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Home My WebLink About2004-11-02; Ballot Pamphlets( 0-ACCESS?tDELIVE=0 3 <J CDN T3 fi ST Og on> > » —™ Z 3- Q CO* M • YOUR POLLpamphlet with•<: 9 g 0s :° £r p>Q (~}•o rnW cn 0 > =£3 t 3 CD — •% 3=(Q C/5 Si" CD -a' (D0O.CD Q. CD W c/5"a. C? CD o (O 00-' CD CDQ. OLd. 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S. o.MAIL OR DELIVER TREGISTRAR OF VOTI5201 RuffmRd., Suite IPO Box 85520San Diego CA 92186-55FAX: 858-694-2955- »* g „ E/5 Z Qd o b zT3 S t)!i!lfo S ^731^ I County of San Diego Sample Ballot & voter information Pamphlet GENERAL ELECTION TUESDAY, NOVEMBER 2, 2004 ABSENTEE VOTERS: / Save this pamphlet for voting; another will not be sent with your ballot POLL VOTERS: / Check back cover tor your polling place. Polls open at 7a.m. and close at 8 p.m. / Don't wait! Call before Election Day if directions are needed or check www.sdvole.com / Mark and take this pamphlet with you to the polls Secretary of State will mail information about the state propositions. 200 Go to www.sdvote.conn for election night results. Llame al 858-565-5800 para solicitar information sobre los servicios de votacion disponibles en espafiol. Tumawag sa 858-565-5800 upang magtanong tungkol sa mga serbisyo sa pagboto na makukuha sa wikang Filipino. Xin gpi so 858-565-5800 d§' hoi ve cac dich vy bSu ctf bang tie'ng Viet. Sally McPherson, Registrar of Voters 5201 Puffin Road, Suite I San Diego, CA 92123 858-565-5800 or 1-800-696-0136 200 Voter Information! Procedure To "Clean Up" The Voter Rolls To keep the roster of registered voters as accurate as possible arid reduce election costs, the San Diego County Registrar of Voters will be using a procedure - known as "Alternate Residency Confirmation" - that permits removal from the active voter roll the names of those registered voters who have NOT voted in any election nor had their registration updated in the preceding four (4) years. Following the November 2, 2004 General Election, registered voters who have not voted nor had their registrations updated during the last four (4) years will be mailed a postcard notice to confirm their residency. The pre-addressed return postage-paid card MUST BE RETURNED to the Registrar of Voters by the registered voter should he or she wish to remain on the active voter roll. If the card is not returned in 15 days, or is returned by the postal service as undeliverable, the voter's registration will be moved to the inactive voter roll. Registrants on the inactive voter roll are not sent election materials - saving taxpayer dollars - and may be required to show proof of current residency in order to vote in future elections. This notice is a legal prerequisite to using the "Alternate Residency Confirmation" procedure (California Elections Code Section 2224c). Voting is simple, secret and secure with the Optical Scan Paper Ballot System 1. Check InReceive ballot, marker, and secrecy sleeve from Poll Worker. 2. Vote Completely fill in the ovals.DO NOT circle or mark ovals with an "X" or a "/"• 3. Complete BallotVote both sides of the ballot.4. Review BallotTake time to check your ballot 5. Keep It SecretPlace your completed ballot into the secrecy sleeve. 6. Cast Ballot Feed your ballot into the scanner. Poll Workers are available to help you if you have questions or need assistance For more information please visit www.sdvote.com or call 858.565.5800. FP-61-1 N SD 200-001 PRESIDENT/VICE PRESIDENT Vote for One Party LEONARD PELTIER; T1 JANICE JORDAN ~JOH¥FT KERRY; j_J JOHN EDWARDS 1' _J" DAVID COBB/ [ j PATLAMARCHE ..... (3EORGEW. BUSH/ |_ j RICHARD CHENEY MICHAEL BADNARIK/ j_J RICHARD CAMPAGNA MICHAEL ANTHONY PEROUTKA; p~l CHUCK BALDWIN 1 i D PEACE AND FREEDOM DEMOCRATIC REPUBLICAN LIBERTARIAN AMERICAN INDEPENDENT UNITED STATES SENATOR Vote for One D MARSHA FEINLAND Public School Teacher D BARBARA BOXER U.S. Senator D BILL JONES Farmer/Businessman DON J. GRUNDMANN Doctor of Chiropractic JAMES P, "JIM" GRAY j j Judge PEACE AND FREEDOM DEMOCRATIC REPUBLICAN AMERICAN INDEPENDENT ** » !T^'liy-j*" ^.t w \ *" "* ^ A. I \ "* w , -r^ ^RJgftft.'- UNITED STATES REPRESENTATIVE crvru niCTDif^T Vote for One RANDY "DUKE" CUNNINGHAM 1 j United Slates Representative REPUBLICAN GARYM.WAAYERS 1 1 College Biology Professor GREEN DIANE TEMPLIN D Attorney /Realtor/Businesswoman AMERICAN INDEPENDENT ._ f-RANCIHE P. BUSBY 1 j Governing Board Member, Cardiff School District BRANDON C. OSBORNE [ j Farrier/Horseshoer a | , ,,-;. ,, SPfE ^ MEMBER OF THE ^T&TP A^*sFMRl V 74TH DISTRICT Vote for One PAUL KING [ j Small Businessowner LIBERTARIAN MARKWYLAND [ j Small Business Owner REPUBLICAN KAREN R. UNDERWOOD [ j Physician DEMOCRATIC D """••^i" "'»"' """ ^w^i«.."B.uU..l-.>.».l.w-«,Hlpr.,.,lu.,.M,,llii,..., ..i,.. .,.„... ..^....y 1 ELECTION -NOVEMBER 2, 2004 A.-.V .• C9|INTY C ^OIG|AL JUDGE OF THE SUPERIOR COURT OFFICE NO. 1 Vote for One PATRICIA YIM COWETT I I Judge of the Superior Court JUDGE OF THE SUPERIOR COURT OFFICE NO. 24 Vote for One DAVID M. HENDREN [ j Prosecutor JOSEPH P. BRANNIGAN | j Federal Prosecutor SCHOOL; nJ, sJ"v v , MIRACOSTA COMMUNITY COLLEGE DISTRICT MEMBER, GOVERNING BOARD TRUSTEE AREA NO. 3 Vote for One ANDREW MAURO [ j Appointed Incumbent JACQUELINE SIMON [ j Community College Instructor D DEEFF841 1033 00580 01 N SO 200-002 805305BF 1033 00580 02 N SD 200-003 •. , i. w "i* T*. *•." Wv7j^T '*. V" ** ^Sg^ ^^-^'^" m,l[v. .jMan" ^^^ ••• •*> .jy^ ^"-^ x/..^. f. ' ' t1' •"'tSShJ?—'v 4-»>S».«J.if<S ^ftiftirj^'&t'f-**^ m 2, 2004 CITY OF CARLSBAD MEMBER, CITY COUNCIL Vote for no more than Two D WILLIAM S. JUBB Banking D JOHN S. GILL Financial Services Manager ANN J. KULCHIN Councils oman OFELIA E. "OFIE" ESCOBEDO Businesswoman, Carlsbad i U NOUiME SiGAFOOSE Businesswoman, Carlsbad TRACY CARMICHAEL Coinniuniiy Volunteer WM. UAYiD WELLS Consultant'Aibitator D ':*>;:.'> LEUCADIA WASTEWATER DISTRICT MEMBER, BOARD OF DIRECTORS Vote for no more, than Three D ALLAN JULIUSSEN General Contractor D LOIS HUMPHREYS Environmental Public Relations. D JUDY HANSON Finance Supervisor D SAMUEL A, SMALLEY Civil Engineer D D OFFICIAL BALLOT COUNTY OF SAN DtEQO - GENERAL ELECTION - NOVEMBER 2,2004 MEASURES SUBMITTED TO THE VOTERS STATE PROP 1A PROTECTION OF LOCAL GOVERNMENT REVENUES, Ensures local properly tax and sales tax revenues remain wUh local government thereby safeguarding funding for public safety, health, libraries, parks, and other local serv ices. Prov isions can only be suspended if the Gov ernor declares a fiscal necessity and two-thirds of the Legislature concur. Fiscal Impact Higher local government revenues than otherwise would have been Ihe case, possibly in the billions of dollars annually over time. Any such local revenue impacts would result in decreased resources to the state of similar amounts. YES n NO PROP 59 PUBLIC RECORDS, OPEN MEETINGS. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Amends Constitution to include puolic's right of access b meelings of government bodies andwriSngs of government officials. Preserves specified constitutional rights; retains existing exclusions for certain meetings and records. Fiscal impact Potential minor annual state and local government costs to make additional information available to the public. D NO STATE PROP 60 ELECTION RIGHTS OF POLITICAL PARTIES. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Requires general election ballot include candidate receiving most votes among candidates of same party for partisan office in primary election. Fiscal Impact No fiscal effect. D YES NO PROP 60A SURPLUS PROPERTY. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Sale proceeds of most surplus state property pay off specified Bonds. Fiscal Impact Net savings over the longer erm-poienSally low tens of millions of dollars-ircm accelerated repay mam of existing bonds. nY£S L PROP 61 CHILDREN'S HOSPITAL PROJECTS. GRANT PROGRAM. BOND ACT. INITIATIVE STATUTE. Authorizes $750 million general obligalion bonds fur grants to eligible children's'hospitals ior constructor expansion, remodeling, renovation, furnishing and equipping children's hospitals. Fiscal Impact Slate cost of about $1.5 billion over SOyears to pay off both de principal ($750 million) and interest ($756 million) costs of Ihe bonds. Pay ments of about $50 million per year. D YES D NO 65754206 1033 00580 03 N SD 200-004 4FD89995 1033 00580 04 N SD 200-005 <*.? PROP 62 ELECTIONS. PRIMARIES. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Requires primary elections where voters may vole for any state or federal candidate regardless of party registration of voter or candidate. The two primary-election candidates receiving most votes for an office, whelher Ihey are candidates with "no party" or members of same or different party, would be listed on general election ballot Exempts presidential nominations. Fiscal Impact No significant net iscal effect on state and local governments. D YES D NO PROP 63 MENTAL HEALTH SERVICES EXPANSION, FUNDING. TAX ON PERSONAL INCOMES ABOVE $1 MILLION. INITIATIVE STATUTE. Establishes 1% tax on lax able personal income above $1 million to liind expanded healti services for mentally ill children, adults, seniors. Fiscal Impact Additional state revenues of about $800 million annually by 2006- 07. wit\ comparable annual increases in Wai state and county expenditures for expansion of mental health programs. Unknown partially oflseffing savings to state and local agencies. D YES NO SU9& '""ZJ Sfs.