STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS - LAND USE

REGULAR MEETING

WEDNESDAY, MARCH 4, 2026, 9:00 AM

COUNTY ADMINISTRATION CENTER

BOARD CHAMBER, ROOM 310

1600 PACIFIC HIGHWAY

SAN DIEGO, CA 92101

LAND USE LEGISLATIVE SESSION

WEDNESDAY, MARCH 4, 2026, 9:00 AM

Order of Business

REGULAR SESSION: Meeting was called to order at 9:06 a.m.

PRESENT: Supervisors Terra Lawson-Remer, Chair; Monica Montgomery Steppe, Vice-Chair;

Paloma Aguirre, Chair Pro Tem; Joel Anderson; Jim Desmond; also, Ryan Sharp, Assistant

Clerk of the Board of Supervisors.

ACTION:

REGULAR SESSION: Meeting was called to order at 9:06 a.m.

PRESENT: Supervisors Terra Lawson-Remer, Chair; Monica Montgomery Steppe, Vice-Chair;

Paloma Aguirre, Chair Pro Tem; Joel Anderson; Jim Desmond; also, Ryan Sharp, Assistant

Clerk of the Board of Supervisors.

Closed Session Report

Non-Agenda Public Communication: Individuals can address the Board on topics within its

jurisdiction that are not on the agenda. According to the Board’s Rules of Procedure, each person

may speak at only one Non-Agenda Public Communication session per meeting. Speakers can

choose to speak during either the General Legislative or Land Use Legislative Session.

Consent Agenda

Discussion Items

Board of Supervisors' Agenda Items

Agenda #

Subject

SECOND CONSIDERATION AND ADOPTION OF ORDINANCES:

ADOPT AN ORDINANCE REPEALING AND REENACTING THE COUNTY

BUILDING, RESIDENTIAL, ELECTRICAL, PLUMBING, MECHANICAL,

ENERGY EFFICIENCY, GREEN BUILDING CODES, AND AN ORDINANCE

AMENDING THE FLOOD DAMAGE PREVENTION ORDINANCE, AND

RELATED CEQA EXEMPTION (TRIENNIAL COUNTY BUILDING CODE

UPDATE) (2/11/2026 - FIRST READING; 3/4/2026 - SECOND READING)

ADMINISTRATIVE ITEM:

SECOND CONSIDERATION AND ADOPTION OF AN ORDINANCE:

TRAFFIC ADVISORY COMMITTEE (02/11/2026 - ADOPT

RECOMMENDATIONS INCLUDING INTRODUCING AN ORDINANCE;

03/04/2026 - SECOND READING OF AN ORDINANCE, UNLESS ORDINANCE

IS MODIFIED ON SECOND READING, AND CEQA EXEMPTION FINDING

APPROVE AND AUTHORIZE EXECUTION OF ASSOCIATE COMMISSION

MEMBER AGREEMENT WITH THE SOUTHERN CALIFORNIA COASTAL

WATER RESEARCH PROJECT AUTHORITY AND RELATED CEQA

EXEMPTION

APPROVAL OF A REVISED JOINT POWERS AGREEMENT BETWEEN THE

CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR THE

PLANNING, OPERATION AND MAINTENANCE OF THE OTAY RANCH

PRESERVE AND RELATED CEQA EXEMPTION

NOTICED PUBLIC HEARING:

ADU ORDINANCE AMENDMENT INCLUDING THE SEPARATE SALE OF

ADUs AND RELATED CEQA EXEMPTION

CALL A SPECIAL ELECTION TO LEVY SPECIAL TAX IN PERMANENT

ROAD DIVISION NO. 1000, ZONE NO. 9B HARRIS ANNEX IN RANCHO

SANTA FE AND RELATED CEQA EXEMPTION

AUTHORIZE SUBCONTRACTOR SUBSTITUTION FOR THE CALAVO PARK

PROJECT

NON-AGENDA PUBLIC COMMUNICATION

SUBJECT:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCE:

ADOPT AN ORDINANCE REPEALING AND REENACTING THE

COUNTY BUILDING, RESIDENTIAL, ELECTRICAL, PLUMBING,

MECHANICAL, ENERGY EFFICIENCY, GREEN BUILDING CODES,

AND AN ORDINANCE AMENDING THE FLOOD DAMAGE

PREVENTION ORDINANCE, AND RELATED CEQA EXEMPTION

(TRIENNIAL COUNTY BUILDING CODE UPDATE) (2/11/2026 - FIRST

READING; 3/4/2026 - SECOND READING) (DISTRICTS: ALL)

OVERVIEW

On February 11, 2026 (07), the Board of Supervisors took action to further consider and adopt

the Ordinances on March 4, 2026.

National building codes were developed in response to natural disasters, such as fires and

earthquakes. Advancements in building sciences and construction engineering have allowed

codes to evolve beyond simply reducing risks. Today’s codes establish minimum standards to

ensure homes and buildings are designed and constructed to protect public health, safety,

community welfare, and built to be more sustainable. Planning & Development Services (PDS)

helps establish, use, and enforce up-to-date building codes through the review of proposed plans,

issuance of building permits, and onsite construction inspections. These ongoing efforts,

including regular code updates, enhance building resiliency and welfare, and maintain a culture

of preparedness.

The California Building Standards Code (State Model Code) aims to ensure public health, safety,

and general welfare through provisions that address structural strength and stability, emergency

egress, fire prevention, electrical hazards, sanitation, air and water quality, energy efficiency,

accessibility, and the sustainability of buildings and structures. Structures designed and built to

these standards are more likely to maintain their structural integrity in the event of a disaster.

This provides building occupants with sufficient time to escape, ensures the safety of emergency

responders, and protects their lives.

Every three years, the State of California (State) updates the State Model Code. The 2025 edition

of the State Model Code was published on July 1, 2025, and is available for adoption as of

January 1, 2026. State law allows local governments to make more restrictive additions,

modifications, and deletions through local amendments to the State Model Code when the

changes are reasonably necessary due to local climatic, geological, and topographical conditions.

To ensure statewide public health and safety, the State Model Code prohibits local modifications

from being less restrictive than the baseline requirements contained in the codes. With each new

edition of the State Model Code, State law also allows local jurisdictions to readopt any existing

local amendments to be carried into the triennial code update. Once adopted, the collection of

State Model Codes and local amendments is collectively known as the County Building Code.

The 2025 State Model Code update makes significant advancements in energy efficiency and

building sustainability, aligning with the County’s Regional Decarbonization Framework and the

2024 Climate Action Plan (CAP). The CAP directs the County to expand access to programs and

services that will increase energy efficiency, energy resiliency, and electrification in the

unincorporated area. To implement the CAP, today’s request includes updates to the existing

voluntary Green Building Incentive Program (GBIP) to provide streamlined plan checks and

permitting discounts for projects that voluntarily exceed the State Model Code requirements to

reduce greenhouse gas emissions from energy and water use in buildings.

