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STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING - PLANNING AND LAND USE MATTERS WEDNESDAY, JULY 25, 2012 Board of Supervisors North Chamber 1600 Pacific Highway, Room 310, San Diego, California REGULAR SESSION – Regular Meeting was called to order at 9:05 a.m. Present: Supervisors Ron Roberts, Chairman; Greg Cox, Vice Chairman; Dianne Jacob; Pam Slater-Price; Bill Horn; also David C. Hall, Assistant Clerk of the Board. Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meetings of June 27, 2012 and July 11, 2012. ACTION: ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meetings of June 27, 2012 and July 11, 2012. AYES: Cox, Jacob, Slater-Price, Roberts, Horn Public Communication: [No Speakers] NOTICE: THE BOARD OF SUPERVISORS MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY COUNTY STAFF DO NOT LIMIT ACTIONS THAT THE BOARD OF SUPERVISORS MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON THE RECOMMENDATIONS IN THE BOARD LETTER AS DETERMINATIVE OF THE ACTION THE BOARD OF SUPERVISORS MAY TAKE ON A PARTICULAR MATTER. Board of Supervisors’ Agenda Items 1. NOTICED PUBLIC HEARING: GENERAL PLAN IMPLEMENTATION ZONING CLEANUP 2012, POD 12-002 7/25/12 1

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STATEMENT OF PROCEEDINGSCOUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERSWEDNESDAY, JULY 25, 2012

Board of Supervisors North Chamber1600 Pacific Highway, Room 310, San Diego, California

REGULAR SESSION – Regular Meeting was called to order at 9:05 a.m.

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

Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meetings of June 27, 2012 and July 11, 2012.

ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meetings of June 27, 2012 and July 11, 2012.

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

Public Communication: [No Speakers]

NOTICE: THE BOARD OF SUPERVISORS MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY COUNTY STAFF DO NOT LIMIT ACTIONS THAT THE BOARD OF SUPERVISORS MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON THE RECOMMENDATIONS IN THE BOARD LETTER AS DETERMINATIVE OF THE ACTION THE BOARD OF SUPERVISORS MAY TAKE ON A PARTICULAR MATTER.

Board of Supervisors’ Agenda Items

1. NOTICED PUBLIC HEARING:GENERAL PLAN IMPLEMENTATION ZONING CLEANUP 2012, POD 12-002

2. NOTICED PUBLIC HEARING:APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE DAI DANG MEDITATION CENTER MAJOR USE PERMIT; 3300 04-016 (P); BONSALL COMMUNITY PLAN AREA

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3. NOTICED PUBLIC HEARING:PUBLIC HEARING AND CONFIRMATION OF LEVIES FOR MOSQUITO, VECTOR AND DISEASE CONTROL BENEFIT ASSESSMENT AND MOSQUITO ABATEMENT AND VECTOR CONTROL SERVICE CHARGE FOR FISCAL YEAR 2012-13 [FUNDING SOURCE(S): BENEFIT ASSESSMENT, MOSQUITO ABATEMENT AND VECTOR CONTROL SERVICE CHARGE, AND THE VECTOR CONTROL DISTRICT TRUST FUND FUND BALANCE]

4. NOTICED PUBLIC HEARING:FISCAL YEAR 2012-13 TAX ROLL OF APPROVED FEES AND CHARGES FOR SAN DIEGO COUNTY SANITATION DISTRICT AND CAMPO WATER MAINTENANCE DISTRICT[FUNDING SOURCE(S): ANNUAL SEWER AND WATER SERVICE CHARGES]

(RELATES TO SANITATION DISTRICT AGENDA NO. 1)

5. PROPERTY SPECIFIC REQUESTS GENERAL PLAN AMENDMENT OPTIONS FOR RECOVERING PROCESSING COSTS[FUNDING SOURCE(S): GENERAL FUND]

6. NOTICED PUBLIC HEARING:HEARING TO CONFIRM FISCAL YEAR 2012-13 LEVIES FOR PERMANENT ROAD DIVISION ZONES, COUNTY SERVICE AREAS AND ZONES, AND STORMWATER MAINTENANCE ZONES[FUNDING SOURCE(S): INDIVIDUAL DISTRICT TRUST FUNDS ON DEPOSIT]

(RELATES TO FLOOD CONTROL DISTRICT AGENDA NO. 1)

7. ADVERTISE AND AWARD CONTRACT AND ESTABLISH APPROPRIATIONS FOR CONSTRUCTION OF ALPINE BOULEVARD CAPPED DRAINAGE SYSTEM AND PAVING IMPROVEMENTS[FUNDING SOURCE(S): SDG&E PAYMENT IN LIEU OF POWERLINK RELATED STREETSCAPE/PAVING CONSTRUCTION ($840,000), AND ROAD FUND FUND BALANCE](4 VOTES)

8. ADMINISTRATIVE ITEM:SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: ACCEPT REPORT AND AMEND THE COUNTY CODE OF REGULATORY ORDINANCES SECTION 61.101 AND FOLLOWING RELATED TO EXTENDING THE RESTAURANT LETTER GRADING SYSTEM TO MOBILE FOOD FACILITIES (7/11//2012 – FIRST READING; 7/25/12 – SECOND READING)

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9. ADMINISTRATIVE ITEM:SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENTS TO COUNTY CODE OF REGULATORY ORDINANCES SECTIONS 65.107 AND SECTIONS 66.301 AND FOLLOWING RELATED TO THE IMPLEMENTATION OF THE SAFE BODY ART ACT (7/11/2012 – FIRST READING; 7/25/2012 – SECOND READING)

