartland Paramedic
          Services.

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       Three districts providing varied miscellaneous services will levy. They are: County Service Areas
       No. 26A – Cottonwood Village; No. 26B – Monte Vista; and No. 136 – Sundance Detention Basin.

       This is a request to adopt resolutions confirming levies for various Special Districts. Upon
       adoption, these assessments will be placed on the tax roll, so that Special District members can pay
       through their property tax bills.

       FISCAL IMPACT:
       Funds for this proposal are budgeted. These levies are consistent with the revenues shown in the
       proposed budgets for the Permanent Road Division Zones and County Service Areas and their
       zones. The proposed budgets were approved by the Board during the Fiscal Year 2002-03 budget
       deliberations and are anticipated to be adopted by the Board by June 28, 2002. If approved, these
       requests will result in no additional current year cost, no annual cost, and will require no additional
       staff years.

       RECOMMENDATION:
       CHIEF ADMINISTRATIVE OFFICER
       1. Find, in accordance with Section 15061(b)(3) of California Environmental Quality Act (CEQA)
          Guidelines, it can be seen with certainty there is no possibility the activity in question may have
          a significant effect on the environment.

       2. Adopt a Resolution entitled Resolution of the Board of Supervisors Acting as the Governing
          Body of San Diego Countywide Permanent Road Division No. 1000 Zones Adopting
          Assessments and Confirming Reports Re: Levies to be Collected on the Tax Roll for Fiscal
          Year 2002-03.

       3. Adopt a Resolution entitled Resolution of the Board of Supervisors Acting as the Governing
          Body of County Service Areas Adopting Assessments and Confirming Reports Re: Levies to
          be Collected on the Tax Roll for Fiscal Year 2002-03.

       4. Adopt a Resolution entitled Resolution of the Board of Supervisors Acting as the Governing
          Body of County Service Area No. 26 – Rancho San Diego Local Park District, County Service
          Area No. 128 – San Miguel Local Park District, and County Service Area No. 83, Zone A –
          San Dieguito Local Park District Adopting Charges and Confirming Reports Re: Levies to be
          Collected on the Tax Roll for Fiscal Year 2002-03.




       5. Adopt a Resolution entitled Resolution of the Board of Supervisors Acting as the Governing
          Body of County Service Area No. 135, Zones B – Del Mar, H – Solana Beach, and F – Poway
          Adopting Levies and Confirming Reports Re: Special Taxes to be Collected on the Tax Roll
          for Fiscal Year 2002-03.

        6. Adopt a Resolution entitled Resolution of the Board of Supervisors Acting as the Governing
           Body of County Service Area No. 107 – Elfin Forest, County Service Area No. 113 – San
           Pasqual, and County Service Area No. 109 – Mt. Laguna Adopting Levies and Confirming
           Reports Re: Special Taxes to be Collected on the Tax Roll for Fiscal Year 2002-03.
7/24/02                                                                                        13
          7. Adopt a Resolution entitled Resolution of the Board of Supervisors Acting as the Governing
             Body of County Service Area No. 17 – San Dieguito Emergency Medical Services and County
             Service Area No. 69 – Heartland Paramedic Services Adopting Levies and Confirming Reports
             Re: Special Taxes to be Collected on the Tax Roll for Fiscal Year 2002-03.

          ACTION:
          ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board of Supervisors
          closed the Hearing and took action as recommended, on Consent, adopting the following
          Resolutions:

          No. 02-255, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS
          THE GOVERNING BODY OF SAN DIEGO COUNTYWIDE PERMANENT ROAD
          DIVISION NO. 1000 ZONES ADOPTING ASSESSMENTS AND CONFIRMING REPORTS
          RE: LEVIES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2002-03;

          No. 02-256, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS
          THE GOVERNING BODY OF COUNTY SERVICE AREAS ADOPTING ASSESSMENTS
          AND CONFIRMING REPORTS REGARDING LEVIES TO BE COLLECTED ON THE TAX
          ROLL FOR FISCAL YEAR 2002-03;

          No. 02-257, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS
          THE GOVERNING BODY OF COUNTY SERVICE AREA NO. 26 – RANCHO SAN DIEGO
          LOCAL PARK DISTRICT, COUNTY SERVICE AREA NO. 128 – SAN MIGUEL LOCAL
          PARK DISTRICT, AND COUNTY SERVICE AREA NO. 83, ZONE A – SAN DIEGUITO
          LOCAL PARK DISTRICT ADOPTING CHARGES AND CONFIRMING REPORTS RE:
          LEVIES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2002-03;

          No. 02-258, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS
          THE GOVERNING BODY OF COUNTY SERVICE AREA NO. 135, ZONES B – DEL MAR,
          H – SOLANA BEACH, AND F – POWAY ADOPTING LEVIES AND CONFIRMING
          REPORTS RE: SPECIAL TAXES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL
          YEAR 2002-03,



          No. 02-259, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE
          GOVERNING BODY OF COUNTY SERVICE AREA NO. 107 – ELFIN FOREST, COUNTY
          SERVICE AREA NO. 113 – SAN PASQUAL, AND COUNTY SERVICE AREA NO. 109 –
          MT. LAGUNA ADOPTING LEVIES AND CONFIRMING REPORTS RE: SPECIAL
          TAXES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2002-03; and

          No. 02-260, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS
          THE GOVERNING BODY OF COUNTY SERVICE AREA NO. 17 – SAN DIEGUITO
          EMERGENCY MEDICAL SERVICES AND COUNTY SERVICE AREA NO. 69 –
          HEARTLAND PARAMEDIC SERVICES ADOPTING LEVIES AND CONFIRMING
          REPORTS RE: SPECIAL TAXES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL
7/24/02                                                                                         14
          YEAR 2002-03.