Separately, construction and the placement of structures in areas of special flood hazard in the

unincorporated county are governed by the Flood Damage Prevention Ordinance (FDPO). This

ordinance implements the National Flood Insurance Program (NFIP) and the Community Rating

System (CRS) by regulating development in floodways and floodplains to protect lives and

property against flood risk. The Federal Emergency Management Agency (FEMA) manages the

NFIP and CRS programs and conducts periodic reviews of communities implementing

ordinances like the FDPO. Today’s action also includes the introduction and adoption, by

ordinance, of minor edits to the County’s FDPO to implement FEMA CRS recommendations

related to engineering review and freeboard requirements. This administrative change codifies

existing best practices implemented by review staff, with no new impact on designers, builders,

or owners. It is important to implement FEMA recommendations to ensure unincorporated

communities can continue to purchase flood insurance through the NFIP as well as receive

discounts on flood insurance premiums through the CRS program.

Today’s request is the first reading to consider the adoption of the proposed ordinances, which

contain local amendments to the State Model Code, and amendments to the FDPO recommended

by FEMA. This request includes the readoption of prior local amendments, such as fire

hardening, energy efficiency, flood prevention, and emergency housing amendments, that were

previously Board directed and remain applicable. Additionally, today’s request includes updates

to the GBIP to provide permitting incentives for projects that volunteer to go beyond State code

requirements to support implementation of the 2024 CAP. If the Board takes the action

recommended today, then on March 4, 2026, the Board can consider and adopt the proposed

ordinances.

RECOMMENDATION(S)

CHIEF ADMINISTRATIVE OFFICER

1. Submit the ordinance for further Board consideration and adoption (second reading).

AN ORDINANCE REPEALING AND REENACTING THE COUNTY BUILDING,

RESIDENTIAL, ELECTRICAL, PLUMBING, MECHANICAL, ENERGY

EFFICIENCY, AND GREEN BUILDING CODES (TRIENNIAL COUNTY BUILDING

CODE UPDATE)

2. Upon adoption of the Triennial County Building Code Update, direct the Clerk of the

Board to provide a certified copy of the adopted Ordinance repealing and reenacting the

County Building, Residential, Electrical, Plumbing, Mechanical, Energy Efficiency, and

Green Building Codes (Triennial County Building Code) together with the associated

findings (Attachments A-C) to the California Building Standards Commission at 2525

Natomas Park Drive, Suite 130, Sacramento, CA 95833 pursuant to Health and Safety

Code Section 17958.7.

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

AN ORDINANCE AMENDING THE COUNTY FLOOD DAMAGE PREVENTION

ORDINANCE TO REFLECT COMMUNITY RATING SYSTEM REQUIREMENTS

4. Submit the ordinance for further Board consideration and adoption (second reading).

An Ordinance Amending Schedule F of Section 362.1 of the San Diego County

Administrative Code to Reduce Fees for Buildings Using Sustainable Building Practices

EQUITY IMPACT STATEMENT

Regular updates to the County Building Code help increase transparency and create uniform

standards applied equally across all unincorporated communities. Local amendments to the State

Model Code create customized changes to address the public health and safety needs of our local

community. Local Amendments expand beyond statewide transparency and accountability efforts

through local stakeholder engagement, including direct feedback from vulnerable communities

and those closely connected to the communities they serve. According to the California Energy

Commission, extensive community input, including from underserved communities and those

directly impacted by changes (homeowners and homebuilders), shaped the development of the

State Model Code. The State Model Code helps reduce disproportionate equity impacts faced by

vulnerable communities. Updates to the Energy Code, included in the 2025 State Model Code,

help address some of the disproportionate effects of climate change. They introduce new

standards to reduce air pollution and improve indoor air quality, thereby enhancing public health.

SUSTAINABILITY IMPACT STATEMENT

The proposed actions advance the County Sustainability Goal 3: Transition to a green, carbon

free economy, reduce greenhouse gas emissions, support green job creation and workforce

development, and prepare for impacts of a changing climate by supporting energy efficiency and

encouraging building and vehicle electrification. The proposed updates to County building

standards and Green Building Incentive Program reduce energy consumption, reduce indoor

water consumption, preserve natural resources, and protect indoor air quality. In addition,

proposed wildfire and flood resiliency standards safeguard public health and well-being while

reducing demand on first responders during natural disasters resulting from climate change.

Increasing energy efficiency and electrification of existing buildings is one of the most impactful

actions within the County’s Climate Action Plan and will result in significant greenhouse gas

emissions reductions and support the County’s efforts to mitigate climate change.

FISCAL IMPACT

There is no fiscal impact associated with today’s action. There will be no change in net General

Fund costs and no additional staff years. A waiver of Board Policy B-29: Fees, Grants, Revenue

Contracts - Departmental Responsibility for Cost Recovery (Board Policy B-29) is requested

because the proposed waiver of fees for the Green Building Incentive Program (GBIP) will not

recover full operating costs for services provided. There are already funds included in the Fiscal

Year 2025-26 Operational Planning for Planning & Development Services (PDS) for waivers

related to plan review and building fees for the Green Building Incentive Program.

BUSINESS IMPACT STATEMENT

While there is an increased upfront cost to develop certain new residential construction (heat

pump technology, electric ready wiring for future electric appliances, and larger solar and storage

capacity) and certain new commercial construction (increased mandatory solar and energy

storage) as a result of a new requirement established by the State, the California Energy

Commission (CEC) identified long-term savings for building occupants resulting from increased

energy efficiency estimated to provide over $4.8 billion statewide for the 2025 code package.

These additional long-term utility energy savings would outweigh the increased upfront

construction costs when measured over the useful life of the home or business (measured over 30

years). Increased construction costs are recovered through reduced utility costs over time,

resulting in net cost neutrality. In addition, the 2025 code package encourages voluntary

all-electric construction, resulting in estimated construction cost savings of $2,000 to $3,000 per

unit (from removing gas appliances and gas infrastructure).

ACTION:

ON MOTION of Supervisor Montgomery Steppe, seconded by Supervisor Aguirre, the Board of

Supervisors took action as recommended, on Consent, and adopted the following:

1. Ordinance No. 10982 (N.S), entitled: AN ORDINANCE REPEALING AND REENACTING

THE COUNTY BUILDING, RESIDENTIAL, ELECTRICAL, PLUMBING, MECHANICAL,

ENERGY EFFICIENCY, AND GREEN BUILDING CODES (TRIENNIAL COUNTY

BUILDING CODE UPDATE);

2. Ordinance No. 10983 (N.S), entitled: AN ORDINANCE AMENDING THE COUNTY

FLOOD DAMAGE PREVENTION ORDINANCE TO REFLECT COMMUNITY RATING

SYSTEM REQUIREMENTS; and,

3. Ordinance No. 10984 (N.S), entitled: AN ORDINANCE AMENDING SCHEDULE F OF

SECTION 362.1 OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE TO REDUCE

FEES FOR BUILDINGS USING SUSTAINABLE BUILDING PRACTICES.