10. MCCLELLAN-PALOMAR AIRPORT – AMENDMENTS TO AVIATION LEASES WITH CIVIC HELICOPTERS, INC. AND BVP ASSOCIATES, LLC [FUNDING SOURCE(S): ADJUSTED BASE MONTHLY RENT RECEIVED UNDER THE TERMS OF THE AMENDED LEASES](4 VOTES)

11. CLOSED SESSION (CARRYOVER FROM 7/24/12, AGENDA NO. 8)

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1. SUBJECT: NOTICED PUBLIC HEARING:GENERAL PLAN IMPLEMENTATION ZONING CLEANUP 2012, POD 12-002 (DISTRICTS: ALL)

OVERVIEW:On August 3, 2011 (1), as part of the adoption of the General Plan Update, your Board approved a review of property specific zoning changes. The zoning review was a countywide rezone that affected thousands of parcels with new and revised use regulations, development regulations, lot sizes, and special area regulations in property specific zoning to allow for the uses and development expected in the General Plan. As could be expected, when affecting so many parcels, there were some minor errors, omissions and oversights that have come to the Department’s attention. These errors, omissions, oversights and split zoning regulations that resulted from adoption of the General Plan zoning review are recommended to be corrected comprehensively with a countywide cleanup rezone for implementation of the General Plan. In addition, the project proposes to add findings for use regulations that may be allowed in certain land use designations under special circumstances in the Zoning Ordinance Compatibility Matrix.

This cleanup of zoning regulations is not a part of another item on today’s agenda related to property specific requests for General Plan land use designations.

FISCAL IMPACT:N/A

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:PLANNING COMMISSION1. Adopt the Environmental Findings for this project at Attachment E. This

attachment includes the five findings in support of the California Environmental Quality Act (CEQA) Guidelines Section 15183 exemption found at the end of the Certificate of Determination – Exemption from additional Environmental Review.

2. Adopt the attached Forms of Ordinance:

3.

AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE COUNTY OF SAN DIEGO RELATED TO THE GENERAL PLAN UPDATE.

AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE RELATED TO THE COMPATIBILITY MATRIX AND

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SPECIAL CIRCUMSTANCES.

DEPARTMENT OF PLANNING AND LAND USE The Department concurs with the Planning Commission recommendation.ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board closed the Hearing and took action as recommended, with the following two exceptions:

Directed the Chief Administrative Officer to keep the Jamul-Dulzura Animal Regulation (JD-AR) zoning classification designator “J” on the Jamul Sub-Area properties JD-AR-2, JD-AR-3, and JD-AR-4;

Directed the Chief Administrative Officer to support the Lakeside - Morena Valley property owners’ requests for the Land Use Designation “M58” to allow for the continued use of mining and extraction;

and adopted the amended Ordinance No. 10216 (N.S.), entitled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY WITHIN THE COUNTY OF SAN DIEGO RELATED TO THE GENERAL PLAN UPDATE; and adopted Ordinance No. 10217 (N.S.), entitled: AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE RELATED TO THE COMPATIBILITY MATRIX AND SPECIAL CIRCUMSTANCES.

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

2. SUBJECT: NOTICED PUBLIC HEARING:APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE DAI DANG MEDITATION CENTER MAJOR USE PERMIT; 3300 04-016 (P); BONSALL COMMUNITY PLAN AREA (DISTRICT: 5)

OVERVIEW:Application Date: April 2, 2004

This is an appeal of the approval granted by the Planning Commission for the Dai Dang Meditation Center Major Use Permit. The applicant requests a Major Use Permit for a Buddhist meditation center and monastery. The Center would operate as an instructional facility for 30 on-site residents during the week and would be open to a maximum of 300 visitors on Saturdays and Sundays. The project site is located at 6326 Camino Del Rey in the Bonsall Community Plan area, in unincorporated San Diego County (Thomas Guide: page 1068, D/1). The site is subject to the General Plan Regional Category of Semi-Rural Residential and the Land Use Designation of Semi-Rural Residential (SR-2). The project site is zoned A70 Limited Agriculture Use Regulation. Surrounding land uses include agriculture, rural residential and equestrian operations. The project would be consistent with the County’s General Plan and Zoning Ordinance, and has been reviewed in compliance with the California Environmental Quality Act.

FISCAL IMPACT:

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N/A

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:DEPARTMENT OF PLANNING AND LAND USE4. Adopt the environmental findings included in Attachment E.

5. Deny the appeal and grant the Major Use Permit and impose the requirements and conditions set forth in the Major Use Permit Form of Decision (Attachment C).

6. Require Dai Dang to enter into an agreement to defend and indemnify the County in accordance with County Code section 86.201 et seq. If litigation is filed challenging the Board’s action on this project, require Dai Dang to provide security in the amount of $150,000 in the form of an irrevocable letter of credit or bond, in a form acceptable to County Counsel within 10 days of litigation being filed.

ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Cox, the Board closed the Hearing and took action as recommended.

