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BOARD OF SUPERVISORS - LAND USE

Wednesday, February 7, 2024 · Government meeting record

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BOARD OF SUPERVISORS - LAND USE

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STATEMENT OF PROCEEDINGS COUNTY OF SAN DIEGO BOARD OF SUPERVISORS - LAND USE REGULAR MEETING WEDNESDAY, FEBRUARY 7, 2024, 9:00 AM COUNTY ADMINISTRATION CENTER, ROOM 310 1600 PACIFIC HIGHWAY, SAN DIEGO, CALIFORNIA Order of Business A. REGULAR SESSION: Meeting was called to order at 9:16 a.m. PRESENT: Supervisors Nora Vargas, Chair; Terra Lawson-Remer, Vice-Chair; Joel Anderson; Monica Montgomery Steppe; Jim Desmond; also, Ryan Sharp, Assistant Clerk of the Board of Supervisors. B. Statement (just cause) and/or Consideration of a Request to Participate Remotely (emergency circumstances) by a Supervisor, if applicable. C. Closed Session Report D. Non-Agenda Public Communication: Opportunity for members of the public to speak to the Board on any subject matter within the Board’s jurisdiction but not an item on today’s agenda. E. Approval of the Statement of Proceedings/Minutes for the meeting of January 24, 2024. ACTION: ON MOTION of Supervisor Anderson, seconded by Supervisor Desmond, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Regular Board of Supervisors meeting of January 24, 2024. Vargas, Anderson, Lawson-Remer, Montgomery Steppe, DesmondAYES: F. Consent Calendar G. Discussion Items 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 SubjectAgenda # 1WEDNESDAY, FEBRUARY 7, 2024

1. ADMINISTRATIVE ITEM: SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: TRAFFIC ADVISORY COMMITTEE AND RELATED CEQA EXEMPTION (01/24/2024 - ADOPT RECOMMENDATIONS INCLUDING INTRODUCING AN ORDINANCE; 02/07/2024 - SECOND READING OF AN ORDINANCE, UNLESS ORDINANCE IS MODIFIED ON SECOND READING) [FUNDING SOURCE: STATE HIGHWAY USER TAX ACCOUNT] 2. ESTABLISH APPROPRIATIONS AND ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION FOR BRIDGE PREVENTATIVE MAINTENANCE PROGRAM NO. 6 (MT. HELIX DRIVE BRIDGE CLEANING AND PAINTING) AND RELATED CEQA EXEMPTION [FUNDING SOURCE: FEDERAL HIGHWAY ADMINISTRATION HIGHWAY BRIDGE PROGRAM, PRIOR YEAR AVAILABLE ROAD FUND FUND BALANCE, AND STATE MATCH] (4 VOTES) 3. NOTICED PUBLIC HEARING: PALOMAR AIRPORT ADVISORY COMMITTEE: AN ORDINANCE AMENDING SECTIONS 731 AND 732, ARTICLE XL, OF THE ADMINISTRATIVE CODE REGARDING MEMBERSHIP AND SELECTION OF THE SAN DIEGO COUNTY PALOMAR AIRPORT ADVISORY COMMITTEE AND RELATED CEQA EXEMPTION (2/7/2024 - FIRST READING; 2/28/2024 - SECOND READING 4. PUBLIC COMMUNICATION 2WEDNESDAY, FEBRUARY 7, 2024

