CLERK OF THE BOARD OF SUPERVISORS BOARD OF …content.govdelivery.com/attachments/CASAND/2011/11/04/... · 2011. 11. 4. · clerk of the board of supervisors board of supervisors

CLERK OF THE BOARD OF SUPERVISORS BOARD OF SUPERVISORS MEETING TUESDAY NOVEMBER 82011 Legislative Services Section (619) 531-5434

INDEX

Revised Page

REVISED AGENDA PAGES AND BACKUP

27 ADMINISTRATIVE ITEM APPOINTMENTS

NEW AGENDA PAGES AND BACKUP

28 COMMUNITY ENHANCEMENT PROGRAM (DISTRICT 1)

29 CLOSED SESSION

Distributed 110411 Page 1

Category Agenda No Subject

17 PUBLIC DEFENDER - NEW LEASE FOR PUBLIC DEFENDER AT 450 B STREET SAN DIEGO [FUNDING SOURCE(S) COUNTY LOCAL REVENUE FUND 2011 AND THE GENERAL FUND] (4 VOTES)

18 ANIMAL SERVICES - APPROVAL OF LEASE AGREEMENT WITH THE CITY OF SAN DIEGO FOR THE COUNTY ANIMAL SHELTER AT 5480 GAINES STREET SAN DIEGO

19 AUTHORIZE THE USE OF SAN DIEGO GAS amp ELECTRIC ON-BILL FINANCING TO FUND ENERGY EFFICIENCY AND DEMAND RESPONSE PROJECTS ADOPT UPDATED RESOLUTION FOR CALIFORNIA ENERGY COMMISSION ENERGY LOAN PROGRAM [FUNDING SOURCE(S) SAN DIEGO GAS amp ELECTRIC (SDGampE) ON-BILL FINANCING PROGRAM (OBF) LOANS] (4 VO~ES)

20 HOUSING amp COMMUNITY DEVELOPMENT shyAUTHORIZE SUBMITTAL OF CALHOME FIRSTshyTIME HOMEBUYERS GRANT APPLICATION AND ACCEPTANCE OF THE GRANT FUNDS [FUNDING SOURCE(S) UNANTICIPATED GRANT REVENUE FROM CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CALHOME PROGRAM] (4 VOTES)

Financial and General 21 LEAVE NO VETERAN BEHIND Government

TIME CERTAIN 230 PM

22 NOTICED PUBLIC HEARING PROPOSED ORDINANCE TO AMEND SECTION 861 AND TO ADD SECTION 862 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE TO INCREASE ASSESSORRECORDERCOUNTY CLERK FEES AND ADOPT A NEW FEE

11108111 5

Category Agenda No Subject REVISION 1

23 DISPOSITION OF SURPLUS ASSESSMENT DISTRICT FUNDS

24 SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES COUNTY ADMINISTRATIVE CODE ARTICLES AND REGULATORY CODE TITLES ASSIGNED TO THE FINANCE AND GENERAL GOVERNMENT GROUP AND THE RECORDS MANAGEMENT AND DESTRUCTION RESOLUTION

25 SECOND CONSIDERATION AND ADOPTION OF ORDINANCE AMENDMENTS TO THE COMPENSATION ORDINANCE RELATING TO A TENTATIVE AGREEMENT FOR ONE EMPLOYEE BARGAINING UNIT (CR) REPRESENTED BY THE ASSOCIATION OF SAN DIEGO COUNTY EMPLOYEES [FUNDING SOURCE(S) COMBINATION OF GENERAL PURPOSE REVENUE AND VARIOUS PROGRAM REVENUES)

Communications Received

26 COMMIJNICATIONS RECEIVED

Appointments 27 ADMINISTRATIVE ITEM APPOINTMENTS

Financial and General Government

28 COMMUNITY ENHANCEMENT PROGRAM

Closed Session 29 CLOSED SESSION

Supporting documentation and attachments for items listed on this agenda can be viewed online at wwwsdcountycagovcoblbosa or in the Office of the Clerk of the Board of Supervisors at the County Administration Center 1600 Pacific Highway Room 402 San Diego CA 92101

1108111middot 6

REVISION 1

26 SUBJECT COMMUNICATIONS RECEIVED (DISTRICTS ALL)

OVERVIEW Board Policy A-72 Board of Supervisors Agenda and Related Process authorizes the Clerk of the Board to prepare a Communications Received for Board of Supervisors Official Records Routine informational reports which need to be brought to the attention of the Board of Supervisors yet not requiring action are listed on this document Communications Received documents are on file in the Office of the Clerk of the Board

FISCAL IMP ACT NA

BUSINESS IMPACT STATEMENT NA

RECOMMENDATION CHIEF ADMINISTRATIVE OFFICER Note and File

27 SUBJECT ADMINISTRATIVE ITEM APPOINTMENTS (DISTRICTS ALL)

OVERVIEW These appointments are in accordance with applicable Board Policy A-74 Citizen Participation in County Boards Commissions and Committees Board Policy I-I Planning and Sponsor Group Policies and Procedures and Board Policy A-77 Appointments to Fill Vacancies and Cancellation of Election where Insufficient Nominations Filed Prior to Uniform District Election and Citizen Planning Group Election

FISCAL IMPACT NA


RECOMMENDATION CHAIRMAN HORN Waive Board Policy A-74 Citizen Participation in County Boards Commissions and Committees and re-appoint Thomas J Rappolt to the AIR POLLUTION CONTROL DISTRICT HEARING BOARD (APCDHB) Seat No9 for a term beginning on January 6 2012 and expiring on January 5 2015

11108111 33

Appoint Leah T Kapp to the HIDDEN MEADOWS COMMUNITY SPONSOR GROUP Seat No J for a term to expire January 7 2013

Appoint Carl Wayne Dauber to the HIDDEN MEADOWS COMMUNITY SPONSOR GROUP Seat No5 for a term to expire January 7 2013middot

Appoint Ron Barbanell to the PALA-PAUMA VALLEY COMMUNITY SPONSOR GROUP Seat No2 for a term to expire January 5 2015

Appoint Gary T Drake to the RAINBOW COMMUNITY PLANNING GROUP Seat No9 for a term to expire January 72013

VICE CHAIRMAN ROBERTS Appoint Torn Bern to the MENTAL HEALTH BOARD Seat No 11 for a term beginning December 31 2011 and expiring on December 31 2014

SUPERVISOR JACOB Appoint James P Miller Jr to the COUNTY HEARING OFFICERS Seat No3 for a term to expire January 7 2013

Appoint Milton Cyphert to the LAKESIDE COMMUNITY PLANNING GROUP Seat No 10 for a terril to expire January 5 2015

Waive Board Policy A-74 CHizen Participation in County Boards Commissions and Committees and re-appoint Chad Enniss to the LAKESIDE DESIGN REVIEW BOARD Seat No1 for a term to expire November 3 2013

Waive Board Policy A-74 Citizen Participation in County Boards Commissions and Committees1 and re-appoint Robin G Clegg tomiddot the LAKESIDE DESIGN REVIEW BOARD Seat No2 for a term to expire November 3 2013

Re-appoint Frank I Hilliker to the LAKESIDE DESIGN REVIEW BOARD Seat No4 for a term to expire November 32013

CHIEF ADMINISTRATIVE OFFICER Appoint Awichu Akwanya to the COMMUNITY ACTION PARTNERSHIP ADMINISTERING BOARD Seat No 12 for a term to expire June 30 2014

Re-appoint Jasmin Kirkland to the COMMUNITY ACTION PARTNERSHIP ADMINISTERING BOARD Seat No 15 for a term to expire June 30 2014