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

3. SUBJECT: NOTICED PUBLIC HEARING:PUBLIC HEARING AND CONFIRMATION OF LEVIES FOR MOSQUITO, VECTOR AND DISEASE CONTROL BENEFIT ASSESSMENT AND MOSQUITO ABATEMENT AND VECTOR CONTROL SERVICE CHARGE FOR FISCAL YEAR 2012-13 (DISTRICTS: ALL)

OVERVIEW:On July 13, 2011 (4), the Board approved the levy of assessments for the Mosquito, Vector and Disease Control Benefit Assessment for FY 2011-2012. According to Article XIIID of the State Constitution (Proposition 218) approved by California voters in November 1996, property owners approve a benefit assessment through a ballot measure and in subsequent years the governing body approves the levy on properties.

This is a request to adopt a resolution to approve the Engineer’s Report, confirm the assessment diagram and assessment, and order the levy of assessments for the Mosquito, Vector and Disease Control Benefit Assessment for Fiscal Year 2012-13. There is no proposed increase in assessments for Fiscal Year 2012-13. The Board is also being requested to approve a resolution confirming the levy for Mosquito

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Abatement and Vector Control Service Charge which was adopted by the Board prior to Proposition 218. The existing service charge for Fiscal Year 2012-13 will be levied within the authorized rate structure with no change in rates for the three subregions.

Upon adoption, the Mosquito, Vector and Disease Control Benefit Assessment and the Mosquito Abatement and Vector Control Service Charge will be placed on the tax roll, so property owners can continue to pay the benefit assessment and service charge through their property tax bills for all taxable parcels.

FISCAL IMPACT:Funds for these requests are included in the Fiscal Year 2012-13 Operational Plan in the Department of Environmental Health. If approved, these requests will result in costs and revenues of $7.9 million in Fiscal Year 2012-13. The funding sources are benefit assessment ($5.3 million), Mosquito Abatement and Vector Control Service Charge ($2.4 million), and the Vector Control District Trust Fund fund balance ($0.2 million). Subsequent years’ assessments will be based on the Vector Surveillance and Control Program budget, approved annually by the Board. There will be no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT:Mosquitoes and other vectors hinder, annoy and harm residents, guests, visitors, farm workers and employees. A vector-borne disease outbreak and other related public health threats would have a drastic negative effect on agriculture, business, tourism and residential activities in the county.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find in accordance with Section 21080(b)(8) of the Public Resources Code and

Section 15273 of the California Environmental Quality Act Guidelines that this action is exempt from the California Environmental Quality Act, because it renews a charge to meet the operating expenses and necessary financial reserves for an existing program, specifically the County Vector Surveillance and Control Program as described herein and in the Engineer’s report.

2. Adopt a Resolution entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING ENGINEER'S REPORT, CONFIRMING ASSESSMENT DIAGRAM AND ASSESSMENT AND ORDERING THE CONTINUATION OF ASSESSMENTS FOR FISCAL YEAR 2012-13 FOR THE SAN DIEGO COUNTY VECTOR CONTROL PROGRAM MOSQUITO, VECTOR AND DISEASE CONTROL ASSESSMENT.

3. Adopt a Resolution entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ADOPTING SERVICE CHARGES AND CONFIRMING REPORTS REGARDING LEVIES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2012-13.

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ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 12-105, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING ENGINEER’S REPORT, CONFIRMING ASSESSMENT DIAGRAM AND ASSESSMENT AND ORDERING THE CONTINUATION OF ASSESSMENTS FOR FISCAL YEAR 2012-13 FOR THE SAN DIEGO COUNTY VECTOR CONTROL PROGRAM MOSQUITO, VECTOR AND DISEASE CONTROL ASSESSMENT; and Resolution No. 12-106, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ADOPTING SERVICE CHARGES AND CONFIRMING REPORTS REGARDING LEVIES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2012-13.

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

4. SUBJECT: NOTICED PUBLIC HEARING:FISCAL YEAR 2012-13 TAX ROLL OF APPROVED FEES AND CHARGES FOR SAN DIEGO COUNTY SANITATION DISTRICT AND CAMPO WATER MAINTENANCE DISTRICT(DISTRICTS: 1, 2 AND 5)

OVERVIEW:The San Diego County Sanitation District provides sewer service to over 35,000 customers, and the Campo Water Maintenance District provides water service to approximately 220 customers. A public hearing is required annually for preparation of the Districts’ tax rolls. Sewer service charges and water charges will be collected along with property taxes. Collecting sewer and water fees through the tax roll avoids a separate and costly billing process. The charges described in this letter have been previously approved by the Board of Directors of the San Diego County Sanitation District and Board of Supervisors, so there is no change proposed for any of the eight service areas within the San Diego County Sanitation District.

This is a request to conduct a public hearing on the San Diego County Sanitation District and Campo Water Maintenance District tax roll reports and to adopt resolutions approving collection of sewer and water service charges on the tax rolls as authorized by the Uniform Sewer Ordinance and County Water Service Ordinance.

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FISCAL IMPACT:This action is consistent with the Fiscal Year 2012-13 CAO Proposed Operational Plan Sanitation and Water Maintenance District budgets. The funding sources are annual sewer and water service charges. There is no change in the sewer rate for any of the eight service areas within the San Diego County Sanitation District, and there is no change in the water rate for customers of the Campo Water Maintenance District. Charges described in this letter reflect rate adjustments previously approved by the Board of Supervisors and the Board of Directors of the San Diego County Sanitation District. There will be no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1. Find that the proposed action is not subject to CEQA as specified under Section

15060 (c)(3) of the state CEQA Guidelines because the activity in question is administrative in nature and is not a project as defined in CEQA Guidelines Section 15378.