1. SUBJECT: OVERVIEW On January 24, 2024 (07), the Board of Supervisors took action to further consider and adopt the Ordinance on February 7, 2024. The Traffic Advisory Committee (TAC) supports the Department of Public Works (DPW) traffic engineering program. The TAC was established by the Board of Supervisors (Board) in the 1960s to provide traffic regulations and recommendations within the unincorporated areas of the region. To be effective, the TAC proposes policies that will enhance safety, reduce congestion, and be legally enforceable. The TAC meets every six weeks to review proposed additions, deletions, or changes to regulatory traffic control devices such as speed limits, stop signs, traffic signals, and parking regulations on County of San Diego (County) maintained roads. Upon receipt of a request or recommendation for the implementation of a traffic safety measure in unincorporated areas, the TAC reviews and investigates the requested item, including engineering and traffic condition studies. The TAC recommendations are provided to the Board for consideration. The TAC recommends the Board act on ten items from the September 8, 2023, the TAC meeting agenda: Items from the 09/08/2023 the TAC Meeting District Item Location Action 1 1-A Quarry Road from 950’ east of Sweetwater Road to cul-de-sac in Sweetwater Establish an 18-month temporary highway closure. 2 2-A Camino Monte Sombra from 275’ E/o Calle de la Sierra to end in La Cresta Extend temporary highway closure an additional 18 months. 2 2-BMast Boulevard, from Marathon Parkway to cul-de-sac in Santee Extend temporary highway closure an additional 18 months. 2 2-C* Lakeshore Drive from Vine St to Lakeview Road in Lakeside Revise the endpoint and certify a 35 MPH speed limit. 2 2-D* Proctor Valley Road from State Route 94 to 1,600’ north of Calle Bueno Ganar in Jamul Revise the endpoint, reduce the 40 MPH speed limit to 35 MPH, and certify. 2 2-E* Proctor Valley Road from 1,600’ north of Calle Bueno Ganar to 880’ west of Echo Valley Road Revise the endpoint and certify a 45 MPH speed limit. 3 3-A* Lomas Santa Fe Drive/Linea del Cielo from Highland Dr to 1,600’ west of El Camino Real in Rancho San Dieguito Revise the endpoint, reduce the 45 MPH speed limit to 40 MPH, and certify. 3 3-B* Linea del Cielo from 1,600’ west of El Camino Real to 180’ east of El Fuego in Rancho San Dieguito Revise the endpoint and certify a 35 MPH speed limit. 4 4-A Whitestone Road from 130’ north of Lake Ridge Court to cul-de-sac in Casa de Oro Extend temporary highway closure an additional 18 months. 5 5-A* Montezuma Valley Road from San Felipe Road to Palm Canyon Drive in Ranchita 1WEDNESDAY, FEBRUARY 7, 2024

Establish a vehicle length restriction. * Indicates second reading of the ordinance is required. Approval of Item 1-A on Quarry Road in Sweetwater (District 1), Item 2-A on Camino Monte Sombra in La Cresta (District 2), Item 2-B on Mast Boulevard in Santee (District 2), and Item 4-A on Whitestone Road in Casa de Oro (District 4) would establish a temporary road closure and extend temporary road closures previously established by the Board of Supervisors for an additional 18-month period to eliminate serious and continual criminal activities at the request of the California Highway Patrol and the San Diego County Sheriff’s Department. These items will allow barriers to be installed to assist in preventing the reoccurrence of loitering, crime, and dumping. Approval of Item 2-C on Lakeshore Drive in Lakeside (District 2), Item 2-D on Proctor Valley Road in Jamul (District 2), Item 2-E on Proctor Valley Road in Jamul (District 2), Item 3-A on Lomas Santa Fe Drive/Linea del Cielo in Rancho San Dieguito (District 3), and Item 3-B on Linea del Cielo in Rancho Santa Fe (District 3) would support speed enforcement which enhances roadway safety. Properly posted speed limits provide feedback to drivers to improve traffic safety, reduce the number and severity of collisions, and allow for enforcement. Approval of Item 5-A on Montezuma Valley Road in Ranchita (District 5) would establish a vehicle length restriction. Properly posted large commercial vehicles length restrictions in areas with complex roadway geometry decrease centerline crossover and run-off-the-road incidents. The Board’s action on Item 1-A on Quarry Road in Sweetwater (District 1), Item 2-A on Camino Monte Sombra in La Cresta (District 2), Item 2-B on Mast Boulevard in Santee (District 2), and Item 4-A on Whitestone Road in Casa de Oro (District 4) does not revise the San Diego County Code of Regulatory Ordinances (County Code) and therefore does not require a second reading of an ordinance. Board direction on January 24, 2024, would allow for implementation by DPW. The Board’s action on Item 2-C on Lakeshore Drive in Lakeside (District 2), Item 2-D on Proctor Valley Road in Jamul (District 2), Item 2-E on Proctor Valley Road in Jamul (District 2), Item 3-A on Lomas Santa Fe Drive/Linea del Cielo in Rancho San Dieguito (District 3), Item 3-B on Linea del Cielo in Rancho Santa Fe (District 3), and Item 5-A on Montezuma Valley Road in Ranchita (District 5) would introduce an ordinance to amend speed limit zones and establish a truck length restriction. This action would revise the County Code and requires two steps. On January 24, 2024, the Board would consider the TAC items. If the Board takes action as recommended on January 24, then on February 7, 2024, a second reading and adoption of ordinances amending the County Code would be necessary to implement the Board’s direction. If the proposed ordinance is altered on February 7, 2024, then on that date a subsequential meeting date will be selected for the ordinance’s adoption. RECOMMENDATION(S) TRAFFIC ADVISORY COMMITTEE District 1: Item 1-A. Quarry Road from 950’ east of Sweetwater Rd to cul-de-sac in Sweetwater - Establish an 18-month temporary highway closure. District 2: 2WEDNESDAY, FEBRUARY 7, 2024