Appoint Ann Durham RN FNP Esq to the COMMUNITY ACTION PARTNERSHIP ADMINISTERING BOARD Seat No6 for a term to expire June 30 2014

11108111 34

Re-appoint Nelson Leone to the COMMUNITY ACTION PARTNERSHIP ADMINISTERING BOARD Seat No7 for a tenn to expire June 30 2014

Re-appoint Sonia Ruiz to the COMMUNITY ACTION PARTNERSHIP ADMINISTERING BOARD Seat No8 for a tenn to expire June 30 2014

28 SUBJECT COMMUNITY ENHANCEMENT PROGRAM (DISTRICT 1)

OVERVIEW The County of San Diego is fortunate to have an opportunity to reinvest taxpayer money into our communities for the benefit of the public This action will assist the County in meeting the needs of the community

FISCAL IMPACT There is no fiscal impact associated with these recommendations These actions will result in the addition of no staff years and no future costs


RECOMMENDATION SUPERVISOR COX 1 Rescind the June 28 2011(1) allocation of $4800 from the Community

Enhancement budget (Org 12900) to Teatro Mascara Magica so the funds can be reallocated to other projects

2 Allocate $4800 from the Community Enhancement Program (Org 12900) to the Asian Story Theater to assist with costs for venue rentaL printing costumes perfonners and props for the 21 st Annual Production of La Pastorela

l Authorize the Chief Financial Officer to execute grant agreements with these organizations establishing tenns for receipt of the funds described above and to make minor amendments to the agreements that are consistent with the general purpose of the grant but do not increase the grant

4 Find that the grant awards described above have a public purpose

1110811 35

29 SUBJECT CLOSED SESSION (DISTRICTS ALL)

OVERVIEW A CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Subdivision (a) of Government Code section 549569 Felipe Garcia v James Grimm et al United States District Court Southern District No 06-CV -0225 WQH (PCL)

B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Government Code section 549569 (Number of Cases - 1)

C CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 549569 County of San Diego v San Diego Gas amp Electric and Cox Communications San Diego County Superior Court Nos 2008-00093084-CPU-PO~CTL and 2008shy00093085-CPU-PO-CTL

D CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code section 549569 (Number of Potential Cases - 1)

CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 549576) Designated Representatives Don Turko Susan Brazeau Nick Macchione Employee Organizations All

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

1108111 36

---------- ----- -_

BOARD OF SUPERVISORS

GREG cox First District

DIANNE JACOB Second District

COUNTY OF SAN DIEGO PA-f SLATERmiddotPRlCE

Third District

AGENDA ITEM RON ROBERTS Fourth District

BILL HORN Fifth District

DATE November 8 2011

TO Board of Supervisors

SUBJECT APPOINTMENTS (DISTRICT ALL)

SUMMARY

Overview These appointments are in accordance with applicable Board Policy A-74 Citizen Participation in County Boards Commissions and Committees Board Policy I-I Planning and Sponsor Group Policies and Procedures and Board Policy A -77 Appointments to Fill Vacancies and Cancellation of Election where Insufficient Nominations Filed Prior to Uniform District Election and Citizen Planning Group Election

Recommendation(s) CHAIRMAN HORN Waive Board Policy A-74 Citizen Participation in County Boards Commissions and Committees and re-appoint Thomas J Rappolt to the AIR POLLUTION CONTROL DISTRICT HEARING BOARD (APCDHB) Seat No9 for a term beginning on January 6 2012 and expiring on January 5 2015

Appoint Leah T Kapp to the HIDDEN MEADOWS COMMUNITY SPONSOR GROUP Seat No3 for a term to expire January 72013

Appoint Carl Wayne Dauber to the HIDDEN MEADOWS COMMUNITY SPONSOR GROUP Seat No5 for a term to expire January 72013

Appoint Ron Barbanell to the PAL A-PAUMA VALLEY COMMUNITY SPONSOR GROUP Seat No2 for a term to expire January 52015

Appoint Gary T Drake to the RAINBOW COMMUNITY PLANNING GROUP Seat No9 for a term to expire January 7 2013

Documentum Version 31

27

SUBJECT APPOINTMENTS

VICE CHAIRMAN ROBERTS Appoint Tom Behr to the MENTAL HEALTH BOARD Seat No 11 for a term beginning December 31 2011 and expiring on December 31 2014

SUPERVISOR JACOB Appoint James P Miller Jr to the COUNTY HEARING OFFICERS Seat No3 for a term to expire January 72013

Appoint Milton Cyphert to the LAKESIDE COMMUNITY PLANNING GROUP Seat No 10 for a term to expire January 5 2015

Waive Board Policy A-74 Citizen Participation in County Boards Commissions and Committees and re-appoint Chad Enniss to the LAKESIDE DESIGN REVIEW BOARD Seat No1 for a term to expire November 3 2013

Waive Board Policy A-74 Citizen Participation in County Boards Commissions and Committees and re-appoint Robin G Clegg to the LAKESIDE DESIGN REVIEW BOARD Seat No2 for a term to expire November 32013

Re-appoint Frank I Hilliker to the LAKESIDE DESIGN REVIEW BOARD Seat No 4 for a term to expire November 3 2013



Appoint Ann Durham RN FNP Esq to the COMMUNITY ACTION PARTNERSHIP ADMINISTERING BOARD Seat No6 for a term to expire June 302014

Re-appoint Nelson Leone to the COMMUNITY ACTION PARTNERSHIP ADMINISTERING BOARD Seat No7 for a term to expire June 30 2014

Re-appoint Sonia Ruiz to the COMMUNITY ACTION PARTNERSHIP ADMINISTERING BOARD Seat No8 for a term to expire June 30 2014

Fiscal Impact NA

Business Impact Statement NA

-2shy


Advisory Board Statement NA

BACKGROUND County government includes those standing and special CItizen boards COnll111SSlOnS cornmittees and task forces formed to advise the Board of Supervisors and County staff on issues of policy and to serve as links to the community County committees are created as a result of State and Federal legislation agreements with public or private agencies and local needs

Linkage to the County of San Diego Strategic Plan The proposed appointments enable the standing and special citizen Boards Commissions Committees Groups and Task Forces to continue to function as designed without interruption This appointment enables the County of San Diego to provide individual citizens the opportunity to impart valuable insight and input into the operation of the government Recommendations made by these Boards Commissions Committees Groups and Task Forces pertain to the environment and quality of life of the citizens of the County of San Diego

Respectfully submitted

WALTERFEKARD Chief Administrative Officer

ATTACHMENT(S) Nomination Letters

- 3 shy


AGENDA ITEM INFORMATION SHEET

REQUIRES FOUR VOTES [] Yes [X] No

WRITTEN DISCLOSURE PER COUNTY CHARTER SECTION 10001 REQUIRED [] Yes [X] No

PREVIOUS RELEVANT BOARD ACTIONS NA

BOARD POLICIES APPLICABLE Board Policy A-74 Citizen Participation in County Boards Commissions and Committees Board Policy I-I Planning and Sponsor Group Policies and Procedures Board Policy A-77 Appointments to Fill Vacancies and Cancellation of Election where Insufficient Nominations Filed Prior to Uniform District Election and Citizen Planning Group Election

BOARD POLICY STATEMENTS NA

MANDATORY COMPLIANCE NA

ORACLE AWARD NUMBER(S) AND CONTRACT ANDOR REQUISITION NUMBER(S) NA

ORIGINATING DEPARTMENT Clerk of the Board ofSupervisors

OTHER CONCURRENCE(S) NIA

CONTACT PERSON(S)