2. Conduct a public hearing to consider all objections and protests to tax roll reports for the Sanitation District and Water Maintenance District, on file with the Clerk of the Board of Supervisors.

Following the public hearing –

Acting as the Board of Directors of the San Diego County Sanitation District:Adopt a Resolution entitled RESOLUTION AUTHORIZING SEWER SERVICE CHARGES FOR FISCAL YEAR 2012-13 TO BE COLLECTED ON THE TAX ROLL (Attachment D).

Acting as the Board of Supervisors:Adopt a Resolution entitled RESOLUTION AUTHORIZING WATER CHARGES FOR FISCAL YEAR 2012-13 TO BE COLLECTED ON THE TAX ROLL (Attachment D).

(Relates to Sanitation District Agenda No. 1)

ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 12-107, entitled: RESOLUTION AUTHORIZING WATER SERVICE CHARGES FOR FISCAL YEAR 2012-13 TO BE COLLECTED ON THE TAX ROLL.

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

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5. SUBJECT: PROPERTY SPECIFIC REQUESTS GENERAL PLAN AMENDMENT OPTIONS FOR RECOVERING PROCESSING COSTS (DISTRICTS: ALL)

OVERVIEW:During a workshop held January 9 through January 11, 2012 (1), the Board of Supervisors considered over 137 private Property Specific Requests to modify the County of San Diego’s General Plan land use designations. On June 20 and 27, 2012, the Board directed staff to process a General Plan Amendment (GPA) for the staff evaluated changes for 47 property specific requests. The Board also directed staff to report back with the option of combining the “Very Low Complexity” category Property Specific Requests with the rest of the Property Specific Requests rather than including them in the workplan for the Forest Conservation Initiative (FCI) General Plan Amendment. The Board further directed staff to explore options that would allow the County to recover some or all of the costs of the GPA process from the property owners requesting the change. This report responds to Board direction provided at the June 20 and 27 hearings.

Please note that this item related property specific requests is not part of another item on today’s agenda pertaining to a cleanup of existing zoning regulations.

FISCAL IMPACT:Funding for Property Specific Request General Plan Amendment is included in the Fiscal Year 2012-13 CAO Proposed Operational Plan in the Department of Planning and Land Use. The funding source is the General Fund ($1,560,000). Today’s request for Board direction on recovering County costs associated with the Property Specific Request General Plan Amendment may result in recovering a portion of these costs.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER7. Direct staff to combine the Property Specific Requests in the “Very Low

Complexity” category with the rest of the Property Specific Requests referred to a General Plan Amendment, rather than including them with the Forest Conservation Initiative GPA.

2. Receive staff’s report of funding options for recovering the costs of processing the Property Specific Request (PSR) General Plan Amendment (GPA)

3. . If an option is selected that does not require full cost recovery from a Property Owner, then waive Board Policy B-29.

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5.1 ACTION:Noting for the record that an Errata has been submitted that described the funding options, a motion by Supervisor Roberts, seconded by Supervisor Cox, was placed on the floor to:

Direct the Chief Administrative Officer to combine the Property Specific Requests in the “Very Low Complexity” category with the rest of the Property Specific Requests referred to a General Plan Amendment, rather than including them with the Forest Conservation Initiative GPA;

Receive staff’s report of funding options for recovering the costs of processing the Property Specific Request (PSR) General Plan Amendment (GPA)

; Select the combination of the funding option number 3 “GPA Cap Deposit:

Per Category” and Variation A: “Property Specific Requests Requesting an Increase in Density Over Former General Plan”; and

Waive Board Policy B-29.

AYES: Cox, RobertsNOES: Jacob, Slater-Price, Horn(This motion failed due to lack of majority vote.)

5.2 ACTION:

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Noting for the record that an Errata has been submitted that described the funding options, ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took the following actions:

Received staff’s report of funding options for recovering the costs of processing the Property Specific Request (PSR) General Plan Amendment (GPA)

; and Directed the Chief Administrative Officer to return to the Board with a report

on including the Property Specific Requests in the “Very Low Complexity” category in the clean-up process including processing times.

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

6. SUBJECT: NOTICED PUBLIC HEARING:HEARING TO CONFIRM FISCAL YEAR 2012-13 LEVIES FOR PERMANENT ROAD DIVISION ZONES, COUNTY SERVICE AREAS AND ZONES, AND STORMWATER MAINTENANCE ZONES (DISTRICTS: ALL)

OVERVIEW:

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A public hearing is required annually to confirm and adopt levies for Permanent Road Division Zones, County Service Areas and Zones, and Flood Control District Stormwater Maintenance Zones prior to placement of the levies on the tax roll. All levies described in this letter have been previously approved by property owner ballots or registered district voter elections in accordance with Articles XIIIA-D of the California Constitution and remain within previously approved limits to those levies.

These annual levies are for the purpose of providing a variety of services such as road maintenance, street lighting, park and landscape maintenance, fire protection, stormwater management facilities, paramedic and emergency medical services, and regional emergency communication services.

In Fiscal Year 2012-13, 49 Permanent Road Division Zones, 15 County Service Areas and Zones, and three Flood Control District Stormwater Maintenance Zones will levy within their approved range. For some districts, a Consumer Price Index approved at the time the levies were established may be applied. There are increases proposed in six county service areas and two Flood Control District zones based on previously approved formulas. Following is a summary of the proposed levies:

Permanent Road Division Zones

Road Services: Permanent Road Division 1000 is the overarching district for road maintenance activities in neighborhoods. Within the division there are 49 Zones that levy assessments. All proposed levies for Permanent Road Division Zones are within their approved range and none are increasing assessments.