-^^ttf n- PROP 64 LIMITS ON PRIVATE ENFORCEMENT OF UNFAIR BUSINESS COMPETITION LAWS. INITIATIVE STATUTE. Allows individual or class action "unfair business" lawsuits only if actual loss suffered; only government officials may enforce these laws on public's behalf. Fiscal Impact Unknown'state fecal impact depending on whether the measure increases or decreases court workload and the extent to which diverted funds are replaced. Unknown potential costs to local governments, depending on the extent to which diverted funds are YES D NO PROP 65 LOCAL GOVERNMENT FUNDS, REVENUES. STATE MANDATES. INITIATIVE CONSTITUTIONAL AMENDMENT. Requires voter approval for reduction of local fee/tax revenues. Permits suspension of state mandate if no state reimbursement to local government wilhin 180 days after obligation determined. Fiscal Impact Higher local government revenues than otherwise would have been the case, possibly in Die billions of dollars annually overtime. Any such local revenue impacts would result in decreased resources to the state of similar amounts. YES D NO - NOVEMBIR % 2004 • MEASURES SUBMITTED TQTftlWTERS PROP 66 LIMITATIONS ON "THREE STRIKES" LAW. SEX CRIMES. PUNISHMENT. INITIATIVE STATUTE. Limils Three Strikes" law t> violent and/or serious felonies. Permits limited re-sentencing under new definite. Increases punishment for specified sex crimes against children. Fiscal Impact Over the long run, net stale savings of up to several hundred million dollars annually, primarily to the prison system; local jail and court-related costs of potentially more ten ten million dollars annually. D YES D NO PROP 67 EMERGENCY MEDICAL SERVICES. FUNDING. TELEPHONE SURCHARGE. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Increases telephone surcharge ard allocates other funds for emergency room physicians, hospital emergency rooms, community clinics, emergency personnel training/equipment, and 911 telephone system. Fiscal Impact Increased slate revenues of about $500 million annually to reimburse physicians and hospitals for uncompensated emergency medical services and otier specified purposes. Continues $32 million in state funding foi phy sicians and clinics for uncompensated medical care. D YES D NO STATi PROP 68 NON-TRIBAL COMMERCIAL GAMBLING EXPANSION. TRIBAL GAMING COMPACT AMENDMENTS. REVENUES, TAX EXEMPTIONS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Authorizes tribal compact amendments. Unless tribes accept authorizes casino gaming for sixteen non-tribal establishments. Percentage of gaming revenues fund government services. Fiscal Impact Increased gambling revenues-potentially over$1 billion annually- primarily to local governments for additional specified services. Depending on outcome of tribal negotiations, potential loss of state revenues totaling hundreds of millions of dollars annually. , YESD NO PROP 69 DNA SAMPLES. COLLECTION, DATABASE. FUNDING. INITIATIVE STATUTE. Requires collection of DNA samples from all felons, and trom others arrested lor or charged with specified crimes, and submission to state DNA dataoase. Provides for funding. Fiscal Impact Net state cost to process DNA samples of potentially nearly $20 million annually when costs are fully realized. Local costs likely more than lully offset by revenues, with the additional revenues available for other ON A-related activities. YES D192D191 1033 00580 05 N SD 200-006 89B7DB83 1033 00872 06 N SD 200-007 OFFICIAL BALLOT COUNTY OF SAN DIEGO - GENERAL ELECTION -NOVEMBER 2,2004 MEASURES SUBMITTED TOTHEVQTStt PROP 70 TRIBAL GAMING COMPACTS. EXCLUSIVE GAMING RIGHTS. CONTRIBUTIONS TO STATE. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Upon tribe's request Governor must execute 99-year compact Tribes contribute percentage of net gaming income to state funds, in ex change for expanded, exclusive tribal casino gaming. Fiscal Impact Unknown effect on payments to the state from Indian tribes.' The potential increase or decrease in these payments could be in the tens of millions to over a hundred million dollars annually. _, YES J STATE PROP 72 HEALTH CARE COVERAGE REQUIREMENTS. REFERENDUM. A "Yes" vote approves, and a "No" vote rejects legislation requiring health care coverage for employees, as specified, working for large and medium employers. Fiscal impact Significant expenditures fully offset mainly by employer fees, for a state program primarily to purchase private health insurance coverage. Significant county health program savings. Significant public employ er health cov erage cosls. Significant net state revenue losses. Overall unknown net state and local savings or costs. D YES r- N0i COUNTY OF SAN DIEGO ! PROP 71 STEM CELL RESEARCH. FUNDING. BONDS. ! INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. |'! his measure establishes "California Institute for Regenerative I Mudidne" la regular and fund stem ceil research, constitutional i light to conduct such research, and oversight committee, j Prohibits funding of human reproductive cloning research. Fiscal Impact: State cost of about $6 billion over 30 years to pay off both tie principal ($3 billion) and interest ($3 billion) on the bonds. State payments averaging about $200 million per year. YES NO SAN DIEGO COUNTY REGIONAL TRANSPORTATION COMMISSION HROP A 3AN OIEGO.COUNTY TRANSPORTATION IMPROVEMENT PROGRAM. To reliev e traffic congestion, improve safety, and match state/federal funds by: Expanding !-5, W, 1-15, SR 52, SR 54, SR 56, SR 57, SR 76, SR 78, SR 94, SR 125,1-805; Maintaining/improving local roads; Increasing transit for seniors and disabled persons; Expanding commuter express bus, trolley, Coaster services; Shall San Diego County voters continue (he existing half-cent transportation sates tax (SDCRTC Ordinance 04-01) for forty years, including creating an independent Tax payer Oversight Committee to conduct yearly audits ensuring voter mandates are met? a YES a NO COUNTY OF SAN DIEGO PROP B INITIATIVE ORDINANCE TO REPEAL THE GREGORY CANYON LANDFILL AND RECYCLING COLLECTION CENTER ORDINANCE Shall this InifeSve be adopted for tie purpose of preventing tie future construction of the Gregory Canyon Landfll and Recycling Collection Center by _refaling fte 1994 voter-aPProved Gregory Canyon ordinance? D YES D NO A60C847D 1033 00872 07 N SD 200-008 MB78E2A 1033 00591 08 N SD 200-009 VOTER INFORMATION PAMPHLET The following pages contain STATE SENATE AND ASSEMBLY CANDIDATES ACCEPTING VOLUNTARY SPENDING LIMITS and CANDIDATES! STATEMENTS and LOCAL BALLOT MEASURES, TAX RATE STATEMENTS, ANALYSES, ARGUMENTS, REBUTTALS AND ORDINANCES (whichever are applicable to your ballot) TWO SEPARATE CALIFORNIA STATE PAMPHLETS (IN 8% X 11 NEWSPRINT) ARE PROVIDED BY THE SECRETARY OF STATE AND CONTAIN INFORMATION CONCERNING THE STATE PROPOSITIONS. ARGUMENTS AND REBUTTALS Arguments in support of or in opposition to the proposed measures are the opinions of the authors and have not been checked for accuracy by any official agency. ~ CANDIDATES' STATEMENTS Senate and Assembly candidates who accepted voluntary spending limits, as well as all candidates for local nonpartisan offices had the opportunity to submit a statement. The following pages may not con an a statement for every candidate, as some candidates chose no: to submit one. The statements are the opinions of the authors andI have not been checked for accuracy by any official agency. Candidate statement costs are paid by the candidate or, in some cases by the jurisdiction. (A complete list of candidates appears on the SAMPLE version of the Official Ballot in this pamphlet.) _ CANDIDATES ACCEPTING VOLUNTARY SPENDING LIMITS (These provisions apply to State Senate and Assembly candidates only,.) Pursuant to Proposition 34 adopted by the voters at the November 7, 2000 General Election, the following candidates have accepted voluntary spending limits and, therefore, are eligible to submit a candidate statement. This notice will not apply if no candidates for State Senate or Assembly have qualified for the ballot in your party. CANDIDATES BY DISTRICT 39th State Senate John Murphy, LIB 66th CANDIDATE STATEMENT SUBMITTED NO State Assembly Jack N. Lee, LIB Laurel Nicholson, DEM 73rd Kathleen Calzada, DEM Andrew H. Favor, LIB 74th Paul King, LIB Karen R. Underwood, DEM 75th NO YES 1 State Assembly NO I YES State Assembly NO n YES State Assembly Karen Heumann, DEM George A. Plescia, REP Richard J. Senecal, LIB 76th YES YES NO I State Assembly Jennifer Osborne, LIB | NO ] Lori Saldana, DEM 77th Virgj[ "RajioyMHIan II, LIB Chris Larkin, DEM 78th Josh Hale, LIB 79th Eli Wallace Conroe, LIB Juan Vargas, DEM YES ' State Assembly NO L_ YES State Assembly NO State Assembly NO J [ YES FP-03-8 N SD 200-010 FP-53 N SO 200-011 STATE ASSEMBLY ' 74th District - Democratic DR. KAREN UNDERWOOD Pediatrician I'm Dr. Karen Underwood. I'm a medical doctor with a practice in pediatrics. I disagree .with votes made on the Capitol on issues important to the health of our children. That's why I decided to run for the State Legislature. I need your support and I will earn it. I believe keeping children away from cigarettes is of crucial importance. The tobacco lobby is big business - and they argue that an attack on them is an attack on business. But addicting children is a bad business, and it should be stopped. That shouldn't make me different but it does. When elected I will change the law to outlaw: 1. Selling cigarettes in vending machines - only living salespersons can ask for identification. 