AYES:

Aguirre, Anderson, Lawson-Remer, Montgomery Steppe, Desmond

SUBJECT:

TRAFFIC

RECOMMENDATIONS

ADVISORY

COMMITTEE

INCLUDING

(02/11/2026 -

INTRODUCING

ADOPT

ORDINANCE; 03/04/2026 - SECOND READING OF AN ORDINANCE,

UNLESS ORDINANCE IS MODIFIED ON SECOND READING, AND

CEQA EXEMPTION FINDING (DISTRICTS: 2, 3, & 4)

OVERVIEW

On February 11, 2026 (06), the Board of Supervisors took action to further consider and adopt

the Ordinance on March 4, 2026.

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

1950s 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 two months 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 three items from October 3, 2025 TAC meeting:

District. Item Location Request Description

2. 2-A* Arnold Way from Alpine Boulevard to Tavern Road in Alpine. Review requested by

DPW staff. Establish a 30 MPH speed limit and certify the 30 MPH speed limit for radar

enforcement.

3. 3-A* La Granada from Avenida de Acacias to Los Morros in Rancho Santa Fe. Review

requested by DPW staff. Split the speed zone into two segments, certify the 45 MPH speed limit

for radar enforcement on La Granada from Avenida de Acacias to Avenida Maravillas, and

establish a 40 MPH speed limit and certify the 40 MPH speed limit on La Granada from

Avenida Maravillas to Los Morros.

4. 4-A* Horizon Hills Drive/Rolling Hills Drive from El Cajon city limit to Fuerte Drive in

Mount Helix.Review requested by DPW staff. Establish a 35 MPH speed limit and certify the

35 MPH speed limit for radar enforcement.

*Item requires two hearings.

Approval of Items 2-A on Arnold Way in Alpine (District 2), 3-A on La Granada in Rancho

Santa Fe (District 3), and 4-A on Horizon Hills Drive/Rolling Hills Drive in Mount Helix

(District 4) would support speed enforcement which enhances roadway safety. Properly posted

speed limits inform drivers on safe speeds, reduce the number and severity of collisions, and

allow for enforcement. The Board’s action on all of these items would introduce an ordinance to

amend and establish speed limit zones. This action would revise the County Code and require

two steps. On February 11, 2026, the Board will consider the TAC items. If the Board takes

action as recommended, then on March 4, 2026, 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 March 4, 2026, then on that date a subsequent meeting date will

be selected for the ordinance’s adoption. This action would revise the County Code and requires

two steps.

RECOMMENDATION(S)

TRAFFIC ADVISORY COMMITTEE

District 2:

Item 2-A. Arnold Way from Alpine Boulevard to Tavern Road in Alpine - Establish a 30 MPH

speed limit and certify the 30 MPH speed limit.

District 3:

Item 3-A. La Granada from Avenida de Acacias to Los Morros in Rancho Santa Fe - Split the

speed zone into two segments, certify the 45 MPH speed limit for radar enforcement on La

Granada from Avenida de Acacias to Avenida Maravillas, and establish a 40 MPH speed limit

and certify the 40 MPH speed limit on La Granada from Avenida Maravillas to Los Morros.

District 4:

Item 4-A. Horizon Hills Drive/Rolling Hills Drive from El Cajon city limit to Fuerte Drive in

Mount Helix - Establish a 35 MPH speed limit and certify the 35 MPH speed limit.

CHIEF ADMINISTRATIVE OFFICER

Adopt the following Ordinance:

ORDINANCE AMENDING SECTIONS 72.161.91., 72.161.93., 72.169.32., AND 72.169.98.

OF THE SAN DIEGO COUNTY CODE RELATING TO SPEED LIMITS ON COUNTY

MAINTAINED ROADS IN SAN DIEGO COUNTY.

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,

ethnicities, ages, and abilities. Understanding travel patterns, where correctable crashes are

occurring, and the disproportionate impact on certain communities allows 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 uses the Healthy Places Index (3.0) and CalEnviroScreen (4.0) to ensure that 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.

SUSTAINABILITY IMPACT STATEMENT

The proposed actions have social, health and well-being, and environmental sustainability

benefits. The Traffic Advisory Committee has made addressing sustainability a top priority by

partnering with local communities and industry leaders in a public forum every two months 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 2025-26 Operational Plan in the

Department of Public Works Road Fund. If approved, this request will result in costs and

revenue of $6,470 in Fiscal Year 2025-26 for staff time, materials, and supplies. The funding

source is the 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 Montgomery Steppe, seconded by Supervisor Aguirre, the Board of

Supervisors took action as recommended, on Consent and adopted Ordinance No. 10985 (N.S.),

entitled: ORDINANCE AMENDING SECTIONS 72.161.91., 72.161.93., 72.169.32., AND

72.169.98. OF THE SAN DIEGO COUNTY CODE RELATING TO SPEED LIMITS ON

COUNTY MAINTAINED ROADS IN SAN DIEGO COUNTY.

AYES:

Aguirre, Anderson, Lawson-Remer, Montgomery Steppe, Desmond

SUBJECT:

APPROVE AND AUTHORIZE EXECUTION OF ASSOCIATE

COMMISSION MEMBER AGREEMENT WITH THE SOUTHERN

CALIFORNIA

COASTAL

WATER

RESEARCH

PROJECT

AUTHORITY AND RELATED CEQA EXEMPTION (DISTRICTS: ALL)

OVERVIEW

The County of San Diego (County) works to protect and enhance regional water resources

through collaborative planning and science-based investments in multi-benefit projects that

improve water quality and ecosystem health. A key strategy in this effort is leveraging regional

partnerships that advance initiatives supporting water quality, watershed health, and the science

needed to protect and restore aquatic ecosystems. Since 2008, the County has been an associate

commission member of the Southern California Coastal Water Research Project (SCCWRP).

SCCWRP is a joint powers authority composed of Southern California’s major wastewater and

stormwater agencies, along with State and federal regulatory partners. Through this

collaboration, SCCWRP conducts objective, science-based research to better understand how

wastewater and stormwater discharges affect coastal aquatic ecosystems and public health.

Membership in SCCWRP enables the County to help shape scientific research that informs

effective stormwater management and supports compliance with State and federal water quality

mandates, including the Municipal Separate Storm Sewer System (MS4) Permit (Permit). The

Permit requires the County and other agencies to eliminate pollution sources entering local

waters and has been updated several times since its initial issuance in 1990 to include more

rigorous requirements. Since joining SCCWRP in 2008, the County has collaborated with

SCCWRP’s team of expert scientists on studies that identify and address pollution sources to

support regulatory compliance. For example, SCCWRP research has informed strategies for

meeting bacteria and nutrient Total Maximum Daily Load (TMDL) requirements, and

investigations such as the Surfer Health Study, Santa Margarita River Nutrient Initiative, San

Diego River Investigative Order, and using advanced DNA methods to link Mexican sewage to

U.S. beach pollution have provided insight into the most effective approaches for improving

water quality. SCCWRP’s studies are routinely published in peer-reviewed journals and are

widely recognized by regulators and the scientific community. The County’s Department of

Environmental Health and Quality has also partnered with SCCWRP to develop a faster method

for measuring bacteria levels in beach and bay waters, enabling more timely public health

notifications.

The County’s continued participation in SCCWRP ensures access to regionally coordinated,

peer-reviewed science that supports Permit compliance and the County’s regulatory position.