County Service Areas and Zones (15 Areas)

Parks and Open Space (Six Areas): County Service Areas levying with no increase are

26A Cottonwood Village, providing landscaping and firebreak service 26B Monte Vista, providing landscaping service, and 136 Sundance Detention Basin 26 – Rancho San Diego, providing parks, and 128 – San Miguel, providing parks

San Dieguito Local Parks District No. 83 – Zone A (4S Ranch) will levy an assessment within its ballot-approved maximum rate, which includes up to 5% of Consumer Price Index (CPI) adjustment. Levies will reflect an increase based on the CPI of 3.03% to fully fund operational costs during Fiscal Year 2012-13.

Public Safety Communications (Three Zones): 800MHz Regional Communications System managed by the Sheriff’s Department provided by County Service Area No. 135 – 800 MHz Communications Zones B – Del Mar, H – Solana Beach, and F – Poway, will levy with no increase.

Fire services (Four Areas): Fire Authority County Service Areas No. 107 – Elfin

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Forest, No. 109 - Mt. Laguna, No. 110 – Palomar Mountain, and No. 113 - San Pasqual will levy an adjustment to the assessments within their voter-approved maximum rates. Emergency medical and paramedic services (Two Areas): County Service Areas No. 17 – San Dieguito Emergency Medical Services and No. 69 – Heartland Paramedic Services will levy within their voter-approved maximum rates, current levies will reflect an increase based on CPI.

Flood Control District services (Three)

Flood Control District Stormwater Maintenance Zones No. 3-4978-1 – Blackwolf, No. 4-4249-3 – Lake Rancho Viejo and No. 3-5142-1 – Ponderosa will levy their voter-approved rates. No. 4-4249-3 – Lake Rancho Viejo will include an increase based on the voter-approved annual Construction Cost Index (CCI) adjustment.

This request is to adopt resolutions confirming levies for various districts. Upon adoption, the levies will be placed on the tax roll, so that district members can pay amounts necessary to provide district services through their property tax bills.

FISCAL IMPACT:Funds for processing this request are included in the Fiscal Year 2012-13 CAO Proposed Operational Plan in the Department of Public Works, Special Districts Administration. The funding source is individual district trust funds on deposit. The levies are consistent with revenues shown in the proposed budgets for the Permanent Road Division Zones, County Service Areas and Zones, and the Flood Control District Stormwater Maintenance Zone. The proposed budgets were submitted to the Board on May 8, 2012 (15), and were subject to public hearings from June 11 through June 20, 2012. The Operational Plan for the Permanent Road Division Zones, County Service Areas and Zones, and the Flood Control District Stormwater Maintenance Zone were approved following budget deliberations on June 26 and 27, 2012. Final budget adoption is scheduled for August 7, 2012. There will be no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT:N/A

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RECOMMENDATION:

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CHIEF ADMINISTRATIVE OFFICER1. Find that the proposed activity is not subject to review under the California

Environmental Quality Act (CEQA), as specified under state CEQA Guidelines Section 15060(c)(3) because the activity in question consists of funding mechanisms related to maintaining existing improvements and is not a project as defined in Section 15378 of the CEQA Guidelines.

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 2012-13.

3. Adopt a Resolution entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF COUNTY SERVICE AREAS CSA 26A -- COTTONWOOD VILLAGE CSA 26B -- MONTE VISTA, AND CSA 136-- SUNDANCE DETENTION BASIN ADOPTING ASSESSMENTS AND CONFIRMING REPORTS RE: LEVIES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2012-13.

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 2012-13.

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 2012-13.

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. 109 – MT. LAGUNA, COUNTY SERVICE AREA 110 – PALOMAR MOUNTAIN, AND COUNTY SERVICE AREA NO. 113 – SAN PASQUAL ADOPTING LEVIES AND CONFIRMING REPORTS RE: SPECIAL TAXES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2012-13.

7. Adopt a Resolution entitled: RESOLUTION OF THE BOARD OF

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SUPERVISORS ACTING AS THE GOVERNING BODY OF COUNTY SERVICE AREAS NO. 17 – SAN DIEGUITO EMERGENCY MEDICAL SERVICES AND NO. 69 – HEARTLAND PARAMEDIC SERVICES ADOPTING LEVIES AND CONFIRMING REPORTS RE: SPECIAL TAXES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2012-13.

Acting as the Board of Directors of the San Diego County Flood Control District:

Adopt a Resolution entitled: RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ACTING AS THE GOVERNING BODY OF STORMWATER MAINTENANCE ZONES 3-4978-1 BLACKWOLF, 4-4249-3 LAKE RANCHO VIEJO, AND 3-5142-1, PONDEROSA, ADOPTING ASSESSMENTS AND CONFIRMING REPORTS RE: LEVIES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2012-13.