2. Smoking in cars with children so young they must legally be placed in "child seats". A TOBACCO TAX IS THE ONLY TAX INCREASE I WOULD SUPPORT IN THE LEGISLATURE. My fight to keep tobacco from children and my pro-choice position on women's health issues have earned me the support of the California Nurses Association. www. underwoodforassembly.org COUNTY OF SAN DIEGO Judge of the Superior Court - Office No. 24 DAVID M. HENDREN Prosecutor/Deputy District Attorney Join Every Major Police & Prosecutor Organization In Endorsing Hendren: SHERIFF BILL KOLENDER . . . SAN DIEGO POLICE . . . SAN DIEGO DEPUTY SHERIFFS ... C.H.P.... Chula Vista Police ... Oceanside Police ... Coronado Police ... Escondido Police... El Cajpn Police . . . National City Police . . . Harbor Police . . . P.O.R.A.C. (54,000 officers). . . San Diego Deputy District Attorneys . . . California Deputy Attorney Generals . . . WomenProsecutors of California. MOST EXPERIENCED: Only candidate to prosecute... murderers ... child molesters ... rapists. . . cop killer. . . 1,000+ criminals , . . with civil and legislative experience. HIGHEST RATED LAWYER: Received highest rating from nation's largest independent lawyerrating service. „ DISTRICT ATTORNEY BONNIE DUMANIS says: "David successfully prosecuted some of SanDiego's most vicious criminals. He's honest, fair and clearly the best choice." EXPERT LEGAL MIND: U.C.L.A. Law Review . . . handpicked to advise Legislature . . . policeinstructor. . . formerly with premier San Diego firm. FIREFIGHTERS' CHOICE: San Diego Firefighters . . . Oceanside Firefighters . . . San DiegoRetired Fire/Police. CRIME VICTIMS' CHOICE: Father of murder victim Polly Klaas ... Amber Foundation for Missing/ Exploited Children. JUDGES' CHOICE: Endorsed by dozens of judges. . . . "Hendren's one of San Diego's finest lawyers." Judge John Thompson. COMPASSIONATE: Volunteers in church . . . school. . . free legal services to poor. < . marriedwith children, ages 7 and 4. CALIFORNIA'S TOP LAW ENFORCEMENT OFFICER says: "Hendren's smart, honest anddedicated to justice. He'll be an ideal judge." Attorney General Bill Lockyer www.HendrenforJudge.com COUNTY OF SAN DIEGO Judge of the Superior Court - Office No. 24 JOSEPH P. BRANNIGAN Age: 54 Federal Prosecutor 25 YEARS OF LAW ENFORCEMENT EXPERIENCE - Has prosecuted criminals in State and Federal courts. Rated Well Qualified (highest rating) by San Diego County Bar Association. ASSISTANT UNITED STATES ATTORNEY: Prosecutes criminals violating Federal law ... International Drug and Alien Smugglers ... Money Launderers ... Child Pornographers ... Bank Robbers . . . Identity Thieves. FORMER DEPUTY DISTRICT ATTORNEY: Prosecuted criminals violating State law... Domestic Violence . . . Burglary . . . Homicide . . . Major Drug Dealers . . . Drunk Drivers. FORMER FBI AGENT: Investigated International Terrorism . . . Organized Crime . . . Political Corruption . . . Corporate Fraud . . . Foreign Counterintelligence. MILITARY SERVICE: Army Officer. . . Infantry . . . "Big Red One" . . . Judge Advocate General (JAGl POLICE AND PROSECUTORS' CHOICE: Endorsed by Oceanside, La Mesa, Coronado Police Officers Associations ... Latino Peace Officers Association ... Seven Former United States Attorneys ... San Diego City Attorney Casey Gwinn ... San Diego Fraternal Order of Police and Former FBI Agents Associations . . . National Association of Assistant United States Attorneys. CRIME VICTIMS' CHOICE: Endorsed by Doris Tate Crime Victims Bureau and Citizens for Law and Order. JUDGES' CHOICE: Endorsed by dozens of Superior Court Judges based upon decades of law enforcement experience, judicial temperament, integrity, fairness and sound judgment. Married 23 years ... 8 year old son . . . Volunteers in church, school and community activities. A career committed to safe streets, communities, schools - and protecting families and society. Vote for EXPERIENCE . . . DEDICATION . . . INTEGRITY www.BranniaanForJudge.com CS-0374-1 N SD 200-012 CS-04AO-1 N SD 200-013 MIRACOSTA COMMUNITY COLLEGE DISTRICT Member, Governing Board - Trustee Area No. 3 ANDREW MAURO Age: 60 Community College Trustee Community Involvement: I have been an active and involved Encinitas resident for over 30 years. I have served as president of the San Oieguito Citizens Planning Group, San Diego County Flower and Plant Association, and San Elijo Lagoon Conservancy. I have coached youth sports and continue to lead numerous public nature walks in our local reserves. In my career I have been responsible for planning and managing the Del Mar Fair, and overseeing the construction of the grandstand and other new facilities at the fairgrounds. I have served on the Cardiff Town Council and am currently a trustee for MiraCosta Community College. As a current Trustee of MiraCosta Community College, my responsibility is to ensure our community is well served in the operation of the college and the programs it offers. I energetically embrace my role in shaping and approving .the policies that guide MiraCosta, helping maintain its position as one our country's most successful community colleges. A vote for me as Trustee will allow me to continue to help MiraCosta Community College provide all segments of our community with open access to life-long learning and educational enrichment. CITY OF CARLSBAD (Member of the City Council WILLIAM S. JUBB Age: 58 Banking This election is about choices and direction. The citizens of Carlsbad need and deserve a member of the City Council that responds to the citizen's requests in a timely and direct manner. My commitment is to listen, ask the tough questions and make a fair and impartial decision, which is something presently lacking. The individuals that have gone before the City Council have been frustrated by pre made decisions and foregone conclusions. I offer the citizens of Carlsbad an opportunity to correct this problem. As a Carlsbad resident for over 20 years, I am aware of the current changes, traffic problems and school conditions. The vast amount of developments presently under way will also have a dramatic influence on Carlsbad. The future requires a strong individual that is capable of making difficult arid independent decisions necessary to protect the integrity of Carlsbad. It is my intent to consider the impact of all decisions on local citizens and local businesses. It is now time to consider your choices for the future of Carlsbad and give a clear statement of direction you want the City of Carlsbad to go. Thank you for your time and consideration, Bill Jubb LL.B, J.D., Broker, Teacher. MIRACOSTA COMMUNITY COLLEGE DISTRICT Member, Governing Board - Trustee Area No. 3 JACQUELINE SIMON Community College Educator EDUCATION: Master of Arts in Speech Communication, California State University, Hayward. . . . Bachelor of Arts in Journalism, San Jose State University. EXPERIENCE/LEADERSHIP: I have over seventeen years of teaching experience at the community college level as well as experience in the private sector writing and producing technical and educational manuals. I have been elected as a representative to a community college educators association. I served as the election committee chairperson of the association. I am a member of the Society for Technical Communicators. ! am the best candidate tor this position because of my vision for the future of Miracosta College. I foresee a college devoted to the community, to the students, to the faculty, to the administrators, and to you the taxpayers who make this great community college possible. I will work hard, attending all Board of Trustee's meetings and functions and being available to all constituents to discuss mutual concerns. VOTE FOR JACKIE. CITY OF CARLSBAD Member of the City Council JOHN S. GILL Financial Services Company Division Manager SDSU, BS in Business Administration. Carlsbad is a well-run, well-planned, and delightful city in which to live and work due to the efforts of the current and past city councils. I would very much like to support their ongoing plans as the voice of South Carlsbad by bringing forth creative and long-term ideas from a fiscally conservative perspective. My background includes 30 years in the insurance and financial services businesses in management positions. I have been a member of numerous business associations and was elected as an officer to most of them. Just, recently I was an officer of the North County Coastal Community Foundation. As a former beach lifeguard, I am dedicated to public safety and would investigate the feasibility of a Carlsbad lifeguard service. Naturally I am very interested in sandy beaches and swimming facilities. Having coached youth baseball and football, I am committed to recreational opportunities. While on the Encinitas Parks & Recreation Commission, I was instrumental as a "moderate" in writing several compromise positions on thorny issues. Lastly, I would only consider "Big Box" stores in existing retail or industrial zones in the Palomar Airport corridor. Thank you for your vote. CS-35MO-1 N SO 200-014 