          AYES: Cox, Jacob, Slater, Roberts, Horn



6.        SUBJECT:         NOTICED PUBLIC HEARING:
                           CONFIRMATION OF ASSESSMENTS IN THE SAN DIEGO COUNTY
                           STREET LIGHTING DISTRICT (DISTRICT: ALL)

          OVERVIEW:
          The San Diego County Street Lighting District was formed by the Board of Supervisors on
          September 30, 1987 (3), under the Landscape and Lighting Act of 1972, as a replacement for the
          Lighting Maintenance Districts. The District operates and maintains more than 8,700 public street
          lights throughout the unincorporated area of the County and is dedicated to providing quality street
          light service while maintaining the lowest cost to property owners. Funding for the District is
          through a portion of the one-percent property tax and through assessments charged to properties
          that benefit from the lights. The proposed assessment rate for Fiscal Year 2002-03 is $2.50 per
          single family home per year, which has remained unchanged since 1990 and is the lowest street
          lighting rate in the San Diego region.

          Assessments are confirmed by the Board at an annual public hearing. The Board approved the
          Engineer’s Report for the District on June 19, 2002 (6) and set July 24, 2002 as the date for the
          public hearing. The action today is to adopt a resolution confirming the assessments at the close of
          the hearing.

          FISCAL IMPACT:
          Funds for this proposal are budgeted in the San Diego County Street Lighting District. If approved,
          this request will result in no additional current year cost, no annual cost and require no additional
          staff years.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          At close of the public hearing, adopt a Resolution entitled Resolution Confirming Diagram and
          Assessments in the San Diego County Street Lighting District.

          ACTION:
          ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board of Supervisors
          closed the Hearing and took action as recommended, on Consent; adopting Resolution: No. 02-
          261, entitled: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENTS IN THE
          SAN DIEGO COUNTY STREET LIGHTING DISTRICT.

          AYES: Cox, Jacob, Slater, Roberts, Horn




7/24/02                                                                                                 15
7.        SUBJECT:         APPROVE AND AUTHORIZE TWO REQUESTS TO USE A
                           TOTAL OF 21.12 ACRES OF THE COUNTY’S FIVE PERCENT
                           COASTAL SAGE SCRUB LOSS ALLOTMENT BY THE CITIES
                           OF CARLSBAD AND SAN MARCOS AND REPEAL OF BOARD
                           POLICY I-122 (DISTRICT: ALL)
                           (CARRYOVER FROM 6/19/02, AGENDA NO. 22)

          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 actively developing a Natural Communities Conservation Plan, such as
          the County’s Multiple Species Conservation Program. As conservation plans are approved in
          each jurisdiction, which provide for coverage of species subject to the Endangered Species Act,
          the five percent limit no longer applies. The 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 per Board Policy I-122.

          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 know what will be required of them by the County in
          advance of starting the approval process for the five percent allowance.

          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 three of these requests in the past and there are six requests
          pending, two of which meet the requirements for Board Policy I-122.

          There has been an increase in the number of requests under Board Policy I-122 from developers
          proposing projects within cities in the northern portion of the County. Continued approval of
          these requests for the use of the County’s five percent loss allotment may have adverse effects
          on the County. Firstly, it threatens the County’s ability to obtain coverage needed by property
          owners for listed species in the unincorporated area under the North County Subarea Plan of the

7/24/02                                                                                           16
          Multiple Species Conservation Program. Development approvals within adjacent cities may
          detrimentally affect linkages and corridors in the unincorporated area. This problem is
          exacerbated by city proposals to annex for development relatively large blocks of
          unincorporated habitat containing sensitive biological resources. This has further potential
          impacts to the North County Subarea Plan. Secondly, this policy was intended to serve as a
          short-term interim measure to allow incorporated cities to approve development while they
          complete their own Habitat Conservation Plans. The five percent limit is eliminated when such
          plans are completed. As long as the policy is in place, the cities have less incentive to complete
          their plans though they have used all of their five percent take allotment. Thirdly, as the
          incorporated cities develop, they are pushing the mitigation into the County. The proposal by
          the incorporated cities and SANDAG to preserve land in the unincorporated area as mitigation
          for the Multiple Habitat Conservation Program is symptomatic of the problem. Fourthly,
          though there appears to be a sufficient amount of the five percent Coastal sage scrub allotment
          remaining in the unincorporated area, it is dwindling as development occurs in the Cities for
          which it is used. Upon the completion of the Multiple Habitat Conservation Program plan by
          the Cities this concern will be alleviated.

          This is a recommendation that the Board of Supervisors approve and authorize two current
          requests for use of the County’s five percent Coastal sage scrub loss allotment that meet the
          requirements of Board Policy I-122. These requests have been undergoing processing and
          review by County staff. Secondly, staff recommends the repeal of Board Policy I-122, thereby
          no longer allowing the use of the County’s five percent Coastal sage scrub loss allotment by
          other jurisdictions.

          FISCAL IMPACT:
          Funds for this request are not budgeted. Based on the final decisions from the two cities the
          County could receive up to a total of $1,584,000 for the acquisitions, management and
          monitoring of habitat lands. Depending on the decision from the two cities, there are two
          possible scenarios:

             a) If approved, the County will receive up to a total of $316,800 ($48,000 from the City of
                Carlsbad and $268,800 from the City of San Marcos). These funds will be placed in a
                trust account, for the management and monitoring of the lands to be purchased or
                transferred to the County of San Diego, and


             b) In addition, if approved, the County will receive up to a maximum total of $1,267,200
                ($192,000 from the City of Carlsbad and $1,075,200 from the City of San Marcos) for
                the future purchase of habitat land. These monies will be appropriated in the Capital
                Outlay Fund for Capital Project KA9500, based on an appropriation in the
                Contributions to Capital Outlay.