Through shared regional monitoring programs that fulfill MS4 requirements, membership

provides a strong return on investment by reducing duplication and distributing technical costs

across member agencies. SCCWRP’s applied research on Best Management Practice (BMP)

performance further ensures that County investments in structural and non-structural controls are

guided by sound science and targeted toward solutions that yield the greatest water quality

benefit. These efforts have helped keep Permit requirements practical and avoid unnecessary

infrastructure costs for the County and private development projects. If the County withdraws

from SCCWRP, we would lose access to shared technical expertise and the regional forum

where Permit decisions are shaped. That would reduce our influence, increase the risk of stricter

or inconsistent requirements, and likely raise compliance costs.

Membership in SCCWRP provides the County with numerous benefits, the most significant of

which include:

· Access to high-quality scientific research at a fraction of the cost of conducting

independent studies;

· Greater credibility and influence in shaping regulatory policies grounded in sound

science;

· Direct engagement with State and federal regulators through collaborative forums that

support strategic and cost-effective compliance planning.

Gives the County a seat at the table to shape practical Permit requirements that protect

water quality without driving up unnecessary costs for public and private projects.

The current five-year Associate Commission Member Agreement was approved by the County of

San Diego Board of Supervisors on September 16, 2020 (11) and expires on June 30, 2026.

Today’s request is for the Board to approve the County’s continued partnership with SCCWRP.

A new five-year Associate Commission Member Agreement would allow continued

collaboration among SCCWRP, the County, and participating regulatory and regulated agencies.

If approved, the new agreement will extend the County’s participation from July 1, 2026, through

June 30, 2031.

County membership costs would begin at $150,000 in Fiscal Year 2026-27, with a total

not-to-exceed amount of $796,250 over the five-year term. Funding for Fiscal Year 2026-27 will

be requested in the CAO Recommended Operational Plan for the Department of Public Works

General Fund. Funding for subsequent fiscal years will be included in future Operational Plans.

No additional staff years are required.

RECOMMENDATION(S)

CHIEF ADMINISTRATIVE OFFICER

1. Find that the proposed activity is not subject to the California Environmental Quality Act

(CEQA) pursuant to Sections 15060(c)(3) and 15378. Section 15060(c)(3) specifies that

activities which do not cause a direct or reasonably foreseeable indirect physical change

in the environment are not considered "projects." Because entering into a member

agreement with the Southern California Coastal Water Research Project (SCCWRP) will

have no impact on the environment, it does not meet the definition of a project and is

therefore not subject to CEQA review.

2. Authorize the Director, Department of Public Works, or designee, to execute an

Associate Commission Member Agreement with the Southern California Coastal Water

Research Project Authority for Fiscal Years 2026-27 through 2030-31, and to execute all

amendments to the agreement as necessary and take all action necessary to fulfill the

County obligations under the agreement.

EQUITY IMPACT STATEMENT

Today’s action supports the County of San Diego’s (County) ongoing commitment to protecting

public health, enhancing community well-being, and advancing regional water sustainability.

Through membership in the Southern California Coastal Water Research Project (SCCWRP),

efforts to reduce pollution to local waterways and protect natural resources directly benefit

residents across the region, including in the unincorporated area. In particular, the County is

committed to addressing water quality challenges in under-represented communities, which have

historically experienced greater impacts from environmental stressors. Ensuring the health of our

streams and beaches is essential for providing diverse and accessible recreational opportunities

for citizens throughout all regions of San Diego County.

SUSTAINABILITY IMPACT STATEMENT

Today's action to authorize an Associate Commission Member Agreement with the Southern

California Coastal Water Research Project (SCCWRP) contributes to social, health and

well-being, and environmental sustainability goals of the County. Continued participation in

SCCWRP enables regional collaboration and investment in projects that improve water quality

and protect critical habitats across San Diego County. Through SCCWRP, the County

contributes to research and initiatives that support regulatory compliance with Total Maximum

Daily Loads (TMDLs) for pollutants such as bacteria, nitrogen, and phosphorus, while focusing

on the most critical contaminants in our local watersheds. These efforts focus on protecting

human and aquatic health while preserving recreational benefits for the community.

FISCAL IMPACT

There is no fiscal impact associated with today’s recommendation in Fiscal Year 2025-26. If

approved, funds for this request will be included in the Fiscal Year 2026-27 CAO Recommended

Operational Plan in the Department of Public Works (DPW) General Fund - Watershed

Protection Program. If approved, this request will result in costs and revenue of $150,000 in the

Fiscal Year 2026-27. The total cost over the five-year agreement period will not exceed

$796,250. The funding source is existing General Purpose Revenue allocated to the DPW

General Fund - Watershed Protection Program. Funding for subsequent fiscal years will be

included in future Operational Plans. There will be no change in net General Fund costs and no

additional staff years.

BUSINESS IMPACT STATEMENT

N/A

ACTION:

ON MOTION of Supervisor Montgomery Steppe, seconded by Supervisor Aguirre, the Board of

Supervisors took action as recommended, on Consent.

AYES:

Aguirre, Anderson, Lawson-Remer, Montgomery Steppe, Desmond

SUBJECT:

APPROVAL OF A REVISED JOINT POWERS AGREEMENT

BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN

DIEGO FOR THE PLANNING, OPERATION AND MAINTENANCE OF

THE OTAY RANCH PRESERVE AND RELATED CEQA EXEMPTION

(DISTRICTS: 1 & 2)

OVERVIEW

The County of San Diego (County) Board of Supervisors (Board) and the City of Chula Vista

(City) City Council adopted the Otay Ranch General Development Plan/Subregional Plan

(Subregional Plan) on October 28, 1993 (1). The Subregional Plan contemplated development

within a series of villages that would be located within the City’s and the County’s land use

jurisdictions in an area known as Otay Ranch, which is within the southwestern San Diego

region, in the area generally surrounding the Lower Otay Reservoir. To mitigate impacts from

development, the Subregional Plan also conceptualized an approximately 11,000-acre preserve

system (Otay Ranch Preserve) that would be jointly managed by the County and the City in

perpetuity as an entity referred to as the Preserve Owner/Manager (POM). In 1993, along with

the adoption of the Subregional Plan, the Board also adopted Phase 1 of the Resource

Management Plan (RMP) for the Otay Ranch Preserve (Preserve), which established a

comprehensive program for the long-term protection and management of sensitive resources

located within the Preserve.

Due to the joint nature of planning and development for Otay Ranch, on March 6, 1996 (6), the

Board approved a 30-year Joint Powers Agreement (JPA) between the City and County. The JPA

described the roles and responsibilities for the planning, operation and maintenance of Otay

Ranch Preserve by the POM. Since 1996, the County and City have partnered collectively to

operate and manage the Otay Ranch Preserve as the POM. The 1996 JPA is set to expire on

March 6, 2026, and allows for a 30-year extension. The County and City worked together to

update and revise the JPA to further define operational responsibilities and memorialize a variety

of regulatory changes that have taken place since the adoption of the original JPA in 1996.