CS-09AO-1 N SO 200-015 CITY OF CARLSBAD Member of the City Council ANN J. KULCHIN Council Member, City of Carlsbad ANN KULCHIN ... AN EXPERIENCED AND EFFECTIVE COMMUNITY LEADER. Vote for ANN KULCHIN. ANN has a long history of commitment to our community. She has proven her ability to manage tough local and regional governmental issues. ANN'S experience qualifies her to continue in a leadership role. Now more than ever, we need experienced people, to make the important decisions that affect our quality of life. ANN continues to work to preserve our quality of life by: BEING FISCALLY CONSERVATIVE . . . BUILDING AND EXPANDING LIBRARY SERVICES . . . ENFORCING THE GROWTH MANAGEMENT PLAN . . . REVITALIZING DOWNTOWN CARLSBAD . . . RESTORING OUR BEACHES . . . PLANNING AND BUILDING COMMUNITY PARKS. ANN'S government involvement demonstrates her leadership ability: Chair, Sandag Shoreline Preservation Committee... Past President, San Diego Water Agencies ... Past President League of California Cities, Past Chair, North County Transit Board. ANN LISTENS. SHE KNOWS HOW TO GET THINGS DONE. IN RETURN FOR YOUR VOTE, YOU WILL GET ENERGY, EXPERIENCE AND UNSELFISH COMMITMENT. ANN IS DEDICATED TO YOU AND TO MAINTAINING CARLSBAD'S REPUTATION AS THE JEWEL OF NORTH COUNTY. VOTE FOR ANN KULCHIN . . . SHE'S RESPONSIVE AND ACCOUNTABLE. CITY OF CARLSBAD Member of the City Council NORINE SIGAFOOSE Age: 59 Business Woman/Hotelier For two decades, Norine Sigafoose has been a citizen advocate with vision, determination and commitment to maintain Carlsbad's high quality of lite. Norine is a business owner, steward of the environment, champion of youth and protector of private property and public interests. Her input has helped city officials make tough decisions that impact Carlsbad. Therefore, Councilmen, Matt Hall and Mark Packard and business leader, Jeff Segall, wholeheartedly endorse Norine for City Council. A leader in tourism, Norine served as Chair of the Carlsbad Convention and Visitors Bureau, guiding the local industry to generate millions of dollars for our general fund. Devoted to safeguarding our valued open space, Norine chairs the Carlsbad Beach Preservation Committee and supports completion of the trail system. As a retired Carlsbad School District employee, Norine recognizes the potential and challenges facing our youth. She has served on the Boards of Directors of Carlsbad Boys and Girls Club and the YMCA. Public safety, transportation issues and coordination with the school districts are three of her main concerns. Norine believes with prudent fiscal practices, smart planning and conscientious public policy, together we can enhance the many qualities that make us proud to cail Carlsbad cur home. CITY OF CARLSBAD Member of the City Council OFELIA (OFIE) E. ESCOBEDO Partner/Owner, Lola's Market/Deli I love Carlsbad. Carlsbad is a special place for me, filled with many happy memories. I want Carlsbad to continue being the kind of town where the residents still respect and understand each other, a place where families can walk around in safety and their children thrive and grow. I will continue to fight for improving the quality of life for all our citizens making sure that everyone can enjoy the fruits of their labor. Listening and addressing the concerns of our community will continue to be high on my agenda. I have the experience and knowledge to guide Carlsbad into the future and will address the problems that affect us to the best of my ability. CS-09AO-2 N SD 200-016 CITY OF CARLSBAD Member of the City Council TRACY CARMICHAEL Businesswoman TRACY CARMICHAEL is what Carlsbad is all about. TRACY CARMICHAEL is one of the reasons Carlsbad is such a great place to live and raise a family. TRACY CARMICHAEL is a dedicated parent and wife, local businesswoman, longtime homeowner, and dedicated community volunteer. You may have already voted for Tracy twice before. TRACY CARMICHAEL served as President and member for the Board of the Carlsbad Unified School District. She was elected in 1994 and reelected in 1998. TRACY CARMICHAEL'S COMMUNITY SERVICE: Served as Member: Carlsbad Unified School District Fiscal Policy Team and Strategic Planning Team... Carlsbad Legislative Action Committee . . . League of Women Voters ... Carlsbad Community Television Foundation . . . Graduate, Carlsbad Citizen's Academy. QUALITY OF LIFE ISSUES: Public Safety: Tracy strongly supports Carlsbad's outstanding police officers, fire fighters and paramedics. . . . Growth Management: Growth is inevitable - unplanned growth is not. Tracy shares your concerns about the changes growth is creating. Existing neighborhood values must be protected and enhanced.... Public Education: Lead the successful school bond campaign for renovation and technology. Tracy will continue to insist that school facility construction will lead residential development. Carlsbad needs and deserves an innovative City Councilmember. Please vote for TRACY CARMICHAEL for Carlsbad City Council. CS-09AO-3 N SD 200-017 CITY OF CARLSBAD Member of the City Council WM. DAVID WELLS Arbitrator N.A.S.D. Consultant CURRENT WORK/ACTIVITIES: Industry Arbitrator (National Association Security Dealers). Consultant major west coast food company. Volunteer Case Manager Interfaith North Coastal Service Center (past board member/vice president). Inspector Board of Elections. Member Benevolent and Protective Order of Elks ... St. Patrick Church. PAST CAREER: National Sales Manager for major food processor; Owner, food brokerage business; professional organization-sales and food industry. HOME LIFE: David and wife Helen have enjoyed ten-year Carlsbad residency. They have eight adult children. Responsible citizenship is important to the Wells family. They will live an interesting and happy "rest-of-their lives" in Carlsbad. DAVID'S COUNCIL CONTRIBUTION WILL BE TOWARD: Continued balance of community services and growth measures. Fresh assessment and attention to needs of contemporary and traditional families of varied ages-concerning personal and social values, with acceptable living opportunities for everyone. Reasonable socioeconomic and lifestyle consideration before major decisions are concluded with long-lasting and costly commitments to more informative reporting to the citizens. LEUCADIA WASTEWATER DISTRICT Member, Board of Directors ALLAN JULIUSSEN General Contractor Age: 58 I am seeking another term as a director because I would like to complete work on various projects,which have been initiated since I have been on the board. As Vice President, I will continue to work hard maintaining low rates and protecting ourenvironment. I am a 28-year resident of the community. As a past chairman of the Encina water pollution controlfacility, I know the long term problems facing us. I would like to be judged on my record so I can continue serving you. With your support, we canmake a difference. LEUCADIA WASTEWATER DISTRICT Member, Board of Directors LOIS E. HUMPHREYS Environmental Public Relations I would appreciate the opportunity to continue to serve my community as a Director for the Leucadia Wastewater District. Over the years of serving as a director, I have focused on two critical objectives: providing the best customer service at the lowest rates to our ratepayers, and preserving the environment of our local beaches and wetlands. With every policy and vote, these two priorities are paramount. Leucadia's sewer service charges are the second lowest in the County. Our District is in sound financial condition because of our financial planning over the years - we not only plan for each year, but we're planning well into the future as well. When many public agencies are facing large deficits, we have adequate reserves to continue to ensure that our facilities, both above ground and below are kept in optimal condition and replaced when needed. These reserves help us prevent sewage spills which in turn, help protect our invaluable water resources. Personally and in my career, my life's work is to help save and protect the environment and make a significant contribution to my community for future generations. I'd like to thank thevoters for giving me the privilege of serving for another term. CS-09AO-4 N SD 200-018 CS-49LO-1 N SD 200-019 LEUCADIA WASTEWATER DISTRICT Member, Board of Directors JUDY K. HANSON Age: 60 Incumbent/Finance Supervisor I have lived in the City of Encinitas for most of my life. I have 39 years of experience in local government. My knowledge in special districts, their purpose and the importance of local control makes me a strong candidate. I am currently serving as president of the San Diego County Chapter of the California Special Districts' Association and as a member of the LAFCO Special Districts' Advisory Committee. I am proud of the progress we have made at the District and of our efficient and responsive service to the community we serve. I will continue my proactive support of water reclamation for irrigation uses which reduces the amount of effluent discharged into the ocean and saves our potable water supply. I will continue my commitment to provide the lowest sewer service charges and maintain a fully funded capital improvement program to upgrade sewer lines and pump stations by forecasting revenues and expenditures into the future. I am dedicated to public education