          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
7/24/02                                                                                              17
               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
               Conservation Purposes.)

          2.   Approve and authorize the request of use of 3.2 acres of the County’s five percent
               allowable loss of Coastal sage scrub by the City of Carlsbad for the development known
               as Palomar Forum. Concurrently, approve and authorize the Director of the Department
               of Planning and Land Use to notify the City of Carlsbad and the Wildlife Agencies
               (U.S. Fish and Wildlife Service and the California Department of Fish and Game) that
               3.2 acres of Coastal sage scrub habitat will be deducted from the County’s five percent
               Coastal sage scrub habitat loss allowance when one of the following methods of
               compensation occurs:

               a.     The transfer of at least 3.2 acres of land in fee title to the County of San Diego
                      that is acceptable to the Directors of the Departments of Planning and Land Use
                      and Parks and Recreation, with authorization to the Auditor and Controller to
                      establish a trust account in the amount of $48,000, based on funding to be
                      received from the City of Carlsbad, for management and monitoring of the land
                      to County conservation standards;

                      OR,

               b.     The receipt of funds in the amount of $192,000 from the City of Carlsbad for
                      land acquisition:

                        1)    Authorize the establishment of appropriations in the amount of
                              $192,000 in the Contributions to Capital Outlay Fund based upon receipt
                              of funds from the City of Carlsbad for the future purchase of habitat
                              land. (4 VOTES)

                        2)    Authorize the establishment of appropriations in the amount of
                              $192,000 in the Capital Outlay Fund, KA9500, based on operating
                              transfer from the General Fund. (4 VOTES)

                        3)    Authorize the A&C to establish a trust account in the amount of $48,000
                              based on additional funds to be received from the City of Carlsbad, for
                              management and monitoring of the purchased land to County
                              conservation standards.

          3.   Approve and authorize the use of 17.92 acres of the County’s five percent allowable
               loss of Coastal sage scrub by the City of San Marcos for the development on Borden
               Road known as Malizia. 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
7/24/02                                                                                      18
                 Game) that 17.92 acres of Coastal sage scrub habitat will be deducted from the
                 County’s five percent Coastal sage scrub habitat loss allowance when one of the
                 following methods of compensation occurs:


                 a.     The transfer of at least 17.92 acres of land in fee title to the County of San
                        Diego that is acceptable to the Directors of the Departments of Planning and
                        Land Use and Parks and Recreation, with authorization to the Auditor and
                        Controller to establish a trust account in the amount of $268,800, based on
                        funding to be received from the City of San Marcos, for management and
                        monitoring of the land to County conservation standards;

                       OR,

                 b.     The receipt of funds in the amount of $1,075,200 from the City of San Marcos
                        for land acquisition:

                       1)      Authorize the establishment of appropriations in the amount of
                              $1,075,200 in the Contributions to Capital Outlay Fund based upon
                              receipt of funds from the City of San Marcos for the future purchase of
                              habitat land. (4 VOTES)

                       2)         Authorize the establishment of appropriations in the amount of
                              $1,075,200 in the Capital Outlay Fund, KA9500, based on operating
                              transfer from the General Fund. (4 VOTES)

                       3)    Authorize the A&C to establish a trust account in the amount of $268,800
                              based on additional funds to be received from the City of San Marcos, for
                              management and monitoring of the purchased land to County
                              conservation standards.

          4.     Repeal Board Policy I-122, Use of the County’s 5 Percent Allowable Loss of Coastal
                 Sage Scrub by Other Jurisdictions or Property Owners.



          ACTION:
          ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board of Supervisors
          took action as recommended on Recommendation Nos. 1 and 2 and directed the Chief
          Administrative Officer to establish dialogue with families of Pete and Karel de Jong and
          Klaas De Haan; regarding Recommendation Nos. 3 and 4, the Board of Supervisors
          continued those two recommendations to August 14, 2002, at the request of the Chief
          Administrative Officer.

          AYES: Cox, Jacob, Slater, Roberts, Horn


7/24/02                                                                                         19
8.        SUBJECT:           AGREEMENTS BETWEEN THE COUNTY OF SAN DIEGO AND
                             BORREGO SPRINGS AND ALPINE FIRE PROTECTION
                             DISTRICTS (DISTRICTS: 2, 5)

          OVERVIEW:
          Each year the County processes various parcel charges for placement on the tax roll for County
          special districts and for various cities and independent districts. The Borrego Springs and
          Alpine Fire Protections Districts have requested this service to process their existing fire
          protection charges.

          This is a request to approve agreements to formalize the terms of providing this service. Once
          the agreements are in place, the County will provide this service for the districts on an ongoing,
          annual basis.

          FISCAL IMPACT:
          This request will have no fiscal impact. Funds for processing fire protection charges are
          budgeted in individual Fire Protection District budgets. Costs to process fire protection charges
          are approximately $1,000 annually. If approved this request will result in no current year or
          subsequent year cost and will require no additional staff years.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER:
          1.   Find, in accordance with Section 15061(b)(1) of California Environmental Quality Act
               (CEQA) Guidelines, that this action is exempt from CEQA because it is not a project as
               defined in Section 15378(b)(4).

          2.     Approve and authorize the Clerk of the Board to execute three originals of an
                 Agreement Between County of San Diego and Borrego Springs Fire Protection District
                 for processing fire protection charges for placement on the tax roll.

          3.     Approve and authorize the Clerk of the Board to execute three originals of an
                 Agreement Between County of San Diego and Alpine Fire Protection District for
                 processing fire protection charges for placement on the tax roll.