Grace Andoh Name Name 619-531-5600 Phone Phone 619-685-2259 Fax Fax

Mail Station Mail Station graceandohsdcountycagov E-mail E-mail

A-45

Approval Log

Approval Log For

COB 110811 Appt Supporting docspdf

COB Nov 8 2011 Appointmentsdoc

Approvers lAPProvers Job Title IApprovers IITime and Date of Final Name Department Approval

ilDavid Hall Assistant Clerk of the I [Board Clerk of the Board 1142011 9 1804 AM

I

fileIICIDocuments and SettingskbarclayDocumentumViewedApproval Logl140800c7278015e771htm[1142011 9 1933 AM]

COUNTY OF l DIEGO BOA Rli nr- lt~~ J (1)S

_ J )1

2011 NOV Y AM 8 17 GREG Cox THOMAS J

SUPERVISOR FIRST DISTRICT CLERK OFSan Diego County Board of Supervisors

OF SU

28 DATE November 82011

TO BOARD OF SUPERVISORS

SUBJECT COMMUNITY ENHANCEMENT PROGRAM (DISTRICT 1)

SUMMARY The County of San Diego is fortunate to have an opportunity to reinvest taxpayer money into our communities for the benefit of the public This action will assist the County in meeting the needs of the community

RECOMMENDATIONS SUPERVISOR GREG COX

1 Rescind the June 282011(1) allocation of $4800 from the Community Enhancement budget (Org 12900) to Teatro Mascara Magica so the funds can be reallocated to other projects

2 Allocate $4800 from the Community Enhancement Program (Org 12900) to the Asian Story Theater to assist with costs for venue rental printing costumes performers and props for the 21 st Annual Production of La Pastorela

3 Authorize the Chief Financial Officer to execute grant agreements with these organizations establishing terms for receipt of the funds described above and to make minor amendments to the agreements that are consistent with the general purpose of the grant but do not increase the grant


Fiscal Impact There is no fiscal impact associated with these recommendations These actions will result in the addition of no staff years and no future costs

County Administration Center 1600 Pacific Highway Room 335 San Diego CA 92101 (619) 531-5511 bull Fax (619) 235-0644 wwwgregcoxcom

Email gregcoxsdcountycagov

SUBJECT COMMUNITY ENHANCEMENT PROGRAM AMENDMENTS (DISTRICT 1)

BACKGROUND

The grant awarded to Teatro Mascara Magica is recommended to be rescinded because the organization is no longer eligible to accept the grant award Asian Story Theater is a separate non~profit organization that will accept the grant for producing La Pastorela


~~4t Supervisor First District



CONCURRENCE(S)

COUNTY COUNSEL REVIEW Written Disclosure per County Charter Section 10001 Required

[X] Yes [] Yes [X] No

GROUPAGENCY FINANCE DIRECTOR [] Yes [X] NA

CHIEF FINANCIAL OFFICER Requires Four Votes

[] []

Yes Yes

[X] NA [X] No

GROUPAGENCY INFORMATION TECHNOLOGY DIRECTOR [] Yes [X] NA

COUNTY TECHNOLOGY OFFICE [] Yes [X] NA

DEPARTMENT OF HUMAN RESOURCES [] Yes [X] NA

Other Concurrence(s) NA

ORIGINATING DEPARTMENT

CONTACT PERSON(S) Gregory R Murphy (619) 531-5511

I


GREG COX First District COUNTY OF SAN DIEGO DIANNE JACOB

Second District

PAM SLATER-PRICE Third District

AGENDA ITEM RO]gtROBERTS

Fourth District

BlLLHORN Fifth District



SUBJECT CLOSED SESSION (DISTRICTS ALL)

SUMMARY

Overview A CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Subdivision (a) of Government Code section 549569 Felipe Garcia v James Grimm et al United States District Court Southern District No 06-CV-0225 WQH (PCL)

B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) ofGovernment Code section 549569 (Number of Cases - 1)

C CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 549569 County of San Diego v San Diego Gas amp Electric and Cox Communications San Diego County Superior Court Nos 2008-00093084shyCPU-PO-CTL and 2008-00093085-CPU-PO-CTL

D CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code section 549569 (Number ofPotential Cases - 1)

E CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 549576) Designated Representatives Don Turko Susan Brazeau Nick Macchione Employee Organizations All

F PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code section 54957) Title Chief Administrative Officer

Documentum Version 3_1 - 1 shy

29

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CLERK OF THE BOARD OF SUPERVISORS BOARD OF SUPERVISORS MEETING WEDNESDAY NOVEMBER 92011 Legislative Services Section (619) 531-5434

INDEX

Revised Pages

WITHDRAWN ITEM -REVISED AGENDA PAGEAND BACKUP

2 GENKRAL PLAN PROPERTY SPECIFIC REQUESTS WORKSHOP

This item has been withdrawn at the request of the Chief Administrative Officer The item will be considered by the Board of Supervisors on Monday January 9 2012 Additional hearing days have been reserved onTuesday January 10 and W~dnesday January 11 2012 in the event that they are needed for the workshop


9 PUBLIC NUISANCE CONDITIONS CAUSED BY EYE GNAT BREEDING AT ORGANIC FARMS


REVISION 1

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY NOVEMBER 092011 Board of Supervisors North Chamber

1600 Pacific Highway Room 310 San Diego California

A Roll Call

B Approval of Statement of Board of Supervisors ProceedingslMinutes for the Meeting October 262011

C Public Communication Opportunity for Members of the Public to Speak to the Board on any Subject Matter Within the Boards Jurisdiction but not an Item on Todays Agenda

Board of Supervisors Agenda Items

1 NOTICED PUBLIC HEARING MOUNT OLYMPUS PRESERVE - ACQUISITION OF 8643 ACRES FOR OPEN SPACE (RICHARD L OSWALD) (10122011- SET HEARING 1192011shyHOLD HEARING) [FUNDING SOURCE(S) GENERAL PURPOSE REVENUES AND WILL BE PROVIDED FOR IN FUTURE OPERATIONAL PLANS] (4 VOTES)

2 GENERAL PLAN PROPERTY SPECIFIC REQUESTS WORKSHOP laquohis item has been withdrawn at the request ofthe ChiefAdministrative OUicer The item will be considered by the Board of Supervisors on Monday January 9 2012 Additional hearing days have been reserved on Tuesday January 10 and Wednesday January 11 2012 in the event that they are needed tor the workshop)

3 TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (11092011 shyADOPT RECOMMENDATIONS 121072011 - SECOND READING OF ORDINANCES)

4 AUTHORIZATION FOR INCREASE IN SOLE SOURCE PROCUREMENT OF MOSQUITO LARVICIDES FOR AERIAL AND LAND APPLICATION TO PREVENT vf0SQUITO-BORNE DISEASES [FUNDING SOURCE(S) VECTOR CONTROL BENEFIT ASSESSMENT]

5 ESTABLISHMENT OF APPROPRIATIONS AND APPROVAL OF FOURTH AMENDMENT TO JOINT POWERS AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND RAMONA UNIFIED SCHOOL DISTRICT FOR IMPROVEMENTS AT RAMONA COMMUNITY SCHOOL [FUNDING SOURCE(S) RAMONA LOCAL PARK PLANNING AREA PLDO FUND] (4 VOTES)

11109111 1

6 COUNTY OF SAN DIEGO TRACT NO 5474-1 (PERSIMMON DEVELOPMENT CONDOMINIUMS) APPROVAL OF FINAL MAP LOCATED IN THE PEPPER DRIVE-BOSTONIA COMMUNITY PLANNING AREA