Item 2-A. Camino Monte Sombra from 275’ east of Calle de la Sierra to the end in La Cresta - Extend the existing temporary highway closure for an additional 18-month period. Item 2-B. Mast Boulevard from Marathon Parkway to cul-de-sac in Santee - Extend the existing temporary highway closure for an additional 18-month period. Item 2-C. Lakeshore Drive from Vine Street to Lakeview Road in Lakeside - Revise the eastern endpoint from Lakeview Road to Petite Lane and certify the 35 MPH speed limit for radar enforcement. Item 2-D. Proctor Valley Road from State Route 94 to 1,600’ north of Calle Bueno Ganar in Jamul - Revise the southern endpoint to Melody Road, reduce the 40 MPH speed limit to 35 MPH, and certify for radar enforcement. Item 2-E. Proctor Valley Road from 1,600’ north of Calle Bueno Ganar to 800’ east of Echo Valley Road in Jamul - Revise the northern endpoint and certify a 45 MPH speed limit for radar enforcement. District 3: Item 3-A. Lomas Santa Fe Drive/Linea del Cielo from the Solana Beach city limit (at Highland Drive) to 1,600’ west of El Camino del Norte in Rancho San Dieguito - Revise the eastern limit to La Floresta (private road), reduce the existing 45 MPH speed limit to 40 MPH and certify for radar enforcement. Item 3-B. Linea del Cielo from 1,600’ west of El Camino del Norte to 180’ east of El Fuego in Rancho Santa Fe - Revise the western limit to La Floresta (private road) and certify the 35 MPH speed limit for radar enforcement. District 4: Item 4-A. Whitestone Road from a point 130’ north of Lake Ridge Court to the end of County maintenance in Spring Valley - Extend the existing temporary highway closure for an additional 18-month period. District 5: Item 5-A. Montezuma Valley Road from San Felipe Road to Palm Canyon Road in Ranchita - Establish a prohibition of vehicles or vehicle combinations longer than 60 feet. CHIEF ADMINISTRATIVE OFFICER Consider and adopt the following Ordinance: ORDINANCE AMENDING SECTIONS 72.169.41., 72.163.19.3., 72.169.19.4., 72.161.96., AND 72.162. AND ADDING SECTION 72.243.12. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS ON ROADS IN THE COUNTY OF SAN DIEGO. (Items 2-C, 2-D, 2-E, 3-A, 3-B & 5-A) EQUITY IMPACT STATEMENT The review of traffic signs, intersection controls, and roadway markings supports vehicle safety on County of San Diego-maintained roads. The transportation system must be safe for all road users, for all modes of transportation, in all communities, and for people of all incomes, races, 3WEDNESDAY, FEBRUARY 7, 2024