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

          AYES: Cox, Jacob, Slater, Roberts, Horn



9.        SUBJECT:           MCCLELLAN-PALOMAR AIRPORT – NINTH AMENDMENT
                             TO AVIATION LEASE WITH WESTERN FLIGHT, INC.,
                             EMPLOYEE STOCK OWNERSHIP TRUST (DISTRICT: 5)
7/24/02                                                                   20
          OVERVIEW:
          McClellan-Palomar Airport is located on the north side of Palomar Airport Road and the west
          side of El Camino Real in the City of Carlsbad. Palomar is the busiest airport in San Diego
          County. On August 14, 1973 (68), the Board approved a thirty-year aviation lease with North
          County Aviation, Inc. for 6.36 acres at McClellan-Palomar Airport. On February 7, 2001, the
          lease was assigned to Western Flight, Inc., Employee Stock Ownership Trust. Western Flight
          Inc., Employees Stock Ownership Trust is a full-service Fixed Base Operator with multiple jets
          available for charter flights.

          This is a request to approve the Ninth Amendment to Aviation Lease with Western Flight, Inc.,
          Employee Stock Ownership Trust that will increase the monthly rent, and add a stormwater
          provisions clause.

          FISCAL IMPACT:
          Funding source is the Airport Enterprise Fund. If approved, this request will result in a current
          year lease revenue increase of $11,427 plus previous Fiscal Years (1998-99, 1999-00, 2000-01
          and 2001-02) lease revenue increases totaling $16,259. It will result in approximately
          $102,481 in future annual revenue, and will require no additional staff years.

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

          2.     Approve and authorize the Clerk of the Board to execute, upon receipt, three copies
                 of the Ninth Amendment to Aviation Lease with Western Flight, Inc., Employee
                 Stock Ownership Trust retroactively effective August 16, 1998. (4 VOTES)




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

          AYES: Cox, Jacob, Slater, Roberts, Horn



10.       SUBJECT:           MCCLELLAN-PALOMAR AIRPORT – FIFTH AMENDMENT
                             TO AVIATION LEASE WITH OCEAN AIR CHARTERS, INC.
                             (DISTRICT: 5)

          OVERVIEW:

7/24/02                                                                                             21
          McClellan-Palomar Airport is located on the north side of Palomar Airport Road and the west
          side of El Camino Real in the City of Carlsbad. McClellan-Palomar is the busiest airport in San
          Diego County. On December 10, 1985 (55), the Board approved a 25 year four-month aviation
          lease with Palomar Airport Properties for 2.48 acres of land at McClellan-Palomar Airport. On
          June 7, 1990, the lease was assigned to Ocean Air Charters, Inc. Ocean Air Charters keeps a jet
          on site and subleases its remaining area to aviation related businesses. It also sells jet fuel to its
          sublessees, but offers no charter, maintenance or repair services.

          This is a request to approve the Fifth Amendment to Aviation Revenue Lease with Ocean Air
          Charters that will increase the monthly rent, adjust premises clauses to reflect a recent land
          survey, and add stormwater provisions.

          FISCAL IMPACT:
          Funding source is revenue lease. If approved, this request will result in current year lease
          revenue increase of $12,370 plus lease revenue increases of $12,126 for FY 2001-02, and
          $3,011 for FY 2000-01. It will result in approximately $45,031 in future annual revenue, and
          will require no additional staff years.

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


          2.      Approve and authorize the Clerk of the Board to execute, upon receipt, three copies of
                  the Fifth Amendment to Aviation Revenue Lease with Ocean Air Charters, Inc.         (4
                  VOTES)



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

          AYES: Cox, Jacob, Slater, Roberts, Horn



11.       SUBJECT:            RAMONA AIRPORT – AVIATION LEASE WITH CHARLES
                              AND EVELYN HALL TRUST (DISTRICT: 2)

          OVERVIEW:
          The County of San Diego operates a general aviation airport in Ramona. Ramona Airport
          provides facilities for California Department of Forestry and aviation businesses, enhancing
          public safety and providing facilities for the aviation community.
7/24/02                                                                                                 22
          Chuck Hall Aviation operates an aircraft maintenance and storage business on a 5.81-acre
          parcel at Ramona Airport. They have requested a new lease in order to increase the size of their
          current leasehold and construct new aviation facilities. The new lease could not be completed
          until a certified Environmental Impact Report for the Ramona Airport Improvement Project, as
          well as required Federal and State permits, were obtained. These conditions have been met, and
          the lease is now ready for Board approval. Proposed lease will expand existing leasehold from
          5.81 acres to 8.01 acres. Term for new aviation lease is 30 years, commencing August 1, 2002
          and terminating July 31, 2032. This is an extension of 9 years and 3 months from existing
          termination date of April 30, 2013. This is a request to enter into a new lease superseding the
          current lease approved by the Board on April 5, 1983 (54).

          FISCAL IMPACT:
          Funding source for this request is the Airport Enterprise Fund. If approved, this request will
          result in total lease revenue of $49,808 in current year, representing one month at old monthly
          rental rate of $1,133 and 11 months at new combined monthly rate of $4,425 ($2,207 rent and
          $2,218 equity). It will result in approximately $56,576 in annual revenue during first
          subsequent year, and will require no additional staff years.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER:
          1.   Find that the Final Environmental Impact Report/Environmental Assessment (EIR/EA)
               dated September 1998, on file in Department of Public Works as State Clearinghouse
               Number 98051020 has been completed in compliance with California Environmental
               Quality Act (CEQA), State and County CEQA Guidelines and National Environmental
               Policy Act (NEPA); that the decision-making body has reviewed and considered
               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
               project description include no new significant environmental impacts which were not
               considered in the previously certified EIR/EA and that all changes in 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 said EIR/EA was prepared.