(Relates to Flood Control District Agenda No. 1)

ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting the following:

Resolution No. 12-108, 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 2012-13;

Resolution No. 12-109, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF COUNTY SERVICE AREAS CSA 26 – COTTONWOOD VILLAGE CSA 26B – MONTE VISTA, AND CSA 136 – SUNDANCE DETENTION BASIN ADOPTING ASSESSMENTS AND CONFIRMING REPORTS RE: LEVIES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2012-13;

Resolution No. 12-110, 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, 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 2012-13;

Resolution No. 12-111, entitled: RESOLUTION OF THE BOARD OF

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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 2012-13;

Resolution No. 12-112, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF COUNTY SERVICE ARE NO. 107 – ELFIN FOREST, COUNTY SERVICE ARE NO. 109 – MT. LAGUNA, COUNTY SERVICE AREA NO. 110 – PALOMAR MOUNTAIN, AND COUNTY SERVICE AREA NO. 113 – SAN PASQUAL ADOPTING LEVIES AND CONFIRMING REPORTS RE: SPECIAL TAXES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2012-13; and

Resolution No. 12-113, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF COUNTY SERVICE AREAS NO. 17 – SAN DIEGUITO EMERGENCY MEDICAL SERVICES AND NO. 69 – HEARTLAND PARAMEDIC SERVICES ADOPTING LEVIES AND CONFIRMING REPORTS RE: SPECIAL TAXES TO BE COLLECTED ON THE TAX ROLL FOR FISCAL YEAR 2012-12.

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

7. SUBJECT: ADVERTISE AND AWARD CONTRACT AND ESTABLISH APPROPRIATIONS FOR CONSTRUCTION OF ALPINE BOULEVARD CAPPED DRAINAGE SYSTEM AND PAVING IMPROVEMENTS (DISTRICT: 2)

OVERVIEW:The Alpine Boulevard Capped Drainage and Paving Improvement project is located in the unincorporated community of Alpine, south of Interstate 8 (57 th Edition Thomas Guide Page 1234, A6-D6).

SDG&E is in the final stages of completing the Powerlink project, which constructed a new underground high voltage distribution system along Alpine Boulevard. SDG&E has constructed streetscape improvements consisting of curbs, gutters and sidewalks along a portion of Alpine Boulevard and paved the majority of the roadway, leaving one segment between Tavern Road and South Grade Road unpaved to allow the County to install drainage improvements under the roadway, and then pave that section.

This County project and request before the Board of Supervisors is for that unpaved

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section. It will construct drainage, paving, striping and signage improvements along Alpine Boulevard between Tavern Road and South Grade Road. The improvements will benefit the community of Alpine by preventing roadway flooding during large rain events and providing rubberized asphalt paving to reduce traffic noise and improve ride-ability on Alpine Boulevard in this heavily-traveled, mixed-use residential and commercial area.

This is a request to approve advertisement and subsequent award, to the lowest responsive and responsible bidder, of a contract to construct the Alpine Boulevard Capped Drainage and Paving Improvements project. It is also a request to establish appropriations of $3,500,000 for the project. Construction is estimated at $3,500,000, including contingencies. SDG&E will fund the paving part of the project, estimated at $840,000. The remaining costs are proposed to be from Road Fund fund balance available.

Upon Board approval, the Department of Purchasing and Contracting will advertise and subsequently award a contract for construction, which is scheduled to begin Fall 2012 and be completed by Spring 2013.

FISCAL IMPACT:Funds for this request are not included in the Fiscal Year 2012-13 CAO Proposed Operational Plan in the Department of Public Works, Detailed Work Program. If approved, current year construction project costs will be $3,500,000, including contingencies. The funding source is an SDG&E payment in lieu of Powerlink related streetscape/paving construction ($840,000), and Road Fund fund balance ($2,660,000). There will be no change in net General Fund cost and no additional staff years.

BUSINESS IMPACT STATEMENT:County construction contracts are competitively bid and help support the local economy.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER8. Find that the proposed project is exempt from the California Environmental

Quality Act (CEQA) as specified under Section 15301 of the state CEQA Guidelines.

9. Establish appropriations of $840,000, in the Fiscal Year 2012-13 CAO Proposed Operational Plan in the Department of Public Works, Detailed Work Program for construction of Alpine Boulevard Capped Drainage and Paving Improvements based on unanticipated revenue from an SDG&E payment in lieu of Powerlink related streetscape/ paving construction. (4 VOTES)

10. Establish appropriations of $2,660,000, in the Fiscal Year 2012-13 CAO

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Proposed Operational Plan in the Department of Public Works, Detailed Work Program for construction of Alpine Boulevard Capped Drainage and Paving Improvements based on Road Fund fund balance available. (4 VOTES)

11. Authorize the Director, Department of Purchasing and Contracting, to take any action necessary to advertise and award a contract and to take other action authorized by Section 401 et seq., of the County Administrative Code with respect to contracting for subject public works project.

12. Designate the Director, Department of Public Works, as County Officer responsible for administering the construction contract, in accordance with Board Policy F-41, Public Works Construction Projects.

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

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

8. SUBJECT: ADMINISTRATIVE ITEM:SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: ACCEPT REPORT AND AMEND THE COUNTY CODE OF REGULATORY ORDINANCES SECTION 61.101 AND FOLLOWING RELATED TO EXTENDING THE RESTAURANT LETTER GRADING SYSTEM TO MOBILE FOOD FACILITIES (7/11//2012 – FIRST READING; 7/25/12 – SECOND READING) (DISTRICTS: ALL)

OVERVIEW:On July 11, 2012 (9), the Board of Supervisors introduced an Ordinance for further consideration and adoption on July 25, 2012.