ethnicities, ages, and abilities. Understanding travel patterns, where correctable crashes are occurring, and the disproportionate impacts on certain communities will allow the Department of Public Works to identify actions to address the underlying causes, improve safety, and ensure there is justice in the enforcement of traffic regulations. DPW’s Local Roadway Safety Plan reviews correctable collisions along road segments within the unincorporated areas of the region and utilizes the Healthy Places Index (3.0) and CalEnviroScreen 4.0 to ensure underserved populations are prioritized. The Traffic Advisory Committee (TAC) relies on the Local Roadway Safety Plan and performs reviews of regulatory traffic control devices such as signs and markings. While adherence to sign and marking standards developed by the California Department of Transportation is crucial to obtaining the compliance of the majority of drivers, the TAC also relies on various community engagement methods such as the Tell Us Now! Mobile app, toll-free hotlines, and a customer service request program to intake reports on a wide variety of traffic concerns and ensure the concerns are addressed. SUSTAINABILITY IMPACT STATEMENT The Traffic Advisory Committee has made addressing sustainability a top priority by partnering with local communities and industry leaders in a public forum every eight weeks to find timely, reasonable, and cost-effective in-road traffic solutions that reduce costly traffic delays, mitigate vehicle idling to reduce emissions, improve fire response times and regional readiness, and ensure justice in enforcement of traffic regulations. FISCAL IMPACT Funds for this request are included in the Fiscal Year 2023-24 Operational Plan in the Department of Public Works Road Fund. If approved, this request will result in costs and revenue of $20,968 in Fiscal Year 2023-24 for staff time, materials, and supplies. The funding source is State Highway User Tax Account. There will be no change in net General Fund cost and no additional staff years. BUSINESS IMPACT STATEMENT N/A ACTION: ON MOTION of Supervisor Desmond, seconded by Supervisor Montgomery Steppe, the Board of Supervisors took action as recommended, on Consent, and adopted Ordinance No. 10889 (N.S.), entitled: ORDINANCE AMENDING SECTIONS 72.169.41., 72.163.19.3., 72.169.19.4., 72.161.96., AND 72.162. AND ADDING SECTION 72.243.12. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS ON ROADS IN THE COUNTY OF SAN DIEGO. (Items 2-C, 2-D, 2-E, 3-A, 3-B & 5-A). Vargas, Anderson, Lawson-Remer, Montgomery Steppe, DesmondAYES: 2. ESTABLISH APPROPRIATIONS AND ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION FOR BRIDGE PREVENTATIVE MAINTENANCE PROGRAM NO. 6 (MT. HELIX DRIVE BRIDGE CLEANING AND PAINTING) AND RELATED CEQA EXEMPTION SUBJECT: 4WEDNESDAY, FEBRUARY 7, 2024

(DISTRICT: 4) OVERVIEW Mt. Helix Drive Bridge is a Department of Public Works' (DPW) County of San Diego (County) -owned and maintained bridge included in the National Bridge Inventory and is eligible for federal funds. The California Department of Transportation (Caltrans), as part of their biannual inspection program for bridges, identified rust spots on the steel girders of the Mt. Helix Bridge and recommended preventative maintenance by cleaning and painting the steel girders. DPW applied for a grant from the Federal Highway Administration (FHWA) Bridge Preventative Maintenance Program (BPMP) to clean and paint the steel girders on Mt. Helix Drive Bridge (Project). Federal funding for the design of the project was awarded to the County in May 2017. In July 2023, funding for construction was authorized by FHWA and will be administered through the Caltrans. DPW has developed similar projects in past years that have helped extend the service life of bridges throughout the unincorporated county and annually evaluates and determines bridge eligibility for federal funding. Preventative maintenance work extends infrastructure service life and supports the County’s sustainability goals by reducing significant construction waste from total bridge replacement that would otherwise be directed to landfills. This is a request for the Board of Supervisors (Board) to approve the advertisement and subsequent award of a construction contract to the lowest bidder that is both responsive and responsible . Upon Board approval, the Department of Purchasing and Contracting will advertise and then award a contract for construction that begins Summer 2024 and is completed by Fall 2024. The total estimated project cost is $1,500,000, including design, environmental review, and construction support. The construction contract cost is estimated at $576,136 including a 15% contingency for unforeseen conditions. RECOMMENDATION(S) CHIEF ADMINISTRATIVE OFFICER 1. Find in accordance with Section 15301 of the California Environmental Quality Act (CEQA) that the proposed project is categorically exempt from CEQA review because it involves the maintenance of existing bridges on public roads involving no or negligible expansion of existing use. 2. Establish appropriations of $452,853 in the Department of Public Works Road Fund, Service & Supplies, for Bridge Preventative Maintenance Program Project No. 6 (Mt. Helix Drive Bridge Cleaning and Painting) based on revenues from the Federal Highway Administration Highway Bridge Program ($333,277) and prior year available Road Fund balance ($119,576). (4 VOTES) 3. 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 Administrative Code with respect to contracting for BPMP Project No. 6 (Mt. Helix Drive Bridge Cleaning and Painting). 5WEDNESDAY, FEBRUARY 7, 2024