          2.     Approve and authorize Clerk of the Board to execute, upon receipt, three copies of an
                 Aviation Lease with “Charles and Evelyn Hall Trust dated June 27, 1990” for a term of
                 30 years commencing August 1, 2002, at a rent of $2,207 per month, equity payment of
                 $2,218 per month for 15 years, and provisions for lessee-provided capital improvements
                 in amount of $866,205. (4 VOTES)

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

          AYES: Cox, Jacob, Slater, Roberts, Horn

7/24/02                                                                                            23
12.       SUBJECT:            AIRPORTS - ACCEPTANCE OF GIFT OF AUTOMATED
                              WEATHER OBSERVATION SERVICE FROM BELL
                              CHARITABLE FOUNDATION (DISTRICT: 5)

          OVERVIEW:
          County Airports has been offered a gift of an Automated Weather Observation Service by the
          Bell Charitable Foundation. Airports will install the unit at Fallbrook Community Airpark.
          Estimated cost for installation is $20,000 and would be paid by the Airport Enterprise fund and
          State Annual Grant monies. This equipment, worth approximately $20,000, is a navigational
          aide designed to gather atmospheric data, process it and broadcast resulting weather information
          over a radio frequency to pilots. This information will assist pilots in the decisions they make as
          to their flight path, landing decisions and take-off decisions.

          County Administrative Code Section 66 permits acceptance of gifts by the administrative head
          of each County department, subject to ratification by the Board of Supervisors. This is a request
          to ratify acceptance of an Automated Weather Observation Service.

          FISCAL IMPACT:
          Funding for costs related to this proposal are included in the Airports Enterprise Fund Spending
          Plan. Funding sources are Airport Enterprise Fund ($10K) and State Annual Grant ($10K)
          monies. Installation is estimated at $20,000 in the current year, and will not require additional
          staff years. On going maintenance costs are estimated at $10,000 annually. There are no costs to
          the County General Fund associated with the acceptance of this donation.



          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER:
          1.   Find pursuant to Section 15060(c)(3) of State California Environmental Quality Act
               (CEQA) Guidelines, acceptance of the Automated Weather Observation Service is not
               subject to the environmental review process, because this action is not a project as
               defined in Section 15378 (a).

          2.      In accordance with Administrative Code Section 66, ratify acceptance of the gift of
                  Automated Weather Observation Service from Bell Charitable Foundation.

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

          AYES: Cox, Jacob, Slater, Roberts, Horn




7/24/02                                                                                               24
13.       SUBJECT:           GRANT APPLICATION TO STATE ENERGY RESOURCES
                             CONSERVATION AND DEVELOPMENT COMMISSION
                             (ENERGY COMMISSION) FOR TRAFFIC SIGNALS
                             (DISTRICTS: 1, 2 AND 5)

          OVERVIEW:
          The County of San Diego installed battery backup systems for all county maintained traffic
          signals between May 11 and September 21, 2001. These systems were installed to allow the
          motoring public to safely travel through signalized intersections during power outages. The
          health and safety of the public has been enhanced because the traffic signals have continued to
          operate during power outages. In September 2001, Governor Davis signed Senate Bill X2 84.
          Under this bill, the State Energy Resources Conservation and Development Commission
          (Energy Commission) is authorized to provide grants to cities and counties to partially offset
          cost incurred in installing battery backup systems used in conjunction with light emitting diode
          traffic signals. The County of San Diego is eligible for this grant funding, which would
          reimburse the Road Fund for expenditures made to install the battery backup systems.

          This is a request to adopt a Resolution authorizing the Department of Public Works to apply for
          grant funding for battery backup systems for traffic signals with light emitting diodes. If the
          grant application is successful, it will result in additional revenue of up to $134,400, which
          would be used to partially offset Road Fund expenditures previously made for battery backup
          systems.

          FISCAL IMPACT:
          This action to approve grant applications would have no effect on the Department of Public
          Works proposed Operational Plan. Funding source is a grant from the State Energy Resources
          Conservation and Development Commission (Energy Commission). If the grant is awarded, the
          Department Road Fund will receive up to $134,400 in unanticipated revenue. Requested
          actions will result in no annual cost or requirement of additional staff years.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that, pursuant to Section 15061(b)(1) of the State California Environmental Quality
             Act (CEQA) Guidelines, the resolution to apply for funding from the California Energy
             Commission is not subject to the environmental review process, because this action is not a
             project as defined in section 15378 (a).

          2. Adopt a resolution entitled Resolution of the Board of Supervisors Authorizing the
             Department of Public Works to Apply for Funding from the California Energy Commission
             for Battery Backup Systems Operating with Light Emitting Diode Traffic Signals.

          3. Approve and authorize the Director, Department of Public Works, or his designee, to file
             and execute all necessary documents for and on behalf of the County of San Diego in
             conjunction with this grant application, including acceptance of any State funding
             commitment up to $134,400.

          ACTION:
7/24/02                                                                                            25
          ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board of Supervisors
          took action as recommended, on Consent, and adopting Resolution: No. 02-262, entitled:
          RESOLUTION OF SAN DIEGO COUNTY AUTHORIZING THE DEPARTMENT OF
          PUBLIC WORKS TO APPLY FOR FUNDING FROM THE CALIFORNIA ENERGY
          COMMISSION FOR BATTERY BACKUP SYSTEM OPERATING WITH LIGHT
          EMITTING DIODE TRAFFIC SIGNALS.