7 RESOLUTION NAMING THE SPRING VALLEY COMMUNITY CENTER COMPUTER LAB THE COX TECH CENTER

8 NOTICED PUBLIC HEARING PINE VALLEY - ACQUISITION OF 4144 ACRES FOR OPEN SPACE (DAT U JOE REALTY INC) (10122011 - SET HEARING 11192011 HOLD HEARING) [FUNDING SOURCE(S) GENERAL PURPOSE REVENUES AND WILL BE PROVIDED FOR IN FUTURE OPERATIONAL PLANS]


Supporting documentation and attachments for items listed on this agenda can be viewed online at wwwsdcountycagovcoblbosal or in the Office of the Clerk of the Board of Supervisors at the County Administration Center 1600 Pacific Highway Room 402 San Diego CA 92101

110911 2

1 SUBJECT NOTICED PUBLIC HEARING MOUNT OLYMPUS PRESERVE - ACQUISITION OF 8643 ACRES FOR OPEN SPACE (RICHARD L OSWALD) (10122011 - SET HEARING 1192011 - HOLD HEARING)

(DISTRICT 5)

OVERVIEW The County has identified 8643 acres of southern mixed chaparral and coast live oak woodland habitat in the community of Pala located in unincorporated North County for inclusion in the Countys Mount Olympus Preserve This property is located west of Pal a-Temecula Road north of Pal a Road (Highway 76) and south of the Riverside County line bisected by Mount Olympus Drive (2011 Thomas Guide page 999 E-5) The appraised value ofthe property is $525000

On August 6 2008 (9) the Board of Supervisors approved an Encroachment Protection Agreement with the United States Department of the Navy (DON) to acquire open space land through the Department of Defenses Readiness and Environmental Protection Initiative Under the provisions of the Agreement when suitable properties are identified by the DON and the County for acquisition the County acquires fee ownership and grants a restrictive easement to the DON Under the Encroachment Protection Agreement the DON pays up to 50 of the fee value for its purchase of the restrictive easement and has agreed to pay $262500 to acquire a restrictive easement over the Oswald property and the County will pay the $262500 balance to acquire the property

Todays request requires two steps On October 12 2011 it is requested that the Board set a hearing for November 9 2011 and provide public notice of the hearing If the Board takes the actions recommended for October 12 2011 then on November 9 2011 after making the necessary findings the Board is requested to approve the purchase of Assessors Parcel Number 109-411-24 for the appraised value of $525000 from Richard L Oswald

FISCAL IMPACT Funds for this request are budgeted in the Fiscal Year 2011-12 Operational Plan for the Capital Multiple Species Conservation Program (MSCP) Acquisitions Fund If approved this request will result in current year costs of $651300 and revenue of $262500 Costs are itemized as follows $525000 for the property acquisition $34000 for staff and appraisal expenses to complete the transaction $2300 for escrow and title and $90000 for one-time stewardship activities including signage gates and fencing Revenue of $262500 is based on the sale of a restrictive easement to the United States Department of the Navy The purchase of the property by the County and sale of the restrictive easement to the United States Department of the Navy (DON) will occur simultaneously through escrow Total annual cost for land stewardship is estimated at $8600 In addition there will be an annual cost of $2418 for fixed charge assessments including water stand-by charges and vector control

11109111 1

REVISION 1

The funding source will be General Purpose Revenues and will be provided for in future Operational Plans There will be no change in current year net General Fund

costs and no additional staff years


RECOMMENDATION CHIEF ADMINISTRATIVE OFFICER 1 Find in accordance with Section 15325 of the CEQA Guidelines that the

purchase of APN 109-411-24 is categorically exempt from the provisions of CEQA as it involves the transfer of ownership of land to preserve open space and natural conditions

2 Approve the Purchase and Sale Agreement and Joint Escrow Instructions (Agreement) for the purchase of APN 109-411-24 for the appraised value of $525000 from Richard L Oswald and authorize the Director of the Department of General Services to execute two originals of the Agreement

3 Approve the Easement Purchase Agreement between the United States of America Department of the Navy and the County for the Navys purchase of a restrictive easement over APN 109-411-24 from the County for $262500

4 Authorize the Director of the Department of General Services or designee to execute all escrow and related documents including granting a restrictive easement to the United States of America Department of the Navy necessary to complete the purchases

5 Establish appropriations of $262500 in the Capital MSCP Acquisition Fund for Mt Olympus Acquisition based on unanticipated revenue from the United States of America Department of the Navy (4 VOTES)

2 SUBJECT GENERAL PLAN PROPERTY SPECIFIC REQUESTS WORKSHOP (DISTRICTS ALL) (This item has been withdrawn at the request of the Chief Administrative Officer The item will be considered by the Board ofSupervisors on Monday January 9 2012 Additional hearing days have been reserved on Tuesday January 10 and Wednesday January 11 2012 in the event that they are needed for the workshop)

OVERVIEW On August 3 2011(1) the Board of Supervisors adopted the General Plan Update After adoption of the General Plan Update the Board directed staff to hold a workshop to review property specific requests that had arisen during public testimony on the General Plan Update that were not included in the adopted plan The Board also asked that each request be evaluated against the General Plan Guiding Principles and for potential impact to the Forest Conservation Initiative remapping efforts This

Il10911 2

analysis and other relevant information on the 140 remaining requests are included in this staff report for use aI)d consideration during the workshop The number of remaining requests has been reduced from 187 to 140 because those requests already considered by the Board are not included

FISCAL IMPACT There are no fiscal impacts associated with this workshop If the Board provides staff with specific direction for further action the fiscal impacts of that action will be addressed at a subsequent meeting as part ofa detailed workplan


RECOMMENDATION CHIEF ADMINISTRATIVE OFFICER 1 Receive this report of staffs review of property specific requests for amendments

to the Countys General Plan

2 Provide direction to staff on any desired actions related to the property specific requests

3 [f further action is desired direct the Chief Administrative Officer to return to the Board with a workplan including cost and schedule estimates for completing the workplan

3 SUBJECT TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (11092011 - ADOPT RECOMMENDATIONS 120712011 shySECOND READING OF ORDINANCES) (DISTRICTS 2 amp 5)

OVERVIEW The Traffic Advisory Committee meets every six weeks to review proposed additions deletions or changes to regulatory traffic controls Eight items were on the Committees September 162011 meeting agenda The Committee recommends your action on all eight items

This action requires two steps On November 9 2011 the Board will consider eight Traffic Advisory Committee items [f the Board takes action on November 9 2011 then on December 7 2011 a second reading of Ordinances amending Section 721675 (Item 2-A) adding Section 72163551 (Item 2-B) amending Section 72169922 and deleting Section 72169923 (Item 2-E) of the San Diego County Code ofRegulatory Ordinances is necessary to implement the Boards direction

FISCAL IMPACT Funds for this proposal are included in the Department of Public Works Road Fund Fiscal Year 2011-12 Operational Plan [f approved there will be no change in net General Fund cost and require no additional staff years

11109111 3

BUSINESS IMPACT STATEMENT NA RECOMMENDATION TRAFFIC ADVISORY COMMITTEE District 2

2-A Paradise Valley Road from San Diego City Limit easterly to Elkelton Boulevard (2010 Thomas Guide Page 1290 J-5) LA PRESA -shy Reduce the existing 50 MPH speed limit to 45 MPH and direct certification for radar speed enforcement