The main revision to the JPA is an administrative update that adds references to relevant efforts,

such as the Multiple Species Conservation Program and Phase 2 Resource Management Plan that

were not in place in 1996. It also updates staff roles and clarifies duties for managing the Otay

Ranch Preserve. These changes do not alter the core partnership or make any major substantive

changes and are intended to memorialize the current partnership and structure of the POM. The

City of Chula Vista will be bringing the revised JPA to their City Council for adoption on March

3, 2026. The revised JPA will extend for 30 years until March 2056.

Today’s requested action will authorize the Director of the County Department of Parks and

Recreation to execute a revised JPA between the City of Chula Vista and the County of San

Diego for the planning, operation and maintenance of the Otay Ranch Preserve. This request to

authorize the revised JPA would result in no increase to annual costs and no additional staff

years.

RECOMMENDATION(S)

CHIEF ADMINISTRATIVE OFFICER

1. Find that the proposed Joint Powers Agreement is exempt from CEQA pursuant to

CEQA Guidelines Section 15061(b)(3).

2. Authorize the Director of the Department of Parks and Recreation to execute a revised

Joint Powers Agreement between the City of Chula Vista and the County of San Diego

for the Planning, Operation and Maintenance of the Otay Ranch Preserve.

EQUITY IMPACT STATEMENT

The Department of Parks and Recreation’s continued efforts to maintain the natural habitat in

Otay Ranch Preserve will benefit threatened plant and animal species and cultural resources. The

revised JPA between the City of Chula Vista and the County of San Diego for the planning,

operation and maintenance of the Otay Ranch Preserve will have a positive impact on all San

Diego County residents and visitors by continuing to protect water and air quality and continuing

to conserve the region’s sensitive resources.

SUSTAINABILITY IMPACT STATEMENT

The proposed action to execute the revised JPA between the City of Chula Vista and the County

of San Diego for the planning, operation and maintenance of the Otay Ranch Preserve will

continue to conserve natural habitat in Otay Ranch Preserve and contribute to the County of San

Diego Sustainability Goal No. 6 to protect ecosystems, habitats, and biodiversity.

FISCAL IMPACT

There is no fiscal impact associated with the Board of Supervisors’ authorization of the revised

Joint Powers Agreement between the City of Chula Vista and the County of San Diego for the

planning, operation and maintenance of the Otay Ranch Preserve. Annual operating costs for the

Otay Ranch Preserve are provided by Community Facilities Districts that were established as

conditions of development within Otay Ranch. If approved, there would be no change in net

General Fund costs and no additional staff years.

BUSINESS IMPACT STATEMENT

N/A

ACTION:

ON MOTION of Supervisor Montgomery Steppe, seconded by Supervisor Aguirre, the Board of

Supervisors took action as recommended, on Consent.

AYES:

Aguirre, Anderson, Lawson-Remer, Montgomery Steppe, Desmond

SUBJECT:

OVERVIEW

This action proposes updates to the Accessory Dwelling Unit (ADU) section of the Zoning

Ordinance (ADU Ordinance) with an amendment. The proposed ADU Ordinance Amendment

Including the Separate Sale of ADUs (Amendment), includes updates to align with new

mandatory State laws, and introduces an opt-in program to provide smaller, more attainable

homeownership opportunities.

The County of San Diego continues to make periodic and regular updates to the Zoning

Ordinance to streamline and advance housing efforts in the unincorporated area and maintain

alignment with new mandatory State laws. Advancing and improving the Zoning Ordinance has

been consistently identified as a priority by industry stakeholders and the community and is a

shared objective of the Board of Supervisors (Board).

In 2025, the Chief Administrative Officer established the Housing for All initiative to unify and

accelerate cross-department efforts to address the housing crisis through a near-term workplan

anchored in the Board’s adopted “5 Ps” Housing Solutions Framework-Protect, Preserve,

Produce, Promote, and Prevent-which identifies expanding homeownership opportunities,

including through innovative tools, as a key action.

Today’s Amendment works to advance these shared goals by updating the ADU Ordinance with

mandatory State requirements, clarifying public guidance, and providing a tool to create new

pathways to homeownership through the separate sale of ADUs.

The first component of the proposed Amendment incorporates updates for alignment with State

laws adopted in 2023 and 2024, and reorganizes the ADU Ordinance for clear public guidance

and improved transparency. The second component establishes a County program under

Assembly Bill (AB) 1033 to enable the separate sale of ADUs as condominiums in the

unincorporated area.

Effective January 2024, AB 1033 allows jurisdictions on an opt-in basis to adopt local

ordinances permitting the separate sale of ADUs as condominiums, and establishes requirements

for separate ownership. A local program for the separate sale of ADUs allows the County to

create opportunities to build generational wealth, give families flexibility to downsize, reduce

displacement, or expand multigenerational living scenarios. The program could also support

seniors who wish to age in place while accessing the value of their property.

On March 13, 2024 (10), the Board directed staff to evaluate the feasibility of allowing the

separate sale of ADUs in the unincorporated area. In response, staff began community and

stakeholder outreach to inform the development of a local ordinance. Based on that input, the

Board took formal action on October 9, 2024 (5), directing staff to move forward with the

development of a local program that goes beyond the baseline provisions established under AB

1033. Specifically, the Board directed staff to incorporate local eligibility criteria into the

program, such as a right of first refusal for owner-occupants, and to further explore additional

standards that may be appropriate for implementation in the unincorporated area.

Staff have prepared five options for the Board’s consideration regarding implementation of AB

1033. The Board may elect to adopt the State framework as-is, adopt one or more local eligibility

criteria in addition to State law, or decline to opt in. Adoption of any local criteria would

establish a County-specific program that builds upon, and is consistent with the baseline

framework provided by AB 1033. The following options are intended to balance community

priorities with State allowances and support the County’s Housing for All initiative by expanding

homeownership opportunities. These options were informed by stakeholder input gathered

through the County’s public engagement process.

· Option 1: State Framework. Adopt AB 1033 as implemented by the State, allowing

separate sales of ADUs consistent with State law without establishing additional local

eligibility requirements.

· Option 2: Right of First Refusal. Right of First Refusal contracts must be established.

Each condo owner must give either their current tenant or another condo owner living on

the same lot the first chance to buy the unit if it’s put up for sale.

· Option 3: Detached ADUs Only. The ADU must be detached from the primary unit.

Limitation to detached units allows clearer physical and ownership distinctions between

the primary residence and the secondary unit.

· Option 4: New Construction Only. The ADU must be new development. Eligibility for

the separate sale of ADUs is limited to those that have been newly constructed as

condominiums and did not exist prior to condo mapping.

· Option 5: Don’t opt in to AB 1033. The County would not opt in to allow the separate

sale of ADUs, and current regulations would remain until any future Board action.

While these options were developed based on stakeholder input, they were further refined

through the course of community outreach and feedback. The Planning Commission

recommended adoption of the State Framework without local eligibility criteria as the most

flexible and expansive approach.

Today’s request is for the Board to consider and adopt the section of the ADU Ordinance that

addresses updates needed to comply with mandatory State law; consider and adopt the section of

the ADU Ordinance that allows the separate sale of ADUs; and, at the Board's discretion, provide

direction regarding local eligibility criteria to be applied to the separate sale of ADUs in the

unincorporated area.