          AYES: Cox, Jacob, Slater, Roberts, Horn


14.       SUBJECT:         REQUEST TO CLOSE CALAVO DRIVE AT AVOCADO
                           BOULEVARD TO WESTBOUND TRAFFIC (DISTRICT: 2)

          OVERVIEW:
          In Fall 1999, Department of Public Works staff began working with residents living along
          Calavo Drive between Avocado Boulevard and Fuerte Drive just east of Mount Helix.
          These residents were concerned about excessive speed of motorists, a large number of
          westbound motorists who used Calavo Drive as a shortcut from Avocado Boulevard to
          Fuerte Drive, and not being able to safely exit their driveways. After considering several
          alternatives, a majority of the residents signed a petition in February 2001 stating they
          supported establishing a six-month temporary closure of Calavo Drive to westbound traffic
          at Avocado Boulevard.

          On July 13, 2001, the Department of Public Works installed a temporary barricade to restrict
          westbound access onto Calavo Drive at Avocado Boulevard. On December 7, 2001, the
          Department of Public Works received another petition from residents stating the temporary
          barricade has been successful in preventing “cut-through” traffic with minimal inconvenience
          to residents and requesting permanent closure of Calavo Drive at Avocado Boulevard to
          westbound traffic.

          Placement of the temporary barrier was permissible under authority of the Road
          Commissioner. In order for the Calavo Drive barrier to be permanently installed, Board
          approval is required as outlined in Section 72.76 of the San Diego County Code of Regulatory
          Ordinances. This is a request for authorization to permanently close Calavo Drive at Avocado
          Boulevard to westbound traffic.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1.   Find that the proposed project is exempt from the California Environmental Quality
               Act (CEQA) as specified under Section 15301(c) of the State CEQA Guidelines
               because the activity in question is a minor alteration of an existing roadway.

          2.     Direct the Department of Public Works to permanently close Calavo Drive at Avocado
                 Boulevard to westbound traffic, in accordance with Section 72.76 of the San Diego
                 County Code of Regulatory Ordinances.


7/24/02                                                                                        26
          ACTION:
          ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board of Supervisors
          took action as recommended, on Consent.

          AYES: Cox, Jacob, Slater, Roberts, Horn


15.       SUBJECT:           REIMBURSEMENT TO THE CITY OF EL CAJON FOR
                             CONSTRUCTION OF A TRAFFIC SIGNAL AT THE
                             INTERSECTION OF GREENFIELD DRIVE AND VICTOR
                             AVENUE (DISTRICT: 2)

          OVERVIEW:
          On December 8,1999 (3), the Board placed this intersection on the County’s Traffic Signal
          Priority List. The City of El Cajon has constructed a traffic signal and safety lighting system at
          the intersection of Greenfield Drive and Victor Avenue. Three fourths of the signal is within
          the boundaries of the city. The remaining one fourth is within the unincorporated County. The
          City of El Cajon, in accordance with Board Policy J-25, is requesting that the County of San
          Diego reimburse them the cost of the County of San Diego’s share, 25 percent.

          This is a request to approve payment of $23,922 (25% of $95,688.01 total costs) to the City of
          El Cajon for engineering and construction of the signal and safety lighting system.



          FISCAL IMPACT:
          Funds for this proposal are included in the proposed Department of Public Works Operational
          Plan. The proposed budgets were approved by the Board during the Fiscal Year 2002-03
          budget deliberations and are anticipated to be formally adopted by the Board by July 30, 2002.
          The funding source is Gas Tax. If approved, the recommended action will result in $23,922
          current year cost, no future year cost, and will not require additional staff years.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that pursuant to Section 15061(b)(3) of the State California Environmental Quality
             Act (CEQA) Guidelines, that the approval to reimburse the City of El Cajon for partial
             funding of traffic signal installation and safety lighting is not subject to the environmental
             review process, because it can be seen with certainty that there is no possibility that this
             activity may have a significant effect on the environment.

          2. Authorize and approve payment of $23,922 to the City of El Cajon for the County of San
             Diego’s share of the cost for traffic signal installation and safety lighting system at the
             intersection of Greenfield Drive and Victor Avenue from budgeted funds for Traffic
             Signals in the Department of Public Works Detailed Work Program.

7/24/02                                                                                              27
          ACTION:
          ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board of Supervisors
          took action as recommended, on Consent.

          AYES: Cox, Jacob, Slater, Roberts, Horn

16.       SUBJECT:          AGREEMENT WITH RDH CHEMICAL COMPANY FOR
                            CONSTRUCTION OF FLOOD CONTROL FACILITIES IN
                            SPRING VALLEY (DISTRICT: 2)

          OVERVIEW:
          RDH Chemical Company is developing a subdivision consisting of 14 individual lots, and 1
          open space lot, with a total of 16.61 acres. It is located in the Spring Valley area, on the east
          corner of the intersection of Jamacha Boulevard and Sweetwater Springs Boulevard. (Thomas
          Guide, Page 1291, F-1, 2002 Edition). On September 12, 2001 (12), the Board approved the
          Final Map and the secured agreement for the public and private improvements for this project
          (TM 5170-1).

          This is a request to approve an agreement between the San Diego Flood Control District and
          RDH Chemical Company for design and construction of master planned drainage facilities.
          The agreement is pursuant to the County’s Drainage Fee Ordinance, and provides
          reimbursement to Developer for Flood Control District’s share of design and construction of
          on-site and off-site flood control facilities.

          FISCAL IMPACT:
          Funds for the drainage improvements in the amount of $1,117,985 are not budgeted in the San
          Diego County Flood Control District Fund. Funding source for establishment of
          appropriations is unanticipated revenue from special drainage area fees paid by developers. Of
          this amount, $617,342 is the estimated total cost for off-site improvements and $500,643 for
          on-site improvements. If approved, this request will result in a current year cost of $1,117,985,
          which represents the County’s portion of the cost of the improvements. This request will result
          in no subsequent year cost, and will require no additional staff years.