and each individual's role in recycling and the overall protection of our coastal lagoons and ocean environment. I will continue to support public education programs. I would appreciate the opportunity to serve my community for another four years. Thank you. LEUCADIA WASTEWATER DISTRICT Member, Board of Directors SAMUEL A. SMALLEY Professional Civil Engineer Protecting our water and beaches is not only a moral obligation - its good business. As a civil engineer, water enthusiast, and father, I am thoroughly dedicated to preventing sewage spills into our streams, lagoons, and ocean. Protecting our environment and providing superior customer service can be accomplished with a fiscally conservative approach. Leucadia Wastewater was one of only eight special districts in California to be singled out recently by the State of California State Auditor for our agency's business practices; I will help ensure that the operations of our District are in conformance with not only the letter of the law, but the intent. I believe public servants not only need to avoid conflicts of interest, but also must avoid even the perception of a conflict of interest. With over 17 years in the water and wastewater industry, I will bring substantial experience and dedication to this office. It would be my honor to serve the customers of the Leucadia Wastewater District, and those who live, work, and play in our community. SAN DIEGO COUNTY REGIONAL TRANSPORTATION COMMISSION Proposition A (This proposition will appear on the ballot in the following form.) nns\n A SAN DIEGO COUNTY TRANSPORTATIONrnUr A IMPROVEMENT PROGRAM. TO relieve traffic conges-w tion, improve safety, and match state/federal funds by: Expanding I-5,1-8,1-15, SR 52, SR 54, SR 56, SR 67, SR 76, SR 78, SR 94, SR 125,1-805; Maintaining/improving local roads; Increasing transit for seniors and disabled persons; Expanding commuter express bus, trolley, Coaster services; Shall San Diego County voters continue the existing half-cent trans- portation sales tax (SDCRTC Ordinance 0401) for forty years, including creating an Independent Taxpayer Oversight Committee to conduct yearly audits ensuring voter mandates are met? This proposition requires approval by two-thirds of the voters. Full text of this proposition follows the arguments. COUNTY COUNSEL IMPARTIAL ANALYSIS The San Diego Association of Governments (SANDAG) acting as the Regional Transportation Commission (Commission) has placed this measure on the ballot to extend the San Diego County Transportation Improvement Program and Expenditure Plan. This proposition would: 1. Authorize the Commission to continue to impose a transaction and use tax of Vz percent in the incorporated and unincorporated territory of the County of San Diego for a period not to exceed forty years (commonly referred to as "TransNet"). The forty year term will not commence until the current tax expires in at the end of March 2008. 2. Authorize the Commission to issue bonds payable from the proceeds of the tax to accelerate the construction of transportation facility improvements. Also establish an annual appropriation limit ot$950 million for the Commission. 3. Require all revenues to be deposited into a special fund and limit the use of such revenues to improvements of transportation facilities and services and related environmental mitigation. No more than one percent of the total annual revenues available may be used for administrative expenses and no more than $250,000 per year will be used for the operation of an IndependentTaxpayer Oversight Committee. 4. Require that the revenues from TransNet be used to supplement existing public and private funding for transportation improvements. Further require that the revenues be combined with federal, state, local and private funding for transportation improvements. 5. With the exception of certain sections which require a vote of the electors of the County of San Diego to amend, the TransNet ordinance may only be amended with a favorable vote of at least two- thirds of the SANDAG Board of Directors using both the one vote per jurisdiction and the population- based weighted vote procedures. 6. Require revenues be used to fund specific projects and programs. The revenues will be allocated among highway, transit, and local street and road improvement projects. 7. Require establishment of the Independent Taxpayer Oversight Committee (ITOC). The ITOC will develop recommendations for improvements to the financial integrity and performance of the TransNet program. 8. Require each city and the County to contribute $2,000 in exactions from the private sector, for each newly constructed residential housing unit (with exemptions for extremely low, very-low, low, and moderate income households) in that jurisdiction to the Regional Transportation Congestion Improvement Program as a condition for eligibility to receive TransNet funds for projects within their jurisdiction. If 66 2/3% of all votes cast favor approval of Proposition A, the measure shall become effective on November 3,2004. The extension of the TransNet tax authorized by the measure shall be operative on April 1,2008. Bonds payable from the proceeds of the tax may be issued at any time prior to, on or after April 1, 2008. The provisions of the measure relating to the allocation of revenues shall be operative on July 1, 2008. CS-49LO-2 N SD 200-020 PR-CW01-1 N SD 200-021 ARGUMENT IN FAVOR OF PROPOSITION A Vote YES on Proposition A to relieve traffic congestion and keep San Diego County moving - without raising taxes.' Proposition A renews the existing local half-cent sales tax that has helped finance every major highway, transit improvement and street repair in San Diego County since 1987. Vote YES to improve traffic flow and interchanges on every freeway in San Diego County - Interstates 5, 8,15, and 805 and State Routes 52, 54, 56, 67, 76, 78, 94,125, and 905. Vote YES to help ensure gridlock doesn't delay police, firefighter and ambulance response to emergencies. Vote YES to repair potholes and improve roads in every corner of San Diego County. Vote YES to provide special transit services for seniors and persons with disabilities. Vote YES to widen our freeways where possible for carpools and express buses. Your YES vote on Proposition A safeguards your tax dollars. • Accountability ... An independent citizen oversight committee will hold elected officials accountable for spending your transportation tax dollars efficiently and will review financial audits annually to ensure voter mandates are met. • Reliability ... Government agencies are prohibited from using Proposition A dollars for anything except local congestion relief and transportation improvements. • Efficiency... The revenue will go to roads, not overhead. In fact, no more than 1 % of your tax dollars will go for administration. Proposition A guarantees transportation dollars raised in San Diego stay in San Diego. Without Proposition A, congestion relief will be delayed for decades. We can't count on state and federal highway funds any longer. Many projects won't be built without Proposition A. The Auto Club (AAA), the San Diego County Taxpayers Association, the League of Women Voters, San Diego Regional Chamber of Commerce, environmentalists, neighborhood groups and thousands of your neighbors agree: Vote YES on Proposition A. To see Proposition A improvements in your community, go to www.sdcongestionrelief.com. Vote YES on Proposition A. THOMAS McKERNAN President & CEO Automobile Club of Southern California (AAA) GRACE L. RODS Transportation Director League of Women Voters of San Diego County LISA BRIGGS Executive Director San Diego County Taxpayers Association KEVIN CRAWFORD President, San Diego County Fire Chiefs Association REBUTTAL TO THE ARGUMENT IN FAVOR OF PROPOSITION A Prop. A is a flawed measure and an expensive 40-year gamble using $14 billion of your tax dollars. Prop. A is dishonest and deceptive Supporters claim that their measure will reduce gridlock and improve response time for emergencies. Regardless of what you are told in slick campaign mailers, the dirty little secret is that freeway and road projects listed in the measure can be changed or ignored. Prop. A is a blank check for bureaucrats Despite claims by proponents, Proposition A is nothing more than a taxpayer-subsidized blank check. With few exceptions, everything in the measure can be changed after the election by a vote of 19 political appointees who meet monthly in a downtown office building. Millions for operations, not new projects Of the money that is proposed to be spent on mass transit projects, 72% is to be spent on operations and not badly-needed capital improvement projects. So-Called "Independent Oversight Committee" Despite a voter-friendly name, the proposed "oversight committee" is nothing but an insiders' club representing industries that benefit financially from construction projects funded by Proposition A. With no citizen representation and costs listed as "estimates" you cannot be assured your taxes will be spent appropriately. There is a better way Your Prop. A tax dollars should be spent where the problems exist today - on our roads and highways - not on operations and pork-barrel projects. You deserve a much better plan. Vote No on this $14 billion boondoggle! Vote No on Prop. A