RECOMMENDATION(S)

PLANNING COMMISSION

On December 5, 2025, the Planning Commission recommended that the Board of Supervisors

adopt the ADU Ordinance Amendment, including a program for the separate sale of ADUs as

written under State law, without any additional local eligibility criteria described in the

programmatic options presented by County Staff. The Commission reviewed all of the options

for local eligibility criteria and expressed concerns that local criteria would restrict

implementation, and ultimately supported a fully State-aligned approach as the most flexible and

expansive option for implementation of the program.

DEPARTMENT OF PLANNING & DEVELOPMENT SERVICES

1. Find the update to the County’s Zoning Ordinance implementing State law governing the

permitting of ADUs is not a “project” and is exempt from CEQA under CEQA

Guidelines section 15378(b)(4) as it merely aligns the County’s Zoning Ordinance with

State law already in effect. Changes related to the separate sale of ADUs do not require

analysis under CEQA as the transfer of ownership of these homes will not cause a direct

or reasonably foreseeable indirect physical change in the environment.

2. Adopt the Form of Ordinance, Section 6156.x through 6156.x.C including Section 8900

Table AL-1.0, that addresses updates needed to comply with mandatory State law,

(Attachment A, on file with the Clerk of the Board):

AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE

PART SIX: GENERAL REGULATIONS: ACCESSORY USE REGULATIONS Related

to Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Section

6156.x (Clean Copy)

3. Adopt the Form of Ordinance, Section 6156.x.D, that allows the separate sale of ADUs,

and at the Board of Supervisors’ discretion, provide direction on local eligibility

programmatic options for the separate sale of ADUs in the unincorporated area,

(Attachment A, on file with the Clerk of the Board):

AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE

PART SIX: GENERAL REGULATIONS: ACCESSORY USE REGULATIONS Related

to Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Section

6156.x (Clean Copy)

EQUITY IMPACT STATEMENT

Planning & Development Services (PDS) recognizes the historic and ongoing housing inequities

that affect many residents in the San Diego region, including barriers to homeownership and

challenges in accessing stable, attainable housing. The ADU Ordinance Amendment Including

the Separate Sale of ADUs (Amendment) supports greater housing equity in the unincorporated

area by improving clarity in ADU regulations and creating new, attainable pathways to

homeownership. Aligning the County’s Zoning Ordinance with recent State law reduces

procedural barriers that can disproportionately affect first-time buyers and lower-income

households. The local program developed under AB 1033 would allow ADUs to be sold

separately as smaller, more attainable ownership units, providing opportunities for households to

build equity, for seniors to age in place, and for families to remain in their communities.

SUSTAINABILITY IMPACT STATEMENT

This Amendment helps support the County’s housing goals by making it easier for residents to

build and understand Accessory Dwelling Unit (ADU) regulations and by creating new

opportunities for attainable homeownership. Allowing ADUs to be sold separately as smaller

homes can provide more flexible housing choices for first-time homebuyers, multigenerational

families, and seniors who wish to remain in their communities. The program supports sustainable

growth by encouraging housing within existing neighborhoods where infrastructure, services,

and transportation already exist. By keeping the process clear and voluntary the Amendment

helps residents make informed housing decisions while supporting stable, long-term community

living.

FISCAL IMPACT

There is no fiscal impact associated with today’s recommendation. The proposed legislative

updates to the Zoning Ordinance are part of the Planning & Development Services workplan to

maintain alignment with State housing laws, and can be completed with existing staff resources.

There will be no net change in General Fund cost and no additional staff years required.

BUSINESS IMPACT STATEMENT

N/A

ACTION:

ON MOTION of Supervisor Desmond, seconded by Supervisor Montgomery Steppe, the Board

of Supervisors closed the Hearing and took the following actions:

1. Found the update to the County’s Zoning Ordinance implementing State law governing the

permitting of ADUs is not a “project” and is exempt from CEQA under CEQA Guidelines

section 15378(b)(4) as it merely aligns the County’s Zoning Ordinance with State law already in

effect. Changes related to the separate sale of ADUs do not require analysis under CEQA as the

transfer of ownership of these homes will not cause a direct or reasonably foreseeable indirect

physical change in the environment.

2. Adopted Ordinance 10986 (N.S.) entitled: AN ORDINANCE AMENDING THE SAN

DIEGO COUNTY ZONING ORDINANCE PART SIX: GENERAL REGULATIONS:

ACCESSORY USE REGULATIONS RELATED TO ACCESSORY DWELLING UNIT (ADU)

AND JUNIOR ACCESSORY DWELLING UNIT (JADU) SECTION 6156.X.

3. Adopted Option 1: State Framework. Adopt AB 1033 as implemented by the State, allowing

separate sales of ADUs consistent with State law without establishing additional local eligibility

requirements.

4. Direct the Chief Administrative Officer to move forward with drafting an amendment

including options to promote first time home buyers and home ownership for separate sale of

ADUs including but not limited to the right of first refusal and/or an owner occupancy

requirement for the first year or longer, with any additional legally compliant options that County

Counsel identifies through conversations with board offices.

5. Return to the Board in 120 days.

AYES:

Aguirre, Anderson, Lawson-Remer, Montgomery Steppe, Desmond

SUBJECT:

CALL A SPECIAL ELECTION TO LEVY SPECIAL TAX IN

PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 9B HARRIS

ANNEX IN RANCHO SANTA FE AND RELATED CEQA EXEMPTION

(DISTRICT: 3)

OVERVIEW

A Permanent Road Division Zone (PRD Zone) is a district which provides property owners with

a mechanism to pay for private road maintenance in a geographically defined area. There are 67

PRD Zones within the unincorporated county that provide maintenance of about 94 miles of

roads. Permanent Road Division Zone No. 9B - Harris Annex is located within the Rancho Santa

Fe community of the North County Metro Sub Region. The 1.24 miles of roads within Harris

Annex require maintenance and potential repairs to ensure safe access, and the existing

assessment methodology for this PRD that was established in the 1970s is insufficient to fully

fund these needs now and in the future. The PRD Chair circulated and submitted an informal

petition signed by PRD property owners in support of calling for an election for an increased

special tax in this community. On July 2, 2025, the Department of Public Works (DPW)

conducted a Community Outreach event with the residents of PRD 9B. Notice of the meeting

was provided to property owners. Multiple cost proposals were presented, and the attendees were

generally supportive of the idea of a special tax for this community.

Today’s request is to replace the existing assessment with a special tax determined by an

Assessment Engineer to adequately fund-needed work and ensure the viability of the PRD for

many years to come. Alternatively, if the existing assessment structure is maintained, limited

maintenance can continue for a number of years, but new or modified funding mechanisms will

need to be evaluated for long-term PRD sustainability. Per Board Policy J-16, all costs associated

with formation, administration, maintenance, improvement, and rate increases of a PRD Zone,

including incidental expenses, engineering and special tax reports, shall be funded by PRD Zone

revenues collected from residents through a special tax levied on County property tax bills.