4. 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. EQUITY IMPACT STATEMENT The County of San Diego strives to preserve, enhance, and promote quality of life and environmental resources through the implementation of programs and projects that improve regional community health and environmental quality. The infrastructure enhancements realized through the completion of this Project will benefit the surrounding communities by maintaining the existing bridge and increasing its longevity. The Mt. Helix Drive Bridge location has a California Healthy Places Index (HPI) percentile rank of 79.3% which indicates 20.7% of other California census tracts have healthier community conditions. The HPI combines 25 community characteristics, like access to health care, housing, education, and more, into a single indexed HPI score. The healthier a community, the higher the HPI score. SUSTAINABILITY IMPACT STATEMENT The repair work for the Mt. Helix Drive Bridge will have economic and environmental sustainability benefits. The Project will contribute to County sustainability goals by maintaining roadway assets to preserve infrastructure for future use. The approach to design, engineering, and construction methods are the least environmentally impactful and least disruptive to the surrounding community, while meeting the Project objectives. The infrastructure enhancements realized through the completion of this maintenance Project will also benefit the surrounding communities by extending the life of this existing bridge. These improvements will contribute to County sustainability goals of protecting the health and wellbeing of everyone in the region and providing just and equitable access to County services. FISCAL IMPACT Funds for this request are partially included in the Fiscal Year 2023-24 Operational Plan in the Department of Public Works, Road Fund Detailed Work Program. If approved, this request will result in additional costs and revenue of $452,853. The total estimated construction contract costs of $576,136, including 15% contingency for unforeseen conditions. The funding sources for additional construction contract costs are Federal Highway Administration Highway Bridge Program ($333,277) and prior year available Road Fund fund balance ($119,576). The total estimated costs for the Mt. Helix Drive Bridge Project are $1,500,000. The funding sources are Federal Highway Administration Highway Bridge Program ($1,089,780), State Exchange ($180,00), State Match ($100,000) and available prior year Road Fund fund Balance ($130,220). 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 stimulate the local economy. All workers employed on public works projects must be paid the State’s prevailing wages determined by the Department of Industrial Relations, according to the type of work and location of the project. The prevailing wage rates are usually based on rates specified in collective bargaining agreements. 6WEDNESDAY, FEBRUARY 7, 2024

ACTION: ON MOTION of Supervisor Desmond, seconded by Supervisor Montgomery Steppe, the Board of Supervisors took action as recommended, on Consent. Vargas, Anderson, Lawson-Remer, Montgomery Steppe, DesmondAYES: 3. NOTICED OF PUBLIC HEARING: PALOMAR AIRPORT ADVISORY COMMITTEE: AN ORDINANCE AMENDING SECTIONS 731 AND 732, ARTICLE XL, OF THE ADMINISTRATIVE CODE REGARDING MEMBERSHIP AND SELECTION OF THE SAN DIEGO COUNTY PALOMAR AIRPORT ADVISORY COMMITTEE AND RELATED CEQA EXEMPTION (2/7/2024 - FIRST READING; 2/28/2024 - SECOND READING (DISTRICTS: 3 AND 5) SUBJECT: OVERVIEW McClellan-Palomar Airport is located in the City of Carlsbad and is one of eight airports owned by the County of San Diego (County) and operated by the Department of Public Works (DPW). Palomar Airport was constructed on County-owned property, and when it opened in 1959, the surrounding area consisted mainly of agricultural uses and a landfill. Today, the airport serves the region as a vital air transportation hub, an emergency services facility, and an economic engine that supports 2,590 local jobs. Additionally, it generates $72 million in tax revenues and $461 million in economic activity annually. On January 5, 1988 (43), the Board of Supervisors (Board) added Article XL to the San Diego County Code of Administrative Ordinances (Administrative Code) to formalize the duties, responsibilities, membership, and selection of the Palomar Airport Advisory Committee (PAAC). The PAAC was originally established to develop a noise control plan for the airport; however, its duties have expanded to advising the Board and the Chief Administrative Officer on airport land use, development, master planning, and operational issues. The PAAC has also grown to provide a forum for neighboring communities to speak on matters involving the airport. The criteria for PAAC membership, including the nomination and appointment process, are defined in Article XL of the Administrative Code. The PAAC is currently comprised of nine members who have a general interest in aviation, aviation leasing or business and understanding of the surrounding communities. During the formation of the PAAC in 1988, Palomar Airport was within the boundaries of the Third Supervisorial District and was bordering the Fifth Supervisorial District. At that time, PAAC membership stood at eleven members nominated by both districts, with four from the Third Supervisorial District and seven from the Fifth Supervisorial District. Following a subsequent supervisorial boundary redistricting approved by the Board on July 31, 2001(18), Palomar Airport was located entirely within the boundaries of the Fifth Supervisorial District. As a result, the Board amended Article XL of the Administrative Code to reduce the membership to nine and to have the Fifth Supervisorial District nominate all nine members. Discussions with Carlsbad, prompted by the development of the Palomar Airport Master Plan during 2018, eventually led to the amendment of Article XL on January 9, 2019 (04) to enable the cities of Carlsbad, Vista, San Marcos, and Oceanside to recommend PAAC seats to the Board for consideration through the Fifth Supervisorial District. The remaining five seats are also currently nominated by the Fifth Supervisorial District. 7WEDNESDAY, FEBRUARY 7, 2024