www.traffictax.org DIANNE JACOB Chairwoman San Diego County Board of Supervisors RAM SLATER-PRICE Vice-Chairwoman San Diego County Board of Supervisors ROGER HEDGECOCK KOGO Radio Talk Host DANIEL L SULLIVAN, Ph.D. Executive Vice President, Qualcomm Incorporated Chairman, San Diegans for Congestion Relief PR-CW01-2 N SD 200-022 PR-CW01-3 N SO 200-023 ARGUMENT AGAINST PROPOSITION A REJECT THIS 40-YEAR TAX - A MUCH BETTER PLAN IS IN THE WORKS Prop A is a clunker proposal that won't solve traffic congestion. Look around. Why reward failure? Why the rush? The current tax doesn't expire until 2008. There's plenty of time to do it right. VOTE NO ON BILLIONS FOR BOONDOGGLES Proponents promise congestion relief, smarter growth, better transit and taxpayer safeguards. You've heard this before. Over the past 20 years their plan hasn't kept up with growth. Traffic has gotten worse. San Diegans deserve a better plan - and results - not more of the same. DEVELOPERS SKATE - WHILE CONSUMERS PAY Prop A is unfair. It asks consumers to pay sales taxes toward "our fair share." But billion-dollar exemptions for developers are included. Developers will continue to build projects and stick us with the traffic. To build an effective transportation system, developers must pay their fair share too! PROMISES MADE - FINE PRINT GIVES WIGGLE ROOM Prop A promises what pollsters say you want to hear - not what will be delivered. There are no cost controls and pro'iects can be changed. The 'Independent Taxpayer Oversight Committee" consists of special interests only without citizen representation. The promised environmental protections are weak and unenforceable. Growth will continue to overwhelm us with traffic. MISSED OPPORTUNITIES - WASTED TAXPAYER DOLLARS Over the 40 years you will pay this sales tax, they estimate half-a-billion dollars - or more - can be diverted away from badly needed projects to pay debt. BILLIONS SPENT - TRAFFIC GETS WORSE Say No to more of the same. Say No to this flawed 40-year tax. Prop A is opposed by: San Diego: - County Board of Supervisors, - City Councilmember Donna Frye, - Sierra Club, Audubon, Baykeeper, Surfrider Foundation GET THE FACTS WWW.TRAFFICTAX.ORG Vote No on Prop A CAROLYN CHASE Planning Commissioner City of San Diego JERRY HARMON Traffic Relief Is Possible (TRIP) MARCO A. GONZALEZ Attorney, Surfrider Foundation RICHARD MILLER Chapter Chair, San Diego Sierra Club REBUTTAL TO THE ARGUMENT AGAINST PROPOSITION A Proposition A opponents really don't want to solve San Diego County's #t problem - traffic congestion. Their single-issue political agenda will leave the rest of us sitting in gridlock for years to come. These narrow-minded extremists oppose proven ways to relieve congestion. They want to force more of us to rely on an unproven system-of buses designed by an academic theorist. Proposition A builds upon 16 years of success in helping make San Diego County a great place to live - without Increasing taxes. It's a balanced plan for badly needed transportation improvements. That's why it's endorsed by the League of Women Voters of San Diego County and the San Diego Regional Economic Development Corporation. Proposition A will create a road, highway and transit system that will reduce congestion and enable our public safety services to better respond to emergencies. That's why it's supported by police and fire chiefs. Vote YES to require unprecedented environmental considerations in a transportation measure, including habitat protection, mitigation of construction impacts, and contributions from developers. That's why environmental groups including The Nature Conservancy, the Buena Vista Audubon Society, the Endangered Habitats League. The Trust for Public Land and many others support Proposition A. Vote YES to require unprecedented taxpayer protection in a transportation measure, including regular audits and an independent oversight committee. That's why the San Diego County Taxpayers Association and the San Diego County Hispanic Chamber of Commerce support Proposition A. Vote YES to spend more time at home with your family, not fuming in stalled traffic. Vote YES on Proposition A. WILLIAM M. LANSDOWNE Chief San Diego Police Department DAN SILVER, M.D. Executive Director Endangered Habitats League GREG COX Supervisor County of San Diego ANDREW MAURO Conservation Chair Buena Vista Audubon Society CECELIA CAZARES Chair, Legislative Committee San Diego County Hispanic Chamber of Commerce DIANE COOMBS Taxpayers for Better Transportation Planning PR-CW01-4 N SD 200-024 PR-CW01-5 N SD 200-025 TransNet Extension ORDINANCE AND EXPENDITURE PLAN Commission Ordinance 04-01 The San Diego County Regional Transportation Commission ordains as follows: SECTION 1. TITLE: This ordinance shall be known and may be cited as the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (Commission Ordinance 04-01), hereinafter referred to as the Ordinance. This Ordinance provides for an extension of the retail transactions and use tax implemented by the initial San Diego Transportation Improvement Program Ordinance (Commission Ordinance 87-1 - Proposition A, 1987) for a forty year period commencing on April 1,2008. The Expenditure Plan for this extension is set forth in Sections 2 and 4 herein and is an expansion of the Expenditure Plan contained in Commission Ordinance 87-1. SECTION 2. EXPENDITURE PLAN SUMMARY: ' This Ordinance provides for the implementation of the San Diego Transportation Improvement Program, which will result in countywide transportation facility and service improvements for highways, rail transit services, new bus rapid transit services, local bus services, senior and disabled transportation services, local streets and roads, bicycle and pedestrian facilities, transportation-related community infrastructure to support smart growth development, and related environmental mitigation and enhancement projects. These needed improvements shall be funded by the continuation of the one-half of one percent transactions and use tax for a period of forty years. The revenues shall be deposited in a special fund and used solely for the identified improvements. The specific projects and programs to be funded shall be further described in the document titled "TransNet Extension Expenditure Plan Analysis", which is hereby incorporated by reference as if fully set forth herein. Any ancillary proceeds resulting from the implementation of the San Diego Transportation Improvement Program shall be used for transportation improvement projects in the San Diego region. A summary of the major projects and programs, including the major highway and transit improvements depicted on Figure 1, is provided in the following sections. All dollar references in this Ordinance are in 2002 dollars. A. Congestion Relief Program - Major Transportation Corridor Improvements: 1. Highway and transit capital projects: Of the total funds available, an estimated $5,150 million will be used to match an estimated $4,795 million in federal, state, local and other revenues to complete the projects listed below (see Figure 1). The total costs include an estimated $500 million in financing costs related to bonds to be issued to accelerate the implementation of the major Congestion Relief projects identified in this section. The costs shown include the total estimated implementation costs of eacrf project net of habitat- related environmental mitigation costs for those transportation projects, which are funded under Section 2(D). Three of the highway projects listed below (SR 67, SR 76, and a portion of SR 94) are described as including environmental enhancements, as further described in the document titled "Environmental Enhancement Criteria Mitigating Highway 67,76 and 94 Expansion Impacts", which is hereby incorporated by reference as if fully set forth herein. Local street and road projects, bicycle and pedestrian improvements, and other projects not shown. Escondido ,.&-"- v*fffi).M* Figure 1 TRANSNET EXTENSION Major Highway and Transit Improvements • • • • Transit I I I I I Highways with Environmental Enhancements f\ Border Access ^^ Improvements A0 4.83 9.6 KILOMETERS N PR-CW01-6 N SD 200-026 PR-CW01-7 N SD 200-027 a. Highway Capital Improvements (including managed lane/high-occupancy vehicle (HOV) lane additions and general purpose lane additions) - $6,760 million: 1. Interstate 5 South: Add two HOV lanes from I-8 to SR 905 - $722 million. 2. Interstate 5 Mid-Coast: Add two HOV lanes from I-8 to I-805, including funding for , environmental work and preliminary engineering for improvements at the I-5/I-8 interchange - $192 million. 3. Interstate 5 North: Add four managed lanes from I-805 to Vandegrift Boulevard in Oceanside, including HOV to HOV connectors at the I-5/I-805 interchange and freeway connectors at the I-5/SR 56 and I-5/SR 78 interchanges - $1,234 million. 4. Interstate 8: Add two general purpose lanes from Second Street to Los Coches Road - $29 million. 5. Interstate 15: Add four managed lanes from SR 78 to Centre City Parkway in Escondido and from SR 56 to SR 163 and add two HOV lanes from SR 163 to SR 94, including HOV to HOV connectors at the 1-15/SR 78 and 1-15/SR 94 interchanges - $882 million. 