2-B Maya Street from Luther Drive easterly to Jamacha Boulevard (2010 Thomas Guide Page 1291 C-3) SPRING VALLEY -shy Establish a 40 MPH speed limit

and direct certification for radar speed enforcement

2-C Proctor Valley Road from State Route 94 southerly to a point 1600 feet north of Calle Bueno Ganar (2010 Thomas Guide Page 1292 H-2) JAMUL -- Direct the existing40 MPH speed limit be recertified for continued radar speed enforcement

2-D Willows Road from Viejas Grade easterly to a point 2770 feet west of Mile Post 2 and from a point 850 feet west of Mile Post 2 easterly to Alpine Boulevard (2010 Thomas Guide Page 1235 A-5) ALPINE -shy Direct the existing 50 MPH speed limit be recertified for continued radar speed enforcement

2-E South Grade Road from Alpine Boulevard southerly to a point 2000 feet south ofViejas Grade (2010 Thomas Guide Page 1254C-l) ALPINE -shy Direct the existing 45 MPH speed limit be recertified for continued radar speed enforcement Direct this segment and the adjacent westerly segment from a point 2000 feet south of Viejas Grade westerly to Tavern Road be combined into one 45 MPHIRadar Enforced zone bull

District 5

5-A Ammunition Road south side between Alturas Street and South Mission Road (2010 Thomas Guide Page 1027 B-4) FALLBROOK -shy Establish parking prphibitions from the west line of Mission Road westerly 470 feet and from a point 730 feet east of the east line of Alturas Road easterly 230 feet

5-B Mac Tan Road from Valley Center Road northerly to End of CountyshyMaintenance (2010 Thomas Guide Page 1091 A-I) VALLEY CENTER -shyDirect the existing 40 MPH speed limit be recertified for continued radar speed enforcement

5-C La Orilla from EI Camino Real easterly to Rambla de Las Flores (2010 Thomas Guide Page 1168 A-4) RANCHO SANTA FE -shy Direct the existing 40 MPH speed limit be recertified for continued radar speed enforcement

11109111 4

REVISION 1

2 Approve the Purchase and Sale Agreement and Joint Escrow Instructions (Agreement) for the purchase of APNs 410-120-19 and 410-060-31 from Dat U Joe Realty Inc for the appraised value of $1220000 and authorize the Director of the Department of General Services to execute two originals of the Agreement

3 Approve the Purchase and Sale Agreement and Joint Escrow Instructions (Agreement) for the purchase of APN 410-120-32 for the appraised value of $398000 from Dat U Joe Realty Inc and authorize the Director of the Department of General Services to execute two originals of the Agreement

4 Cancel appropriations and related revenue of $42000 in the Capital Multiple Species Conservation Program (MSCP) Acquisition Fund due to payment for one-time stewardship activities

5 Transfer appropriations of $42000 from the Contributions to Capital Outlay Fund Operating Transfer Out to the Department of Parks and Recreation services and supplies for one-time stewardship activities

6 Authorize the Director of the Department of General Services or designee to execute all escrow and related documents including the grant deed for the transfer of OSS-acres in fee to the Pine Valley Mutual Water Company (PVMWC) necessary to complete the purchases

9 SUBJECT PUBLIC NUISANCE CONDITIONS CAUSED BY EYE GNAT BREEDING AT ORGANIC FARMS (DISTRICTS ALL)

OVERVIEW Residents of Jacumba and Escondido have endured infestations of eye gnats for years In Jacumba the source of the eye gnats was proven to be Bornt Farms an organic farm adjacent to the community For the past three years the Farm amp Home AdvisorlUniversity of California Cooperative Extension has been conducting research to identify measures for the farmer to implement to impede eye gnat breeding

For the last two years the Department of Environmental Health has initiated a voluntary agreement with the Jacumba farmer to apply eye gnat prevention measures at the farm While there has been a reduction in the number of eye gnats caught in traps the eye gnats are still adversely affecting the community and the farmer has not consistently complied with the voluntary agreement

Research has also shown that an organic farm in the San Pasqual Valley is producing great numbers of eye gnats causing widespread irritation to residents in Escondido and Rancho Bernardo While the farmer has agreed to implement management practices recommended by the Farm amp Home Advisor residents remain concerned that eye gnats cOntinue to negatively impact the community

Todays action directs the Chief Administrative Officer to work with the Farm Bureau and other interested parties and return in 90 days with recommendations

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outlining an approach that would address the eye gnat problem A tougher strategy is needed to address this issue with the goal of reducing the eye gnats to an acceptable level to lessen adverse impacts on residents

FISCAL IMPACT There is no fiscal impact to this action


RECOMMENDATION SUPERVISOR JACOB AND SUPERVISOR SLATER-PRICE Direct the Chief Administrative Officer to work with the Farm Bureau and other interested parties and return in 90 days with recommendations outlining an approach that would address the eye gnat problem

110911 12

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GREG COX First District

COUNTY OF SAN DIEGO DIANNE JACOB Second District

PAi SLATERmiddotPRICE Third District

LAND USE AGENDA ITEM RON ROBERTS Fourth District


DATE November 92011


SUBJECT GENERAL PLAN PROPERTY SPECIFIC REQUESTS WORKSHOP DISTRICTS ALL This item has been withdrawn at the request ofthe ChiefAdministrative Officer The item will be considered by the Board of Supervisors on Monday January 9 2012 Additional hearing days have been reserved on Tuesday January 10 and Wednesday January 11 2012 in the event that they are needed for the workshop

SUMMARY

Overview On August 3 2011(1) the Board of Supervisors adopted the General Plan Update After adoption of the General Plan Update the Board directed staff to hold a workshop to review property specific requests that had arisen during public testimony on the General Plan Update that were not included in the adopted plan The Board also asked that each request be evaluated against the General Plan Guiding Principles and for potential impact to the Forest Conservation Initiative remapping efforts This analysis and other relevant information on the 140 remaining requests are included in this staff report for use and consideration during the workshop The number of remaining requests has been reduced from 187 to 140 because those requests already considered by the Board are not included

Recommendation(s) cHIEF ADMINISTRATIVE OFFICER 1 Receive this report of staffs review of property specific requests for amendments



3 If further action is desired direct the Chief Administrative Officer to return to the Board with a workplan including cost and schedule estimates for completing the workplanmiddot1

Fiscal Impact There are no fiscal impacts associated with this workshop If the Board provides staff

with specific direction for further action the fiscal impacts of that action will be


SUBJECT GENERAL PLAN PROPERTY SPECIFIC REQUESTS WORKSHOP (DISTRICT ALL)

addressed at a subsequent meeting as part of a detailed workplan



BACKGROUND On August 3 2011(1) the Board of Supervisors adopted the General Plan Update After adoption of the General Plan Update the Board directed staff to hold a workshop to review property specific requests (PSRs) that had arisen during public testimony on the General Plan Update and that were not included in the adopted plan The Board also asked that each request be evaluated against the General Plan Guiding Principles and for potential impact to the Forest Conservation Initiative (FCI) remapping efforts

PSRs originated from public testimony during the first three Board of Supervisors hearings on the General Plan Update October 20 (1) November 10 (1) and December 8 2010 (1) A PSR is a petition by a property owner or other entity for the Board of Supervisors to consider a different land use designation on a specific property than what had been recommended by staff and the Planning Commission At the conclusion of the December 8th hearing the Board directed staff to inventory and evaluate these PSRs

An initial list of the requests was published on January 3 2011 and the public was asked to review the list to ensure that it was complete Staff prepared draft analyses of the requests which were made available for public review on January 28 2011 and comments or corrections from the public were requested by February 182011 Additionally the draft analyses were presented to the Board on February 9 2011 (1) After the three week public review period staff updated the responses and evaluations based on comments received and additional staff review and presented the updated report to the Board on March 16 2011 (1)