On January 15, 2022, the County Independent Redistricting Commission completed redistricting of the supervisorial districts. As a result of redistricting, the footprint of Palomar Airport now resides entirely within the Third Supervisorial District and aircraft operations impact surrounding communities in both the Third and Fifth Supervisorial Districts. On November 7, 2023 (15) to better align PAAC membership with recent redistricting, the Board approved a resolution to direct an amendment of Section 731 - Membership and Selection of Administrative Code Article XL. The Board directed staff to return with an amendment to Article XL to formalize PAAC membership and nomination changes as described below. The recommended changes to the PAAC Ordinance are to: 1) Divide eight of the nine PAAC seats evenly among District 3 and District 5, with four nominations assigned to each respective district; 2) Require that of the four Third District nominations, two be for persons residing in the City of Carlsbad and two for persons residing within the Third District; 3) Require that of the four Fifth District nominations, three be for a person residing in one of each of the three cities of Oceanside, San Marcos, and Vista and one for a person residing in the Fifth District; 4) Require the ninth member of the PAAC be nominated by the County’s Chief Administrative Officer, and be an industry representative with expertise and experience at Palomar Airport in aviation and/or aeronautical airport business operations within fields such as, but not limited to a pilot, mechanic, airplane owner, airport property business owner who is a lessee or sub-lessee, or other related fields and have a demonstrated interest in the economic viability of the airport; Each of the eight members nominated by a Supervisor would continue to serve terms that run concurrent with the appointing Supervisor, with the CAO appointment’s term running concurrent with the District 3 Supervisor. Today’s action would amend the Administrative Code to more closely align PAAC membership and selection with the new supervisorial districts and to allow the committee to continue to provide its expertise and guidance. The ordinance will be introduced on Feb 7, 2024. If approved, it will be scheduled for adoption on Feb 28, 2024. RECOMMENDATION(S) CHIEF ADMINISTRATIVE OFFICER On Feb 7, 2024, take the following actions: 1. Find that the proposed project is not subject to the California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(3) because the selection and membership of the Palomar Airport Advisory Committee is not a project as defined by Section 15378 of the state CEQA Guidelines. 2. Approve the introduction of the Ordinance entitled: AN ORDINANCE AMENDING SECTIONS 731 AND 732, ARTICLE XL, OF THE ADMINISTRATIVE CODE REGARDING MEMBERSHIP AND SELECTION OF THE SAN DIEGO COUNTY PALOMAR AIRPORT ADVISORY COMMITTEE. If on Feb 7, 2024, the Board takes the actions recommended in Items 1-2, then, On Feb 28, 2024: 1. Adopt the Ordinance entitled: AN ORDINANCE AMENDING SECTIONS 731 AND 732, ARTICLE XL, OF THE ADMINISTRATIVE CODE REGARDING MEMBERSHIP AND SELECTION OF THE SAN DIEGO COUNTY PALOMAR AIRPORT ADVISORY COMMITTEE. EQUITY IMPACT STATEMENT 8WEDNESDAY, FEBRUARY 7, 2024