6. Interstate 805: Add four managed lanes from I-5 to SR 54 and two reversible HOV lanes from SR 54 to SR 905, including HOV to HOV connectors at the I-805/SR 52 interchange and improvements at the I-805/SR 54 interchange - $1,371 million. 7. SR 54/SR 125: Add two lanes to provide a continuous facility with three general purpose lanes and one HOV lane in each direction - $139 million. 8. SR 56: Add one general purpose lane in each direction from I-5 to 1-15 - $99 million. 9. SR 52: Construct four-lane freeway from SR 125 to SR 67, add two general purpose lanes and two reversible managed lanes from 1-15 to SR 125, and add two HOV lanes from I-805 to 1-15 - $476 million. 10. SR 67: Expand to a continuous four-lane facility, including environmental enhancements, from Mapleview Street to Dye Road - $218 million. 11. SR 75/SR 282: Provide matching funds for construction purposes only for a tunnel from Glorietta Boulevard to Alameda Boulevard - $25 million. 12. SR 76: Add two general purposes lanes from Melrose Drive to 1-15, including environmental enhancements from Mission Road to 1-15 - $164 million. 13. SR 78: Add two HOV lanes from I-5 to 1-15 - $495 million. 14. SR 94/SR 125: Add two HOV lanes from I-5 to I-8, including freeway connectors at the SR94/SR 125 interchange - $601 million. 15. SR 94: Widen to six lanes from SR 125 to Avocado Boulevard and expand to a continuous four-lane facility from Avocado Boulevard to Steele Canyon Road, including environmental enhancements from Jamacha Road to Steele Canyon Road - $88 million. 16. Border Access Improvements: Provide matching construction funds for access improvements in the international border area - $25 million. b. Bus Rapid Transit (BRT) and Rail Transit Capital Improvements - $2,685 million: 1. BRT service from Escondido to Downtown San Diego using the 1-15/SR 94 managed/HOV facilities, including new and improved stations and direct access ramps - $369 million. 2. BRT service from Escondido to Sorrento Mesa using the managed lane facility on 1-15-$60 million. 3. BRT service from Otay Mesa to Downtown San Diego using I-805/SR 94 managed/ HOV lane facilities, including new stations and direct access ramps - $497 million. 4. BRT service from San Ysidro to Sorrento Mesa using the managed/HOV lane facilities on 1-805/1-15/SR 52 including station improvements -' $70 million. 5. Blue Line Light Rail Transit improvements including station enhancements, signal upgrades, conversion to low-floor vehicles and grade separations in Chula Vista - $268 million. PR-CW01-8 N SD 200-028 6. Mid-Coast Transit Guideway Improvement Project using light rail technology to provide high-level transit service along the I-5 corridor from the Old Town area to the U.C. San Diego/University Towne Center area, would rely in part on federal funding. Absent federal funding, then bus technology may be considered for the high level service planned for this corridor - $660 million. 7. Super Loop providing high quality connections to locations in the greater U. C. San Diego/University Towne Center area, including arterial improvements with bus priority treatments, stations and vehicles- $30 million. 8. North I-5 Corridor Coaster/BRT service providing high quality north-south transit service improvements by upgrading the Coaster commuter rail tracks and stations, providing BRT service in the El Camino Real corridor, or a combination of the two - $376 million. 9. Orange Line Light Rail Transit Improvements including station enhancements, signal upgrades and conversion to low-floor vehicles - $69 million. 10. SR 78 Corridor Sprinter/BRT service providing high-quality east-west transit service improvements by upgrading and extending the Sprinter rail line, providing BRT service along the Palomar Airport Road corridor, or a combination of the two - $197 million. 11. BRT service from San Diego State University to Downtown San Diego along the El Cajon Boulevard/Park Boulevard corridor with arterial improvements with bus priority treatments, stations and vehicles - $89 million. 2. Operating Support for the BRT and Rail Transit Capital Improvements: Of the total funds available, an estimated $1,100 million will be used to operate and maintain the services described under Section 2(A)(1)(b). 3. Environmental Mitigation: An estimated $600 million, including $450 million for direct mitigation costs and $150 million for economic benefit, will be used to fund the habitat- related mitigation costs of the major highway and transit projects identified in the Regional Transportation Plan as part of the Environmental Mitigation Program described in Section 2(D). ; B. Congestion Relief Program - Transit System Service Improvements and Related Programs: An estimated $2,240 million will be used to provide ongoing support for the reduced-price monthly transit programs for seniors, persons with disabilities, and students and for the continuation and expansion of rail, express bus, local bus, community shuttles, and dial-a-ride services, including specialized services for seniors and persons with disabilities, and related capital improvements. C. Congestion Relief Program - Local System Improvements and Related Programs: An. estimated total of $4,480 million will be allocated to local programs in the following three categories: 1. Local Street and Road Program: An estimated $3,950 million will be allocated on a fair and equitable basis, using the formula specified in Section 4(D)(1), to each city and the County of San Diego (hereinafter referred to as local agencies) to supplement other revenues available for local street and road improvements. In developing the biennial list of projects to be funded with these revenues as required under Section 5(A), local agencies shall give high priority in the use of these funds to improvements to regional arterials, grade separation projects, and related facilities contributing to congestion relief. At least 70% of the revenues provided for local street and road purposes should be used to fund direct expenditures for construction of new or expanded facilities, major rehabilitation and reconstruction of roadways, traffic signal coordination and related traffic operations improvements, transportation-related community infrastructure improvements to support smart growth development, capital improvements needed to facilitate transit services and facilities, and operating support for local shuttle and circulator routes and other services. No more than 30% of these funds should be used for local street and road maintenance purposes. A local agency desiring to spend more than 30% of its annual revenues on local street and road maintenance-related projects shall provide justification to the Commission as part of its biennial project list submittal. The Commission shall review each local agency's biennial project list submittal and make a finding of consistency with the PR-CW01-9 N SD 200-029 provisions of this Ordinance and with the Regional Transportation Plan prior to approving the local agency's project list for funding. The Independent Taxpayer Oversight Committee shall also review the proposed project lists and make recommendations to the Comrpission. 2. Environmental Mitigation: An estimated $250 million, including $200 million for direct mitigation costs and $50 million for economic benefit, will be used to fund the habitat- related mitigation costs of local transportation projects consistent with the Regional Transportation Plan as part of the Environmental Mitigation Program described in Section 2(D). 3. Smart Growth Incentive Program: An estimated $280 million will be allocated to the Smart Growth Incentive Program to provide funding for a broad array of transportation-related infrastructure improvements that will assist local agencies in better integrating transportation and land use, such as enhancements to streets and public places, funding of infrastructure needed to support development in smart growth opportunity areas consistent with the Regional Comprehensive Plan, and community planning efforts related to smart growth and improved land use/transportation coordination. These funds shall be allocated on a regional competitive grant basis. It is intended that these funds be used to match federal, state, local, and private funding to maximize the number of improvements to be implemented. The Commission shall establish specific project eligibility criteria for this program. D. Transportation Project Environmental Mitigation: An estimated $850 million will be used to fund habitat-related environmental mitigation activities required in the implementation of the major highway, transit and regional arterial and local street and road improvements identified in the Regional Transportation Plan. Of this total, an estimated $250 million is related to mitigation requirements for local transportation projects and an estimated $600 million is related to mitigation requirements for the major highway and transit projects identified in the Regional Transportation Plan. The intent is to establish a program to provide for large-scale acquisition and management of critical habitat areas and to create a reliable approach for funding required mitigation for future transportation improvements thereby reducing future costs and accelerating project delivery. This approach would be implemented by obtaining coverage for transportation projects through existing and proposed multiple species conservation