In the analysis each property request was categorized based on the level of change to the General Plan Update necessary to accommodate the request using the categories of Minor Moderate and Major Minor categories indicated changes consistent with the General Plan Update Guiding Principles which required limited additional environmental analysis Moderate changes also could be consistent with the General Plan Update Guiding Principles but would require recirculation of the General Plan Update Environmental Impact Report Major categories were considered inconsistent with the General Plan Update Guiding Principles and would require more fundamental and extensive changes to the General Plan Update and associated environmental documents A total of 232 requests were analyzed and were categorized as 83 Minor 60 Moderate and 89 Maj or On March 16 2011 (1) the Board directed staff to review the PSRs under the Moderate and Major categories to detennine if there were alternatives that could be suggested to allow them to be considered Minor changes to the plan

On April 13 2011 (1) the Board considered all the analyses that had been generated by staff and then directed staff to make changes to the Land Use Map based on 58 of the 232 requests On August 32011 (1) the General Plan Update was adopted incorporating the 58 PSRs as directed

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by the Board in April The Staff reports for October 20 2010 and February 9 March 16 and April 13 2011 are available in Attachment A

Remaining Property Specific Requests On April 13 2011 (1) the Board considered PSRs under the Minor category including compromise alternatives recommended by staff for PSRs categorized as Major and Moderate and then directed staff to make changes to the Land Use Map based on 58 of the 232 PSRs evaluated Generally these changes were the same as the property owner request however for 12 of the PSRs the Board approved the compromise alternative recommended by staff in the April 13th staff report (included in Attachment A) If the Board took action on a request such as supporting staffs recommendation or a compromise that satisfied the property owner then these requests are not analyzed in this staff report

In this report staff has provided an updated version of the analysis prepared for each of the 140 remaining requests Pursuant to Board direction this analysis has been supplemented with a discussion of any changes necessary to the General Plan Update Guiding Principles to support the request along with the potential impact to the timeline for preparing a General Plan Amendment for the FCI lands Additional changes that may be necessary to other aspects of the General Plan are also discussed such as changes to the Land Use Map and goals and policies These evaluations are discussed further below

Guiding Principle Changes Necessary to Support the Request Pursuant to Board direction each request contains an evaluation as to whether changes to the General Plan Update Guiding Principles are necessary to support the request In conducting this evaluation it is important to recognize that the Guiding Principles are not simply a set of statements and cannot be interpreted by simply reading those statements Rather the Guiding Principles are expressions of the General Plan Update bottom-up planning process which included significant discussions and documentation about the intent of the General Plan Update and hearings with the Planning Commission and Board to verify direction of this planning process To fully understand the Guiding Principles the entire record that they are based on must be considered The concept is represented in the following graphic

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Building Blocks of the General Plan Update Guiding Principles

Evaluation of the Guiding Principles requires consideration of the entire record on which they are based and implemented

General Plitn~lttulpter 2 VisiOrlandGufdirig Prmclples

J

Board Endorsed Draft Land Use Maps

Board Endorsed Land Us Framework and Mapping Principles

Staff RepOrts and Testimony from over 50 Public Hearings

Steering Committee Interest Group Planning Group and other Public Meetings (OVer 500)

This thorough consideration of the Guiding Principles and their record is required for two reasons First the law requires that general plan decisions be made based on a deliberative process that is not arbitrary or capricious This record serves as the basis for that deliberative process

Additionally state law requires consistency throughout a general plan The process described above resulted in the consistent interPretation and application of the General Plan Guiding Principles Therefore if the County chooses to implement the Guiding Principles differently for a single property it risks establishing an inconsistent basis for applying the Guiding Principles to other similar properties

The requests that are within the Major category were previously identified as requiring a change to the Guiding Principles This is because the request is not supported by the Guiding Principles with consideration of the 10 Guiding Principles the record and how the Guiding Principles have been implemented in other circumstances In order for the request to be supported a General Plan Amendment is required to modify the Guiding Principles and generate a new record of public outreach and a review that supports the modifications such as community planning group and other public meetings environmental review Planning Commission and Board of SupervIsors hearings

Additional discussion on the most relevant Guiding Principles and their interpretation is provided in Attachment B

Other General Plan Changes Necessary to Support the Request In preparation for this workshop each request was evaluated for other possible changes to the General Plan necessary to support the request These changes are primarily needed to maintain consistency within the General Plan For example an identified property may be surrounded by several properties with similar characteristics Therefore if the General Plan is to be changed to

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satisfy the request those surrounding properties should also be changed Where possible staff specifically identified the areas that would require changes

Any changes to the Guiding Principles would likely result in a need for widespread mapping changes It is difficult to determine what the extent of those changes might be without knowing specifically how the Guiding Principles would be modified Therefore in these cases the staff analysis is more general and further detail could be provided if specific possible changes were identified

Impact to Forest Conservation Initiative Remapping Timeline Pursuant to Board direction each request was also considered for whether or not it would impact the planning process to remap the FCI lands These lands are areas that were affected by a voter initiative when the General Plan Update was being prepared therefore they were not included in the General Plan Update Per the Boards direction a separate General Plan Amendment is now being processed to bring these lands into conformance with the remainder of the General Plan As with the adopted General Plan the land use changes to the FCI lands are based on the General Plan Guiding Principles Changing the Guiding Principles to accommodate PSRs under the Major category would result in the greatest potential impact to the FCI lands planning process This would require all the draft land use maps for the FCI lands to be reevaluated in light of the revised Guiding Principles

Changes to the Land Use Map that do not also involve changes to the Guiding Principles could also impact the FCI lands planning process When remapping the FCI lands the land use designation of adjacent parcels was closely considered Therefore the draft land use maps for the FCI lands would also need to be reevaluated if any land use changes are made to accommodate PSRs adjacent to FCI lands

Workplan for Changing the General Plan Should the Board decide to direct changes to the General Plan the extent and type of changes will determine the additional work required and the needed support by staff and consultants Any change to the General Plan must occur through a General Plan Amendment in compliance with state law At a minimum state law requires that all General Plan Amendments include coordination with other agencies and tribes review by the public documentation and analysis necessary to comply with the California Environmental Quality Act (CEQA) a recommendation by the Planning Commission and a hearing with the Board of Supervisors

Once the Board provides direction concerning the specific changes to the General Plan resulting from this workshop staff will prepare a workplan to accommodate those changes This workplan will include the recommended planning process along with the estimated timeline and costs necessary to accomplish the changes as directed by the Board Four potential workplan scenarios ranging from none to major changes are identified below

bull No Changes - Under this scenario the Board does not direct changes to the General Plan However mapping clean-ups will occur as planned every other year to address errors open space purchases and other minor updates These clean-ups would be supported by existing staffing and funding The first cleanup will occur in calendar year 2012 Additionally privately requested General Plan Amendments could still be initiated