San Diego County’s eight airports provide vital air transportation hubs, emergency response facilities, and economic engines. In alignment with County policy and with federal obligations, County Airports pursues delivery of these services in a fair and equitable manner and actively works to remove barriers, encourage participation, and provide competitive opportunities for Disadvantaged Business Enterprises. As part of the National Plan of Integrated Airport Systems, County Airports connect rural, suburban, and urban communities, business, and people by facilitating over 518,000 commercial, corporate, government, and private aircraft operations annually. As bases for CalFire, US Forest Service, Sheriff ASTREA (Aerial Support to Regional Enforcement Agencies), and Mercy Air, County Airports ensure the readiness and rapid response of emergency services for residents throughout the county, including underserved communities. If the Board approves today’s resolutions, it will allow the PAAC to continue to provide its expertise and guidance to County Airports in regard to Palomar Airport, while also enabling the County to continue to ensure its membership reflects the communities around the airport. SUSTAINABILITY IMPACT STATEMENT The PAAC plays an important role in community access and engagement in the operation and development of Palomar Airport and today’s action is consistent with the County’s sustainability goal of providing just and equitable access to County services and resources in support of sustainable communities. County Airports is currently underway with the creation of a Sustainability Management Plan (SMP) which will guide Palomar Airport, as well as all County Airports, to the path of environmentally sustainable projects and initiatives. The PAAC will be a stakeholder in the creation of the SMP. FISCAL IMPACT There is no fiscal impact associated with today’s recommendations. There will be no change in net General Fund cost and no additional staff years. BUSINESS IMPACT STATEMENT Maintaining the resiliency of existing airport facilities is one of the most important components of County Airports and ensures the safe and efficient movement of people and goods and supports sustainability in the local economy. ADVISORY BOARD STATEMENT On March 16, 2023, the Palomar Airport Advisory Committee voted to recommend approval of amending Article XL, of the Administrative Code, by a vote of 4 Ayes, 0 Noes, and 1 Abstention, with 2 absent and 2 vacant seats. BACKGROUND McClellan-Palomar Airport (Palomar) is located in the City of Carlsbad (Carlsbad) and is one of eight airports owned by the County of San Diego (County) and operated by the Department of Public Works (DPW). The County’s airport system is operated, maintained, and improved using lease revenues and federal and State grant funding. Palomar was constructed on County-owned property, and when it opened in 1959, the surrounding area consisted mainly of agricultural uses and a landfill. Over the last 60 years, light industrial, commercial, and recreational uses have developed around the airport. In 1978, Carlsbad annexed the land which included the airport, citing economic benefits, including significant tax revenues for Carlsbad and increased services for the region. Today, the airport serves the community and region as a vital air transportation 9WEDNESDAY, FEBRUARY 7, 2024

hub, an emergency services facility, and an economic engine that supports 2,590 local jobs. It also generates $72 million in tax revenues and $461 million in economic activity, annually. Palomar is also the County’s only commercial service airport, offering airline service in the past, and efforts are being made to bring airline service back the community. On January 5, 1988 (43), the Board of Supervisors (Board) added Article XL to the San Diego County Code of Administrative Ordinances (Administrative Code) to formalize the duties, responsibilities, membership, and selection of the Palomar Airport Advisory Committee (PAAC). The PAAC was originally established to develop a noise control plan for the airport; however, its duties have expanded to advising the Board and the Chief Administrative Officer on airport land use, development, master planning, and operational issues. The PAAC has also grown to provide a forum for neighboring communities to speak on matters involving the airport. The PAAC has nine members, one of each resides in the cities of Carlsbad, Vista, San Marcos, and Oceanside. Five of the nine seats are for members of the general public who reside within the Fifth Supervisorial District. PAAC meetings are held every other month f the year and on the 3rd Thursday of that month. Since the formalization of the PAAC, Article XL of the Administrative Code has been amended five times. The last amendment added the provision that the cities of Carlsbad, Oceanside, San Marcos, and Vista could identify one candidate each for the County to consider for appointment, this amendment was effective February 8, 2019. On January 15, 2022, the County San Diego Independent Redistricting Commission completed redistricting of the supervisorial districts. As a result of redistricting, the footprint of Palomar Airport now resides entirely within the Third Supervisorial District and aircraft operations impact surrounding communities in both the Third and Fifth Supervisorial Districts. On November 7, 2023 (15) to better align PAAC membership with recent redistricting, the Board approved a resolution to direct an amendment of Administrative Code Article XL. The Board of Supervisors directed staff to return to formalize PAAC membership and nomination changes. The recommended changes are to 1) designate a nomination process for all nine PAAC seats, 2) amend District 3 and 5 nominations to provide four nominations for each District, 3) change nomination process for the PAAC’s 9th seat to be nominated by the Chief Administrative Officer (CAO) and create new qualification criteria for the 9th PAAC seat. Specifically, the restructuring of the PAAC appointment process would divide eight of the nine seats evenly among Third and Fifth Districts, with four nominations assigned to each district. Although after redistricting the airport lies completely within the Third district, the Fifth district is still environmentally impacted by airport operations. The locational-specific seats in both districts were selected because of their proximity to the airport and community impact, such as flight patterns. This includes one seat in District 5 for a person residing in each of the three cities of Oceanside, San Marcos, and Vista. The proposal includes adding a second seat for a person residing in the city of Carlsbad so that two of the four seats nominated by the Third District would be for persons residing in the City of Carlsbad. The remaining Fifth District seat and two remaining Third District seats would be for people residing in the respective districts. The remaining 9th PAAC seat would be nominated by the Chief Administrative Officer (CAO) as an “industry” member. The “industry” member must have expertise and experience at Palomar Airport in aviation and/or aeronautical airport business operations within fields such as, but not limited to a pilot, mechanic, airplane owner, airport property business owner who is a lessee or sub-lessee or other related fields and have a demonstrated interest in the economic viability of 10WEDNESDAY, FEBRUARY 7, 2024