          Per Board Policy I-53, the Road Fund must share in the costs of construction of flood control
          and drainage facilities within Road Rights-of-Way. The Road Fund share is estimated to be
          $180,000, however actual costs will not be known until construction is complete. Once final
          costs are incurred, the Department will initiate actions necessary for Road Fund to reimburse
          the Flood Control District.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the environmental impact of the work encompassed in the agreement has been
             evaluated in the Negative Declaration for TM 5170-1, Log No. 99-19-007.

          2. Establish appropriations of $1,117,985 in the Flood Control District, Contract Services, for
7/24/02                                                                                           28
             the design and construction of master planned drainage facilities, based on revenue from
             Special Drainage Area fees. (4 VOTES)

          3. Approve and authorize the Clerk of the Board of Supervisors to execute, upon receipt, the
             Agreement between the San Diego County Flood Control District and RDH Chemical
             Company, for reimbursement to the Developer of the County’s fair share of costs, in
             accordance with the County Drainage Fee Ordinance.

          (Relates to Flood Control District Agenda Item No. 1)

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

          AYES: Cox, Jacob, Slater, Roberts, Horn




17.       SUBJECT:          AGREEMENTS WITH THREE CONSULTANT FIRMS TO
                            PROVIDE CAPITAL IMPROVEMENT PROGRAM
                            CONSTRUCTION INSPECTION SERVICES ON AN AS-NEEDED
                            BASIS (DISTRICT: ALL)

          OVERVIEW:
          The Department of Public Works has need for consultant services on an as-needed basis to
          provide construction inspection services during intermittent peak workload periods for various
          projects. Construction inspection must be conducted by qualified engineers with an
          understanding of construction standards, plans, specifications and knowledge of stormwater
          Best Management Practices. Using private consultants on an as-needed basis will enhance the
          Department’s ability to adequately inspect projects during peak times and to complete projects
          in a timely manner.

          Public agencies in California must use a Qualifications Based Selection method to contract for
          consultant services. This method requires such services be engaged on the basis of
          demonstrated competence and qualifications for types of services to be performed at a fair and
          reasonable cost. Board Policy F-40 (Procuring Architectural, Engineering and Related
          Professional Services) describes the County’s method for Qualifications Based Selection. In
          accordance with provisions of the policy, ten consultant firms from the Joint County/City of
          San Diego list for Construction Administrative Services – Inspection were interviewed. Simon
          Wong Engineering, Inc. of San Diego, T. Y. Lin International, Inc. of San Diego, and
          CALTROP Engineering Corp. of Upland were selected for this procurement as the most
          qualified firms to perform required services.

7/24/02                                                                                          29
          This is a request to approve an agreement with these firms to provide as-needed construction
          inspection services for compensation not to exceed $250,000 each, with a term ending July 23,
          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:
          Funds for this request are in the proposed Department of Public Works Detailed Work
          Program. The proposed budgets were approved by the Board during the Fiscal Year 2002-03
          budget deliberations and are anticipated to be formally adopted by the Board by July 30, 2002.
          Funding source is indicated as TransNet; all non-TransNet projects undertaken under these
          agreements will be reimbursed from appropriate funding sources. If approved, this request will
          result in $750,000 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 15061 (b)(1) of the State CEQA Guidelines, because it
             is not a project as defined by Section 15378.

          2. Find, pursuant to County Charter Section 916 that the Board of Supervisors has
             determined that the proposed services can be provided more economically and efficiently
             by the proposed independent contractors than by persons in the Classified Service based on
             Chief Administrative Officer determination of economy and efficiency per Charter Section
             703.10.

          3. Approve and authorize the Clerk of the Board to execute, upon receipt, three originals of
             agreements with the following firms to provide construction inspection services on an as-
             needed basis for compensation not to exceed $250,000. Agreement to terminate July 23,
             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. Simon Wong Engineering, Inc.
             b. T. Y. Lin International, Inc.,
             c. CALTROP Engineering Corp.

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

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

7/24/02                                                                                             30
          AYES: Cox, Jacob, Slater, Roberts, Horn


18.       SUBJECT:          CONSULTANT AGREEMENTS TO PROVIDE PRIVATE
                            DEVELOPMENT CONSTRUCTION INSPECTION 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 inspection services for 1) private subdivision and development permit projects and 2)
          watercourse permits and inspections for the Private Development Construction Inspection
          section. Inspections must be conducted by qualified inspectors/engineers with an
          understanding of construction standards, plans, specifications and knowledge of stormwater
          codes and Best Management Practices and the County’s Watercourse Ordinance. Use of
          consultants will enhance the Department’s ability to adequately inspect projects during peak
          times to ensure timely inspections.

          Public agencies in California must use a Qualifications Based Selection method to contract for
          consultant services. This method requires such services be engaged on basis of demonstrated
          competence and qualifications for types of services to be performed at a fair and reasonable
          cost. Board Policy F-40 (Procuring Architectural, Engineering and Related Professional
          Services) describes the County’s method for Qualifications Based Selection. In accordance
          with provisions of the policy, ten consultant firms from the joint County/City of San Diego list
          for Construction Inspection Services were interviewed. Harris & Associates and Tetra Tech,
          Inc. of San Diego were selected as the most qualified firms to perform required services.

          This is a request to approve agreements with these firms to provide as-needed inspection
          services for fees not to exceed $250,000 each, with a term ending July 23, 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 a mutually
          agreed upon fair and reasonable rates.