On February 28, 2012 (8), at the request of Chairman Ron Roberts, the Board of Supervisors directed the Chief Administrative Officer to improve public notification signage for mobile food facilities that prepare and serve food by establishing a letter grading system similar to that used to rate restaurants. The Chief Administrative Officer assigned the Department of Environmental Health (DEH) to conduct this process and, as directed by the Board, report back within 120 days on the feasibility, timeline for implementation, proposed updates to ordinances in the unincorporated area and regional cities, potential fiscal impacts and changes to the fee structure.

Today’s request is for the Board to receive a report from the Director of Environmental Health that recommends a proposed program to successfully implement a letter grading system for mobile food facilities that prepare and serve food. The report also requests that the Board adopt an ordinance to grant the Department of Environmental Health the authority to grade mobile food facilities that

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prepare food and require the posting of a letter grade. Once the ordinance is adopted, the Department of Environmental Health will work with cities within San Diego County to adopt the ordinance so letter grading for mobile food facilities that prepare and serve food can be enforced countywide. Upon Board approval, the Department of Environmental Health will return in September 2012 with proposed fee adjustments to implement the new letter grading system for mobile food facilities.

FISCAL IMPACT:There is no fiscal impact associated with today’s recommended actions. When the proposed fees are brought back to the Board in September 2012, the fiscal impact of those fees will be presented.

BUSINESS IMPACT STATEMENT:Posting letter grades on mobile food facilities that prepare and serve food provides an incentive for business operators to have good food safety practices and procedures in place. It provides consumers with information on how the facility scored during their last inspection and can help better distinguish permitted from unpermitted mobile food vendors who present unfair competition for established businesses. Operators that fail to earn an “A” grade may also face administrative penalties; or the suspension, revocation or modification of their health permit if their food safety compliance fails to improve.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERAdopt the Ordinance entitled:

AN ORDINANCE AMENDING PORTIONS OF THE COUNTY CODE OF REGULATORY ORDINANCES RELATING TO EXTENDING THE RESTAURANT LETTER GRADING SYSTEM TO MOBILE FOOD FACILITIES.

ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Ordinance No. 10218 (N.S.), entitled: AN ORDINANCE AMENDING PORTIONS OF THE COUNTY CODE OF REGULATORY ORDINANCES RELATING TO MOBILE FOOD FACILITIES.

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

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9. SUBJECT: ADMINISTRATIVE ITEM:SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AMENDMENTS TO COUNTY CODE OF REGULATORY ORDINANCES SECTIONS 65.107 AND SECTIONS 66.301 AND FOLLOWING RELATED TO THE IMPLEMENTATION OF THE SAFE BODY ART ACT (7/11/2012 – FIRST READING; 7/25/2012 – SECOND READING) (DISTRICTS: ALL)

OVERVIEW:On July 11, 2012 (1), the Board of Supervisors introduced an Ordinance for further consideration and adoption on July 25, 2012.

The California Safe Body Art Act (AB 300) requires the County to enforce new standards for body art facilities and practitioners as a countywide environmental health program. This law also expressly allows cities and counties to establish additional local standards, e.g., to fill any gaps in the state program. The proposed County ordinance would repeal obsolete County Code provisions for tattooing and permanent cosmetics, and would enact replacement language to implement the new mandatory state standards countywide. The ordinance would also implement supplemental local standards in the unincorporated County. Parallel legislative action by cities will be needed to implement these supplemental standards in those cities; the County would administer those additional local standards. As required by state law, the countywide program would include not only tattooing and permanent cosmetics but also body piercing and branding. Under the state law, inclusion of a program to register operations that only perform mechanical stud and clasp ear piercing is optional; the proposed ordinance includes that program element.

The state law requires a restructuring of County fees, to be consistent with state specifications regarding registrations, permits and inspections. For example, for body art technicians/practitioners the state law requires only an annual registration, not the one-time registration and annual inspection in the current County Code. This change and other mandatory simplifications will result in an estimated overall decrease in fees paid from the industry to the County of 11.2%.

This is a request to adopt ordinance amendments to Title 6 of the County Code of Regulatory Ordinances relating to AB 300, the California Safe Body Art Act. Amendments would implement the Safe Body Art Act, establish additional local standards within the unincorporated County, and establish fees based on state law to support this program.

FISCAL IMPACT:Funds for this request have been included in the Fiscal Year 2012-14 CAO Proposed Operational Plan for the Department of Environmental Health. If approved, the proposed fee package will generate total revenue estimated at $81,000 in Fiscal Year 2012-13. No additional staff years will be required.

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BUSINESS IMPACT STATEMENT:Businesses will benefit from uniform regulations statewide. The Department of Environmental Health (DEH) does not expect a significant impact on local Body Art businesses as most facilities and practitioners who will be affected by these changes are already regulated under County or municipal programs. DEH has identified approximately 47 permanent cosmetics facilities, 8 body art facilities and 3 piercing-only facilities currently not regulated that these regulations will apply to. 17 mechanical stud and clasp ear piercing operations have been identified which will be required to submit a notification form to DEH, but there may be more, e.g. at retail jewelry outlets. Body Art businesses, including those not currently regulated, will be notified of the changes to the County Code via delivery services including direct mailing to current permit holders, email and GovDelivery. Three educational workshops regarding the local implementation of the California Safe Body Art Act are scheduled for June 26 and 27, and July 3, 2012.

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERAdopt the Ordinance entitled:

AN ORDINANCE AMENDING PORTIONS OF THE COUNTY CODE OF REGULATORY ORDINANCES RELATING TO THE CALIFORNIA SAFE BODY ART ACT.

ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Ordinance No. 10219 (N.S.), entitled: AN ORDINANCE AMENDING PORTIONS OF THE COUNTY CODE OF REGULATORY ORDINANCES RELATING TO THE CALIFORNIA SAFE BODY ACT.

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

10. SUBJECT: MCCLELLAN-PALOMAR AIRPORT – AMENDMENTS TO AVIATION LEASES WITH CIVIC HELICOPTERS, INC. AND BVP ASSOCIATES, LLC (DISTRICT: 5)

OVERVIEW:McClellan-Palomar Airport, located in Carlsbad (57th Edition Thomas Guide Page 1127, D3), is a major gateway to and from San Diego’s North County. The Airport provides facilities and services to commercial, corporate and general aviation communities.

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On June 13, 2007 (5), the Board approved three 40-year aviation leases: two with Civic Helicopters, Inc., and one with BVP Associates, LLC at McClellan-Palomar Airport. The three leases require rent to be renegotiated every five years to keep current with market rates. The next negotiated adjustment for all three leases is due August 2012.

This is a request to approve the first amendments to Contract Numbers 121961 and 121962 with Civic Helicopters, Inc. and a third amendment with BVP Associates, LLC, Contract Number 121934. These amendments would increase monthly rent to reflect current market rates, revise the address for rent payments, and add Exhibit J-1, First Amendment to the Memorandum of Understanding between Civic Helicopters and BVP Associates. The amendment with BVP Associates would also revise capital improvement requirements.

FISCAL IMPACT:If approved, this request will result in additional revenue of $3,916 in Fiscal Year 2012-13, reflecting 11 months at the new rate, and annual cost of living adjustments in subsequent years in the Airport Enterprise Fund. The funding source will be an adjusted base monthly rent received under the terms of the amended leases. There will be no net impact to the General Fund and no additional staff years.

BUSINESS IMPACT STATEMENT:N/A

RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER13. Find in accordance with Section 15301 of the California Environmental Quality

Act (CEQA) Guidelines that the proposed lease amendments are categorically exempt from CEQA review as they consist of the leasing of existing facilities involving negligible or no expansion of existing use.

14. Approve and authorize Clerk of the Board to execute, upon receipt, three copies of the first amendment to aviation lease with Civic Helicopters, Inc., County Contract No. 121961. (4 VOTES)

15. Approve and authorize Clerk of the Board to execute, upon receipt, three copies of the first amendment to aviation lease with Civic Helicopters, Inc., County Contract No. 121962. (4 VOTES)

16. Approve and authorize Clerk of the Board to execute, upon receipt, three copies of the third amendment to aviation lease with BVP Associates, LLC, County Contract No. 121934. (4 VOTES)

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

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

11. SUBJECT: CLOSED SESSION (CARRYOVER FROM 7/24/12, AGENDA NO. 8) (DISTRICTS: ALL)

OVERVIEW:A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Subdivision (a) of Government Code section 54956.9Bruno Magana v. County of San Diego, et al.; United States District Court, Southern District, No. 10-cv-1334 IEG (BGS)

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9Allen Baker v. Jeffry Guthrie, et al.; United States District Court, Southern District, No. 09-cv-1194 BEN (WMc)

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

D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9San Luis Rey Band of Mission Indians v. County of San Diego; San Diego County Superior Court No. 37-2012-00050898-CU-WM-CTL

E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9Viejas Band of Kumeyaay Indians v. County of San Diego; JAMS # 1240020807

F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)San Diego County v. Bank of America, et al.; Los Angeles County Superior Court, No. SC099566; Consolidated Case No. (S.D.N.Y. No. 08-02516)

G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9Save Our Heritage Organisation (SOHO) v. County of San Diego, et al.; San Diego County Superior Court No. 37-2012-00100958-CU-TT-CTL

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ACTION:In closed session on Tuesday, July 24, 2012, the Board of Supervisors took the following actions:

Item 11A: Bruno Magana v. County of San Diego, a case pending in federal court that involves allegations of excessive force; by vote of all five members of the Board present and voting “Aye,” authorized the County to settle for payment of the sum of $59,500, for dismissal of all claims, costs and attorney’s fees and without admission of wrongdoing

Item 11C: An item involving the initiation of litigation, by vote of all five members of the Board present and voting “Aye,” authorized the County to commence litigation, the defendants and other particulars of which shall be disclosed in the manner authorized by Government Code §54957.1, once the action has been formally commenced.

Item 11D: San Luis Rey Band of Mission Indians v. County of San Diego, a challenge under the California Environmental Quality Act filed in Superior Court involving Meadowood, a master planned community project in Fallbrook; by vote of all five members of the Board present and voting “Aye,” authorized the County to settle the dispute on terms that are satisfactory to the plaintiff and the developer regarding the reinterment of human remains.

Item 11F: San Diego County v. Bank of America, et. al; a case involving municipal derivatives antitrust challenges; by vote of three members of the Board present and voting “Aye,” with Supervisors Horn and Jacob abstaining, authorized settlement with one of the defendant banking institutions in the amount of $70,511.92, in return for release of all claims the County has against that defendant.

There being no further business, the Board adjourned at 5:11 p.m. in memory of Julie Meilute Benedict and Dennis Avery.

THOMAS J. PASTUSZKAClerk of the Board of Supervisors

County of San Diego, State of California

Consent: SantosDiscussion: Panfil

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

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