Per California Proposition 218, all new special taxes imposed by a County must be approved by

the impacted voters. Therefore, staff is requesting the Board call for a special tax election in

Harris Annex to increase the revenue for the PRD and allow for long term maintenance of safe

roads. The proposed election date is June 2, 2026. The Registrar of Voters will certify the

election and present the results to the Board on July 14, 2026 from the Clerk of the Board. Staff’s

assessment indicates that the existing rate will provide sufficient funding to maintain the road at

a Pavement Condition Index (PCI) of 50 or better for approximately five years. However,

without the approval of the new special tax, available revenues will eventually become

insufficient to support sustainable road maintenance, and PRD 9B will face insolvency within a

few years’ time. In that event, staff would reduce service levels to align with available funds and

return to the Board with recommendations as needed, including a possible recommendation to

dissolve the PRD and return road maintenance responsibility to the property owners.

The special tax will not be implemented unless two-thirds of the votes cast by the registered

voters within the boundary of Harris Annex vote “yes” on the special tax. A “yes” vote would

result in the replacement of the current assessment with a special tax determined by an

Assessment Engineer to provide long-term road maintenance. The current assessment is $73 a

benefit unit, which means a single-family home pays up to $204 per year. Under the proposed

special tax, the maximum rate would be $1,000 per year for each developed property and $375

per year for each undeveloped property. The maximum rate will be subject to adjustment by up

to 5% each year using the Los Angeles Construction Cost Index (LACCI) or a similar index

should the LACCI become unavailable to account for inflation.

Today’s proposed action requires two hearings. At today’s hearing, the Board will be asked to

make a CEQA finding, call an election, designate the Register of Voters as the election’s official,

and introduce an ordinance to replace the existing assessment used to fund the PRD with a

special tax. At the subsequent hearing, after the election is completed, the Registrar of Voters

will report on the results of the election and the Board will certify the result; and, if two-thirds

voter approval was received for the special tax, adopt the ordinance introduced at the prior

hearing, or, if the requisite vote was not received, take no additional action.

RECOMMENDATION(S)

CHIEF ADMINISTRATIVE OFFICER

On March 4, 2026:

1. Find that the proposed project is exempt from the California Environmental Quality Act

(CEQA) as specified under Section 15061(b)(3) of the State CEQA Guidelines because

the activity involves establishment of a funding mechanism with no commitment to any

specific project so that it can be seen with certainty there is no possibility the action may

have an impact on the environment.

2. Accept the Special Tax Report for San Diego County Countywide Permanent Road

Division No. 1000, Zone No. 9B - Harris Annex on file in the Department of Public

Works and available online

at<http://www.sandiegocounty.gov/dpw/specialdistricts/permroad/PRD_1000_Special_T

ax.html>.

3. Adopt the resolution entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF

THE COUNTY OF SAN DIEGO CALLING FOR A SPECIAL MAIL-BALLOT

ELECTION WITHIN PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 9B -

HARRIS ANNEX, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA FOR THE

PURPOSE OF IMPOSITION OF A SPECIAL TAX FOR ROAD MAINTENANCE

SERVICES, which sets June 2, 2026, as the date of the election.

4. Direct the Registrar of Voters to proceed with the mail ballot election, tabulate all valid

ballots received, and certify election results at the continued public meeting on July 14,

2026.

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

reading of an Ordinance entitled: AN ORDINANCE OF THE SAN DIEGO COUNTY

BOARD OF SUPERVISORS APPROVING SPECIAL TAX REPORT AND LEVYING

OF SPECIAL TAXES WITHIN PERMANENT ROAD DIVISION NO. 1000, ZONE

NO. 9B - HARRIS ANNEX AND REPEALING ORDINANCE NO. 9216 9165

ESTABLISHING ASSESSMENTS IN THE PRD.

If on March 4, 2026, the Board takes the actions recommended in Items 1-5, then on July

14, 2026, the following recommendations will be considered:

Receive the election certification from the Registrar of Voters for the Special Tax

Election within the boundaries of Permanent Road Division No. 1000, Zone No. 9B -

Harris Annex.

Adopt a resolution entitled: RESOLUTION OF THE BOARD OF SUPERVISORS

OF THE COUNTY OF SAN DIEGO DECLARING RESULTS OF SPECIAL

MAIL-BALLOT ELECTION WITHIN PERMANENT ROAD DIVISION NO. 1000,

ZONE NO. 9B - HARRIS ANNEX, COUNTY OF SAN DIEGO, STATE OF

CALIFORNIA FOR THE PURPOSE OF IMPOSITION OF A SPECIAL TAX FOR

ROAD MAINTENANCE SERVICES.

Approve Special Tax Report for San Diego County Countywide Permanent Road

Division No. 1000, Zone No. 9B - Harris Annex, on file in the Special Districts office

of the Department of Public Works and available online at

<http://www.sandiegocounty.gov/dpw/specialdistricts/permroad/PRD_1000_Special_T

ax.html>.

If the special tax vote passes:

Adopt the Ordinance entitled: AN ORDINANCE OF THE SAN DIEGO COUNTY

BOARD OF SUPERVISORS APPROVING SPECIAL TAX REPORT AND

LEVYING OF SPECIAL TAXES WITHIN PERMANENT ROAD DIVISION NO.

1000, ZONE NO. 9B - HARRIS ANNEX AND REPEALING ORDINANCE NO. 9216

9165 ESTABLISHING ASSESSMENTS IN THE PRD.

If the special tax vote fails:

Take no additional action. This will leave in place the existing authority allowing for

the imposition of an assessment to pay for road repair and maintenance.

EQUITY IMPACT STATEMENT

Today’s action continues the County of San Diego’s (County) commitment to provide programs

and services that enhance communities. Special taxes and assessments fund services for

Permanent Road Divisions (PRDs), which support the health, safety, and economic interests of

local communities by maintaining safe and reliable road infrastructure. Calling a special election

to levy a special tax in PRD No. 1000, Zone No. 9B (Harris Annex in Rancho Santa Fe) will

have a direct impact on residents in these communities by providing a mechanism to fully fund

continued access to safe and well-maintained roads. This action promotes equity by ensuring that

residents within these zones, who are directly impacted by the condition of local roads, have a

fair and transparent process to participate in funding decisions that affect their daily safety,

mobility, and long-term community sustainability.

SUSTAINABILITY IMPACT STATEMENT

Today’s action supports the County of San Diego’s (County) Sustainability Goals to protect the

health and wellbeing of residents, ensure equitable access to services, and strengthen community

resilience by continuing to fund the operation, maintenance, and improvements of local roads.

Well-maintained roads promote public safety, support economic sustainability by preventing

more costly reconstruction in the future, and ensure reliable access for residents, emergency

services, and local businesses. Maintaining roads in good condition also reduces vehicle wear,

lowers greenhouse gas emissions from inefficient travel, and extends the lifespan of existing

infrastructure.