          FISCAL IMPACT:
          Funds for this request are from budgeted Flood Control monies and developer paid inspection
          deposits. The proposed budgets were approved by the Board during the Fiscal Year 2002-03
          budget deliberations and are anticipated to be formally adopted by the Board by July 30, 2002.
          Each funding source will contribute up to $250,000. If approved, this request will result in
          $500,000 current year costs, no annual cost, and will require no additional staff years.

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


7/24/02                                                                                            31
          2. Find, pursuant to County Charter Section 916, the Board of Supervisors has determined
             proposed services can be provided more economically and efficiently by independent
             contractors than by persons in the Classified Service based on Chief Administrative
             Officer determination of economy and efficiency per Charter Section 703.10.

          3. Approve and authorize the Clerk of the Board to execute, upon receipt, three originals of
             agreements with the firms Tetra Tech, Inc. and Harris & Associates to provide
             stormwater/subdivision inspection services on an as-needed basis for compensation not to
             exceed $250,000. Agreement will terminate two-years from date of Board approval or
             when funds are exhausted or services are no longer required, whichever shall occur first,
             with option to extend termination dates 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 Horn, seconded by Supervisor Jacob, the Board of Supervisors
          took action as recommended, on Consent.

          AYES: Cox, Jacob, Slater, Roberts, Horn



19.       SUBJECT:          APPROVAL OF JOINT COMMUNITY FACILITIES
                            AGREEMENT FOR PUBLIC IMPROVEMENTS WITHIN
                            COUNTY OF SAN DIEGO TRACT NO. 5066-1 (FINAL MAP
                            13905), LOCATED IN THE SAN DIEGUITO COMMUNITY
                            PLANNING AREA (DISTRICT: 5)

          OVERVIEW:
          On December 15, 1999 (12), the Board approved the final map and secured agreements for
          improvements for County of San Diego Tract No. 5066-1 (Final Map No. 13905) Final
          map approval included conditions to complete public road, park and library improvements
          to the area known as 4S Ranch. On December 6, 2000 (2), the Board approved 4S Ranch
          Public Benefit Agreement DA 99-01, which further defined the improvements to be made.

          The Poway Unified School District and residents of 4S Ranch have initiated formation of a
          Community Facilities District to provide a mechanism for funding and administering
          facilities improvements in accordance with State law. Included are improvements to roads,
          parks and the public library. The law requires a public entity, which will take possession of
          improvements financed through the Act, to enter into a Joint Community Facilities
          Agreement with the public entity forming the Community Facilities District if such a joint
          agreement would be beneficial to the residents of that entity. The Poway Unified School
          District has requested the County of San Diego to enter into a joint community facilities
          agreement effective upon formation of the Community Facilities District.

7/24/02                                                                                          32
          This is a request to enter into a joint facilities agreement, which is a common mechanism
          used by multiple local agencies to ensure responsibility for financing, and construction of
          public facilities. This action will enable 4S Ranch to be reimbursed by the Community
          Facilities District for cost of public road, park and library improvements pursuant to the
          Mello-Roos Community Facilities Act of 1982. The County’s role in this agreement is as
          the owner and maintainer of the facilities after they are constructed by the developer. This
          project is located in the 4S Ranch area, east of Rancho Santa Fe and west of Rancho
          Bernardo. (Thomas Guide, Page 1169, F-3, 2002 Edition)

          FISCAL IMPACT:
          This request has no fiscal impact at this time. Budgets for future maintenance of specified
          facilities will be submitted during the annual County budget process. As stipulated in the
          Improvement Agreement approved by the Board on December 6, 2000, final acceptance of the
          library into the County maintained library system will be contingent on identification of a
          funding source. Road maintenance for roads accepted into the County maintained system will
          be incorporated into the Department of Public Works Road Maintenance activities, with Gas
          Tax as funding source. Park maintenance costs will be funded through County Service Area
          83A – San Dieguito Parks.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          Approve, and direct the Clerk of the Board of Supervisors to execute, the Joint Community
          Facilities Agreement Between the County of San Diego and the Poway Unified School
          District. (Attachment A)

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

          AYES: Cox, Jacob, Slater, Roberts, Horn



  20.     CLOSED SESSION (DISTRICT: ALL)
          (CARRYOVER ITEM FROM 7/23/02, AGENDA NO. 31)
          OVERVIEW:
          A.     CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
          San Diego County Deputy District Attorneys’ Association, et al. v. Board of Retirement, et
                al. and San Diego County Public Defenders Association v. Board of Retirement, et
                al.; San Diego Superior Court No. GIC 775946

          B.     CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
          Jacquelyn Giles, et al. v. Bill Horn, et al.; Court of Appeal, Fourth Appellate District Nos.
                 D037419

          C.     CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
7/24/02                                                                                           33
                     Anticipated litigation pursuant to section (c) of Government Code section 54956.9
              No. of Potential Cases:       1

              D.     CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
                     Anticipated litigation pursuant to section (c) of Government Code section 54956.9
              No. of Potential Cases:       1

              D.     CONFERENCE WITH LEGAL COUNSEL – THREATENED LITIGATION
                     Anticipated litigation pursuant to section (b) 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:
              County Counsel reported the following actions:

              On Items C and D, involving potential litigation, the Board of Supervisors, with all five
              members present and voting "Aye," directed the County to initiate actions. The actions, the
              defendants in each such matter, and other particulars shall, once such actions are formally
              commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the
              County's ability to effect service of process or would jeopardize its ability to conclude existing
              settlement negotiations to its advantage.


    21.       PRESENTATIONS/AWARDS
              Vice Chairman Cox presented a Proclamation honoring Emergency Medical Services
              "Provider of the Year" to Paul Maxwell.


There being no further business, the Board adjourned at 10:51 a.m. in memory of Kirk Foster.


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


Notes by: Andoh

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.


 7/24/02                                                                                                 34

				
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