the airport. Each of the nine members would continue to serve terms that run concurrent with the appointing supervisor and with the CAO appointment’s term running concurrent with the District 3 Supervisor. Today’s action would amend the current ordinance which will more closely align PAAC membership selection with the new supervisorial districts and allow for the committee to continue to provide its expertise and guidance. The ordinance will be introduced on February 7, 2024, and if approved, it will be scheduled for adoption on February 28, 2024. . ENVIRONMENTAL STATEMENT Section 15060(c)(3) of the CEQA Guidelines provides that an activity is not subject to CEQA if it is not a project as defined in Section 15378. The selection and membership of the Palomar Airport Advisory Committee is not a project as defined by Section 15378(b)(5) of the state CEQA Guidelines because it is an administrative activity of governments that will not result in direct or indirect physical changes in the environment and is therefore exempt from CEQA review. ACTION: ON MOTION of Supervisor Desmond, seconded by Supervisor Lawson-Remer, the Board of Supervisors approved the recommendations, closed the Hearing and took action to further consider and adopt the Ordinance on February 28, 2024. Vargas, Anderson, Lawson-Remer, Montgomery Steppe, DesmondAYES: 4. PUBLIC COMMUNICATION (DISTRICTS: ALL)SUBJECT: OVERVIEW Dick Malsbary spoke to the Board regarding immigration and government policies. Robert Germann spoke to the Board regarding the training of pilots at Gillespie Field. Michael Brando spoke to the Board regarding a health global plan of action. Gambler spoke to the Board regarding elections. Paul the Board spoke to the Board regarding damages from the flood. Consuelo spoke to the Board regarding gun ownership rights. Terri-Ann Skelly spoke to the Board regarding high potency marijuana products. Barbara Gordon spoke to the Board regarding heart health month. Megan Stuart spoke to the Board regarding negative health impacts of marijuana use on youth. Truth spoke to the Board regarding the actions by the Board of Supervisors. Peggy Walker spoke to the Board regarding marijuana businesses in the unincorporated areas. 11WEDNESDAY, FEBRUARY 7, 2024

Audra spoke to the Board regarding the actions by the Board of Supervisors. RECOMMENDATION(S) CHIEF ADMINISTRATIVE OFFICER Heard, referred to the Chief Administrative Officer. EQUITY IMPACT STATEMENT N/A SUSTAINABILITY IMPACT STATEMENT N/A FISCAL IMPACT N/A BUSINESS IMPACT STATEMENT N/A ACTION: Heard, Referred to the Chief Administrative Officer. There being no further business, the Board adjourned at 10:23 a.m. ANDREW POTTER Clerk of the Board of Supervisors County of San Diego, State of California Consent: Vizcarra Discussion: Zurita 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. 12WEDNESDAY, FEBRUARY 7, 2024

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