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pursuant to Board Policy 1-63 at any time and would be paid for by the applicant The Board would also have the ability to initiate other General Plan Amendments in the future

bull Minor Changes Only - These are changes that do not conflict with the General Plan Guiding Principles and do not require s~bstantial additional analysis for environmental impacts In order to amend the General Plan some additional environmental documentation would be prepared as would any edits necessary to the General Plan documents The estimated timeframe for the Minor scenario is 12 months with an estimated cost of up to $300000 for staff and consultant services to support this approach Some Minor changes are considered controversial andor would alter changes already made to the project by previous Board or Planning Commission direction This controversy could add complexity and cost to the process

bull Minor and Moderate Changes Only These are changes that do not conflict with the General Plan Guiding Principles but may require more detailed analysis For Minor and Moderate changesmiddot staff would prepare a General Plan Amendment with edits to the necessary General Plan documents perform additional environmental analyses and prepare necessary environmental documents pursuant to CEQA The estimated time frame for the Moderate scenario is 18-24 months with an estimated cost of $700000 in additional staff and consultant costs depending upon the complexity of the changes It should be noted that some Moderate changes are controversial and could result in much higher costs and longer processing times

bull Minor Moderate and Major Changes - Major changes are not supported by the General Plan Guiding Pririciples and would require more fundamental changes to the General Plan Therefore revisions to the General Plan Guiding Principles and associated goals policies and mapping concepts are assumed In many cases the revisions will also trigger widespread changes to the General Plan Land Use Map to maintain consistency among similar properties throughout the unincorporated area Minor and Moderate changes could be included in this scenario but the Major changes would drive the time line and cost In order to formulate the fundamental changes that Major requests require it may be advantageous to coordinate their development with stakeholders the Planning Commission and the Board to ensure adequate public participation and staff guidance Substantial new environmental analysis and documentation is also anticipated for Major changes A new Environmental Impact Report will likely be necessary as will the technical analysis that supports the preparation of that report The changes will also require additional traffic modeling and will likely affect the General Plan Mobility Element road network and the Countys Transportation Impact Fee (TIF) program The estimated minimum timeframe for the Major scenario is 30 to 54 months with an approximate minimum cost of $4 million for staff and consultants Under this scenario both the cost and time estimates have the potential to be far greater depending on the level of complexity and controversy of the changes

Environmental Statement

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This workshop is not a project as defined by CEQA and therefore no environmental documentation is required at this time Should the Board decide to direct changes to the General Plan those changes will require a General Plan Amendment The process to approve a General Plan Amendment is outlined in state law and is considered a project subject to CEQA

Linkage to the County of San Diego Strategic Plan The General Plan Update is consistent with the Countys Strategic Initiatives for Kids the Environment and Safe and Livable Communities by implementing goals and policies for the physical development of the unincorporated county that attempt to improve housing affordability locate growth near infrastructure services and jobs assign densities based on characteristics of the land (eg topography habitats and groundwater resources) and create a model for community development


SARAH E AGHASSI Deputy Chief Administrative Officer

ATTACHMENT(S) Attachment A - Staff Reports for the General Plan Update Attachment B - Guiding Principles Background Attachment C - Property-Specific Requests Analysis

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AGENDA ITEM INFORMATION SHEET I

REQUIRES FOUR VOTES [] Yes [X]middot No


PREVIOUS RELEVANT BOARD ACTIONS August 3 2011 (1) Directed staff to evaluate all remaining property specific requests and to schedule a workshop with the Board for review

BOARD POLICIES APPLICABLE NA



ORACLE AWARD NUMBER(S) AND CONTRACT ANDOR REQUISITION NUlVIBER(S) NA

ORIGINATING DEPARTMENT Department of Planning and Land Use

OTHER CONCURRENCE(S) NA

CONTACT PERSON(S) Devon Muto Eric Gibson Name Name 858-694-3016 858-694-2962 Phone Phone 858-467-9314 Fax Fax 0-650 0-650 Mail Station Mail Station DevonMutosdcountycagov Eric Gibsonsdcountycagov E-mail E-mail

COUNTY OF SAN DIEGt1l NOV 2 Prl 3 16

BOARD OF SUPERVISORS THOMAS J 1- USZKA 1600 PACIFIC HIGHWAY ROOM 335 SAN DIEGO CALIFORNIA 9~~E147Q O~ c a0 A R D

OF SUf ~~rs lt AGENDA ITEM

9DATE November 92011


SUBJECT PUBLIC NUISANCE CONDITIONS CAUSED BY EYE GNAT BREEDING AT ORGANIC FARMS (DISTRICT ALL)

SUMMARY

Overview Residents of Jacumba and Escondido have endured infestations of eye gnats for years In Jacumba the source of the eye gnats was proven to be Bornt Farms an organic farm adjacent to the community For the past three years the Farm amp Home AdvisorfUniversity of California Cooperative Extension has been conducting research to identifY measures for the farmer to implement to impede eye gnat breeding

For the last two years the Department of Environmental Health has initiated a voluntary agreement with the Jacumba farmer to apply eye gnat prevention measures at the farm While there has been a reduction in the number of eye gnats caught in traps the eye gnats are still adversely affectmg the community and the farmer has not consistently complied with the voluntary agreement

Research has also shown that an organic farm in the San Pasqual Valley is producing great numbers of eye gnats causing widespread irritation to residents in Escondido and Rancho Bernardo While the farmer has agreed to implement management practices recommended by the Farm amp Home Advisor residents remain concerned that eye gnats continue to negatively impact the community

Todays action directs the Chief Administrative Officer to work with the Farm Bureau and other interested parties and return in 90 days with recommendations outlining an approach that would address the eye gnat problem A tougher strategy is needed to address this issue with the goal of reducing the eye gnats to an acceptable level to lessen adverse impacts on residents


SUBJECT ~UBLIC NUISANCE CONDITIONS CAUSED BY EYE GNAT BREEDING AT ORGANIC FARMS (DISTRICT ALL) I

Recommendation(s) ~UPERVISOR DIANNE JACOB AND SUPERVISOR PAM SLATER-PRICE Direct the Chief Administrative Officer to work with the Farm Bureau and other interested parties and return in 90 days with recommendations outlining an approach that would address the eye gnat problem I

Fiscal Impact There is no fiscal impact to this action



BACKGROUND Eye gnats are tiny insects that breed in irrigated agriculture areas in the warmer climates of the southern United States They become a nuisance to humans and animals when they attack the eyes nose and mouth seeking a protein Source for their breeding While eye gnats are endemic in San Diego County farming operations can dramatically increase eye gnat breeding

Residents of Jacumba have registered complaints about eye gnats hindering their ability to go outside of their homes which has a significant negative impact on their quality of life Long suspected as the source of the eye gnats was Bornt Farms an organic farm whose crops are grown adjacent to the community of Jacumba The eye gnat problem increased as Bornt Farms increased the acreage of its production crops Due to organic farming regulations organic farms are not allowed to use pesticides that would normally keep eye gnats under controL

In 2008 meetings took place with the community of Jacumba and the Departments of Environmental Health Agriculture Weights and Measures and the Farm amp Home Advisor The Farm amp Home Advisor began research on measures that the farmer could use to reduce eye gnat breeding In 2010 the Department of Environmental Health entered into a voluntary agreement with Bornt Farms to apply measures that the Farm amp Home Advisor identified as possible solutions to reducing eye gnats This agreement was amended and renewed in 2011 subsequent to consultation between the Department of Environmental Health and the Farm amp Home Advisor

While there has been a reduction in the number of eye gnats caught in the Jacumba traps the adverse effect of eye gnats on residents remains present The farmer has also been inconsistent in his compliance with the agreement The community of Jacumba has urged the County to take action to reduce the eye gnat population to a tolerable level

Research has also shown that an organic farm in the San Pasqual Valley is producing great numbers of eye gnats causing widespread irritation to residents in Escondido and Rancho Bernardo While the farmer has agreed to implement management practicesmiddot recommended by

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the Farm amp Home Advisor residents remain concerned that eye gnats continue to negatively impact the community

It is necessary for the County to implement a tougher strategy to address this issue The goal is for farmers to reduce the number of eye gnats to lessen adverse impacts on residents Todays action directs the Chief Administrative Officer to work with the Farm Bureau and other interested parties and return in 90 days with recommendations outlining an approach that would address the eye gnat problem