FISCAL IMPACT

Funds for this request are included in the Fiscal Year 2025-26 Operational Plan in the

Department of Public Works. If approved, this request will result in costs and revenue of

approximately $2,500 to $5,000 in Fiscal Year 2025-26 for a special election. The funding

source is property owner-paid special taxes within Permanent Road Division (PRD) No. 1000,

Zone No. 9B (Harris Annex in Rancho Santa Fe). If approved, today’s action will authorize a

special election allowing registered voters within the affected PRD to determine by a vote to levy

special taxes to fully fund the operation and maintenance of local roads. The proposed special

taxes will recover all costs associated with maintaining these facilities and the staff and

engineering costs associated with today’s action as required by Board Policy B-29. Accordingly,

there is no projected unrecovered cost and a waiver of Board Policy B-29 is not needed. There

will be no change in net General Fund cost and no additional staff years required.

BUSINESS IMPACT STATEMENT

N/A

ACTION:

ON MOTION of Supervisor Desmond, seconded by Supervisor Lawson-Remer, the Board of

Supervisors took action as recommended, and adopted Resolution No. 26-013, entitled:

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO

CALLING FOR A SPECIAL MAIL-BALLOT ELECTION WITHIN PERMANENT ROAD

DIVISION NO. 1000, ZONE NO. 9B - HARRIS ANNEX, COUNTY OF SAN DIEGO, STATE

OF CALIFORNIA FOR THE PURPOSE OF IMPOSITION OF A SPECIAL TAX FOR ROAD

MAINTENANCE SERVICES, and took action to further consider and adopt the Ordinance on

July 14, 2026.

AYES:

Aguirre, Anderson, Lawson-Remer, Montgomery Steppe, Desmond

SUBJECT:

AUTHORIZE SUBCONTRACTOR SUBSTITUTION FOR THE

CALAVO PARK PROJECT (DISTRICT: 4)

OVERVIEW

This Board Letter provides the results of a subcontractor substitution hearing convened to

determine whether De la Fuente Construction (DLF), the prime contractor for the Calavo Park

project under Contract No. 571951, has demonstrated adequate grounds to substitute Johnston

Tractor, Inc. for the current subcontractor to carry out necessary grading work as part of the

project and asks the Board to adopt the Hearing Officer’s recommendation. The Hearing Officer

found DLF has adequate grounds to affect the substitution. The Board of Supervisors (Board)

may (1) ratify the Hearing Officer’s determination and allow the substitution to proceed or (2)

order a new hearing to consider the matter.

Under Public Contract Code (PCC) section 4107, when a prime contractor desires to substitute a

new subcontractor to complete work initially assigned to a different subcontractor, the prime

contractor must first seek the County’s consent. The County is then required to inform the

existing subcontractor of the request and, if the existing subcontractor objects, the County must

hold a hearing to determine whether substantial evidence supports authorizing the substitution

based on the criteria enumerated in PCC section 4107. After hearing evidence from both parties,

the Hearing Officer makes a recommendation. Under PCC section 4114, the Board then has the

option of ratifying the Hearing Officer’s recommendation or ordering a new hearing to consider

the matter.

The Department of Parks and Recreation informed the current subcontractor of DLF’s request to

substitute Johnston Tractor, Inc. for the current subcontractor on January 30, 2026. The current

subcontractor objected to the substitution on February 5, 2026. A hearing on the matter was held

on February 25, 2026. In Attachment A the Hearing Officer found, based on substantial

evidence, the criteria under PCC section 4107(a)(3) and (7) are met and recommends approving

the subcontractor substitution request.

RECOMMENDATION(S)

CHIEF ADMINISTRATIVE OFFICER

1. Find that the proposed Board of Supervisors action is exempt from provisions of the

California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and

15378(b)(5) of the State CEQA Guidelines

2. Approve the Hearing Officer’s recommendation and allow DLF to proceed with

substituting Johnston Tractor, Inc. for the current subcontractor under Contract No.

571951 for the Calavo Park project.

EQUITY IMPACT STATEMENT

The recommended action replaces a subcontractor on a significant County construction project at

the conclusion of an unbiased process designed to protect the due process rights of the

contractors involved. This supports the efficient implementation of a County project while

ensuring fairness and justice in access to County contracting opportunities.

SUSTAINABILITY IMPACT STATEMENT

N/A

FISCAL IMPACT

There is no fiscal impact associated with this recommendation. There will be no change in net

General Fund costs and no additional staff years.

BUSINESS IMPACT STATEMENT

The recommended action replaces a subcontractor exhibiting unsatisfactory performance on a

significant County construction project at the conclusion of an unbiased process designed to

protect the due process rights of the contractors involved. This helps ensure a continued level

playing field for contractors seeking to do business with the County.

ACTION:

ON MOTION of Supervisor Montgomery Steppe, seconded by Supervisor Aguirre, the Board of

Supervisors took action as recommended, on Consent

SUBJECT:

NON-AGENDA PUBLIC COMMUNICATION (DISTRICTS: ALL)

OVERVIEW

Madison Rapp spoke regarding emerging research on cardiovascular harms

associated with chronic cannabis use, including smoked and edible THC

products, and urged the Board to consider these public health impacts when

implementing the Social Equity Cannabis Program.

Kelsey Coughlin spoke regarding animal welfare at the County’s Carlsbad

animal shelter, the lack of an active volunteer program, the need for expanded

low-cost spay and neuter services, and concerns about alleged neglect of horses

on Artesian Road.

Kathleen Lippitt expressed concern that recent Board policies, including

cannabis equity policies, marginalize residents of unincorporated communities

and negatively impact public health and community representation.

Peggy Walker commented on the proposed Consumer Fairness and Public

Protection Unit, urging that it scrutinize marijuana industry claims, the public

costs of high-potency THC products, and related social and health impacts.

Blair spoke about the importance of reinstating and properly managing the

volunteer program at the Carlsbad animal shelter, expanding accessible

spay/neuter services, and ensuring euthanasia decisions are not driven by

resource constraints.

Zohra Fahim spoke on behalf of Los Angeles Alliance for Animals, alleging

ongoing severe neglect of horses on Artesian Road and similar longstanding

concerns at Villa Chardonnay, and urged stronger enforcement and prosecution

of animal cruelty.

Nancy Knott spoke regarding the Carlsbad and Bonita animal shelters, stating

that community members have been unable to volunteer at the Carlsbad shelter

for approximately one year, and requested accountability, reopening of volunteer

opportunities, and responses from the Board offices.

Becky Rapp commented on a recent Consumer Fairness and Public Protection

webinar hosted by Supervisor Lawson-Remer, raised concerns about lack of

transparency regarding participants and chat/Q&A, and referenced tobacco

litigation as an example of product harms and corporate accountability.

Ann Riddle reported on State legislation AB 455 regarding disclosure of

smoking and vaping in single-family homes, emphasized the risks of

secondhand and thirdhand smoke and vapor (including marijuana), and

questioned why the County would expand marijuana retail access if it is

prioritizing public health.

ACTION:

Heard, Referred to the Chief Administrative Officer.

There being no further business, the Board of Supervisors adjourned at 11:10 a.m.

ANDREW POTTER

Clerk of the Board of Supervisors

County of San Diego, State of California

Consent: Valdivia

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.