~ampL-DIANNE JACOB PAM SLATER-PRICE SUPERVISOR SECOND DISTRICT SUPERVISOR THIRD DISTRICT

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BOARD OF SUPERVISORS AGENDA ITEM INFORMATION SHEET








ORIGINATING DEPARTMENT District Two and District Three Board of Supervisors

OTHER CONCURRENCE(S) N A

CONTACT PERSON(S)

Amber Tarrac Adam Kaye Name Name (619) 531-5522 (619) 531-5533 Phone Phone (619) 696-7253 (619) 234-1559 Fax Fax A-SOO A-500 Mail Station Mail Station AmberTarracsdcountycagov AdamKayesdcountycagov E-mail E-mail

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Category Agenda No Subject

17 PUBLIC DEFENDER - NEW LEASE FOR PUBLIC DEFENDER AT 450 B STREET SAN DIEGO [FUNDING SOURCE(S) COUNTY LOCAL REVENUE FUND 2011 AND THE GENERAL FUND] (4 VOTES)

18 ANIMAL SERVICES - APPROVAL OF LEASE AGREEMENT WITH THE CITY OF SAN DIEGO FOR THE COUNTY ANIMAL SHELTER AT 5480 GAINES STREET SAN DIEGO

19 AUTHORIZE THE USE OF SAN DIEGO GAS amp ELECTRIC ON-BILL FINANCING TO FUND ENERGY EFFICIENCY AND DEMAND RESPONSE PROJECTS ADOPT UPDATED RESOLUTION FOR CALIFORNIA ENERGY COMMISSION ENERGY LOAN PROGRAM [FUNDING SOURCE(S) SAN DIEGO GAS amp ELECTRIC (SDGampE) ON-BILL FINANCING PROGRAM (OBF) LOANS] (4 VO~ES)

20 HOUSING amp COMMUNITY DEVELOPMENT shyAUTHORIZE SUBMITTAL OF CALHOME FIRSTshyTIME HOMEBUYERS GRANT APPLICATION AND ACCEPTANCE OF THE GRANT FUNDS [FUNDING SOURCE(S) UNANTICIPATED GRANT REVENUE FROM CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CALHOME PROGRAM] (4 VOTES)

Financial and General 21 LEAVE NO VETERAN BEHIND Government

TIME CERTAIN 230 PM

22 NOTICED PUBLIC HEARING PROPOSED ORDINANCE TO AMEND SECTION 861 AND TO ADD SECTION 862 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE TO INCREASE ASSESSORRECORDERCOUNTY CLERK FEES AND ADOPT A NEW FEE

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110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy













Fiscal Impact NA


-2shy








- 3 shy












CONTACT PERSON(S)



A-45

Approval Log

Approval Log For





I



_ J )1



OF SU














BACKGROUND






CONCURRENCE(S)





[] []

Yes Yes

[X] NA [X] No







I



Second District



Fourth District





SUMMARY









29

-----------~~------------


INDEX

Revised Pages







REVISION 1




A Roll Call









11109111 1






110911 2


(DISTRICT 5)





11109111 1

REVISION 1












Il10911 2












11109111 3








District 5




11109111 4

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy








- 3 shy












CONTACT PERSON(S)



A-45

Approval Log

Approval Log For





I



_ J )1



OF SU














BACKGROUND






CONCURRENCE(S)





[] []

Yes Yes

[X] NA [X] No







I



Second District



Fourth District





SUMMARY









29

-----------~~------------


INDEX

Revised Pages







REVISION 1




A Roll Call









11109111 1






110911 2


(DISTRICT 5)





11109111 1

REVISION 1












Il10911 2












11109111 3








District 5




11109111 4

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy












CONTACT PERSON(S)



A-45

Approval Log

Approval Log For





I



_ J )1



OF SU














BACKGROUND






CONCURRENCE(S)





[] []

Yes Yes

[X] NA [X] No







I



Second District



Fourth District





SUMMARY









29

-----------~~------------


INDEX

Revised Pages







REVISION 1




A Roll Call









11109111 1






110911 2


(DISTRICT 5)





11109111 1

REVISION 1












Il10911 2












11109111 3








District 5




11109111 4

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy

Approval Log

Approval Log For





I



_ J )1



OF SU














BACKGROUND






CONCURRENCE(S)





[] []

Yes Yes

[X] NA [X] No







I



Second District



Fourth District





SUMMARY









29

-----------~~------------


INDEX

Revised Pages







REVISION 1




A Roll Call









11109111 1






110911 2


(DISTRICT 5)





11109111 1

REVISION 1












Il10911 2












11109111 3








District 5




11109111 4

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy


_ J )1



OF SU














BACKGROUND






CONCURRENCE(S)





[] []

Yes Yes

[X] NA [X] No







I



Second District



Fourth District





SUMMARY









29

-----------~~------------


INDEX

Revised Pages







REVISION 1




A Roll Call









11109111 1






110911 2


(DISTRICT 5)





11109111 1

REVISION 1












Il10911 2












11109111 3








District 5




11109111 4

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy


BACKGROUND






CONCURRENCE(S)





[] []

Yes Yes

[X] NA [X] No







I



Second District



Fourth District





SUMMARY









29

-----------~~------------


INDEX

Revised Pages







REVISION 1




A Roll Call









11109111 1






110911 2


(DISTRICT 5)





11109111 1

REVISION 1












Il10911 2












11109111 3








District 5




11109111 4

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy



CONCURRENCE(S)





[] []

Yes Yes

[X] NA [X] No







I



Second District



Fourth District





SUMMARY









29

-----------~~------------


INDEX

Revised Pages







REVISION 1




A Roll Call









11109111 1






110911 2


(DISTRICT 5)





11109111 1

REVISION 1












Il10911 2












11109111 3








District 5




11109111 4

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy



Second District



Fourth District





SUMMARY









29

-----------~~------------


INDEX

Revised Pages







REVISION 1




A Roll Call









11109111 1






110911 2


(DISTRICT 5)





11109111 1

REVISION 1












Il10911 2












11109111 3








District 5




11109111 4

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy

-----------~~------------


INDEX

Revised Pages







REVISION 1




A Roll Call









11109111 1






110911 2


(DISTRICT 5)





11109111 1

REVISION 1












Il10911 2












11109111 3








District 5




11109111 4

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy

REVISION 1




A Roll Call









11109111 1






110911 2


(DISTRICT 5)





11109111 1

REVISION 1












Il10911 2












11109111 3








District 5




11109111 4

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy






110911 2


(DISTRICT 5)





11109111 1

REVISION 1












Il10911 2












11109111 3








District 5




11109111 4

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy


(DISTRICT 5)





11109111 1

REVISION 1












Il10911 2












11109111 3








District 5




11109111 4

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy

REVISION 1












Il10911 2












11109111 3








District 5




11109111 4

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy












11109111 3








District 5




11109111 4

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy








District 5




11109111 4

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy

REVISION 1











I 1I091 I 11





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy





110911 12

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy

02







DATE November 92011



SUMMARY


















- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy










- 2shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy






- 3 shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy





J










- 4 shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy









- 5 shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy







-6shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy







- 7 shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy



















SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy







SUMMARY
















-2shy






- 3 shy












CONTACT PERSON(S)


-4shy











-2shy






- 3 shy












CONTACT PERSON(S)


-4shy






- 3 shy












CONTACT PERSON(S)


-4shy












CONTACT PERSON(S)


-4shy