plans. If this approach cannot be fully implemented, then these funds shall be used for environmental mitigation purposes on a project by project basis. Additional detail regarding this program is described in the documents titled "TransNet Extension Environmental Mitigation Program Principles" and "Environmental Enhancement Criteria Mitigating Highway 67, 76, and 94 Expansion Impacts", which are hereby incorporated by reference as if fully set forth herein. E. Bicycle, Pedestrian and Neighborhood Safety Program: A total of two percent of the total annual revenues available (an estimated $280 million) will be allocated to the Bicycle, Pedestrian and Neighborhood Safety Program to provide funding for bikeway facilities and connectivity improvements, pedestrian and walkable community projects, bicycle and pedestrian safety projects and programs, and traffic calming projects. These funds shall be allocated on a regional competitive grant basis. It is intended that these funds be used to match federal, state, local, and private funding to maximize the number of improvements to be implemented. The Commission shall establish specific project eligibility criteria for this program. F. Administration and Independent Taxpayer Oversight Committee: Up to one percent of the total annual revenues available will be used for administrative expenses and up to $250,000 per year will be used for the operation of an Independent Taxpayer Oversight Committee. SECTION 3. IMPOSITION OF TRANSACTIONS AND USE TAX: In addition to any other taxes authorized by law, there is hereby imposed in the incorporated and unincorporated territory of the County of San Diego, in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Division 12.7 of the Public Utilities Code commencing with Code Section 132000, an extension of the existing transactions and use tax at the rate of one-half of one percent (1/2%) commencing April 1, 2008, for a period of forty years, in addition to any existing or future authorized state or local transactions and use tax. If, during this time period, additional state or federal funds become available which would fund the projects and services contained in the Regional Transportation Plan, then the tax may be reduced by action of the Commission. SECTION 4. EXPENDITURE PLAN PURPOSES: The revenues received by the Commission from the existing measure as extended by this measure, after deduction of required Board of Equalization costs for performing the functions specified in Section 132304(b) of the Public Utilities Code, shall be used to improve transportation facilities and services countywide as set forth in the Expenditure Plan and in a manner consistent with the long-range Regional Transportation Plan and the short-range, multi-year Regional Transportation Improvement Program, and for the administration of the San Diego County Regional Transportation Commission Act (hereinafter referred to as the "Act") commencing with Public Utilities Code Section 132000. Commencing July 1, 2008, after the deduction of administrative expenses, Independent Taxpayer Oversight Committee expenses, and funding for the Bicycle, Pedestrian and Neighborhood Safety Program as described in Sections 2(E), 2(F), 11 and 12, the remaining annual revenues shall be allocated as follows: A. Forty-two and four-tenths percent for the major highway and transit Congestion Relief projects specified in Section 2(A)(1), including four and four-tenths percent for the habitat-related mitigation costs of the major highway and transit projects as described in Section 2(A) (3) to be used to fund a portion of the Environmental Mitigation Program described in Section 2(D). B. Eight and one-tenth percent for operation of the specific transit Congestion Relief projects as described in Section 2(A)(2). This funding is for the operation of new or expanded services only and is not available for the operation of services in existence prior to the effective date of this Ordinance. C. Sixteen and one-half percent for the transit programs described in Section 2(B). The revenues made available annually for transit purposes shall be allocated and expended pursuant to the following distribution formula and priorities: 1. Two and one-half percent of the funds made available under Section 4(C) shall be used to support improved transportation services for seniors and disabled persons. These funds shall be used to support specialized paratransit services required by the federal Americans with Disabilities Act (ADA). 2. Three and one-fourth percent of the funds made available under Section 4(C) shall be used to support a competitive grant program for nonprofit organizations and local agencies. The funds shall be used to provide specialized transportation services for seniors focusing on innovative and cost-effective approaches to providing improved senior transportation, including, but not limited to, shared group services, special shuttle services using volunteer forces, and brokerage of multi-jurisdictional transportation services. 3. From the remaining revenues, there shall be expended such sums as necessary to guarantee in the North San Diego County Transit Development Board and Metropolitan Transit Development Board areas of jurisdiction for the duration of the measure (1) a monthly regional transit pass for senior (60 years or older) and disabled riders priced at not more than 25 percent of the cost of the regular regional monthly transit pass, and (2) a monthly regional youth transit pass for students (18 years or under) priced at not more than 50 percent of the cost of the regular regional monthly transit pass. 4. Remaining revenues shall be allocated for transit service improvements, including operations and supporting capital improvements. The revenues shall be allocated through the annual transit operator budget process and the improvements to be funded shall be consistent with the Short Range Transit Plan. 5. To maintain eligibility for the receipt of funds under Section 4(C), a transit operator must limit the increase in its total operating cost per revenue vehicle hour for bus services or the increase in its total operating cost per revenue vehicle mile for rail services from one fiscal year to the next to no more than the increase in the Consumer Price Index for San Diego County over the same period. If the requirement is not achieved, the operator may not receive any additional funding under Section 4(C) in the following year above the amount received in the previous fiscal year adjusted for any increase in the Consumer Price Index for San Diego County. If there were unusual circumstances in a given fiscal year, the operator may request 1he approval of the Commission to calculate the requirement as an average over the previous three fiscal years. The operator may also request the approval of the Commission to exclude from the calculation certain cost increases that were due to external events entirely beyond the operator's control, including, but not limited to, increases in the costs for fuel, insurance premiums, or new state or federal mandates. PR-CW01-10 N SD 200-030 PR-CW01-11 N SD 200-031 D. Thirty-three percent for the Local Programs described in Section 2(C) in the following three categories: 1. Twenty-nine and one-tenth percent for the local street and road program described in Section 2(C){1). The revenues available for the local street and road program shall be allocated and expended pursuant to the following distribution formula: a. Each local agency shall receive an annual base sum of $50,000. b. The remaining revenues after the base sum distribution shall be distributed to each local agency on the following basis: 1. Two-thirds based on total population using the most recent Department of Finance population estimates. 2. One-third based on maintained street and road mileage. c. For the purposes of Section 4D(1)(a) and (b), any new incorporations or annexations which take place after July 1 of any fiscal year shall be incorporated into the formula beginning with the subsequent fiscal year. The San Diego Association of Governments population estimates of such new incorporations or annexations shall be used until such time as Department of Finance population estimates are available. 2. One and eight-tenths percent for the habitat-related mitigation costs of local transportation projects described in Section 2(C)(2) to be used to fund a portion of the Environmental Mitigation Program described in Section 2(D). 3. Two and one-tenth percent for the Smart Growth Incentive Program described in Section 2(C)(3). E. General Provisions: 1. In implementing the projects funded under Section 4(A), priority shall be given to projects included in the Expenditure Plan for Proposition A as passed by the voters in 1987 that remain uncompleted, such as the eastern ends of the SR 52 and SR 76 highway improvement projects and the Mid-Coast light rail transit project. The Commission shall ensure that sufficient funding or bonding capacity remain available to implement such projects as expeditiously as possible once the environmental clearance for these projects is obtained and needed state and federal matching funds are committed. 2. Once any state highway facility or usable portion thereof is constructed to at least minimum acceptable state standards, the state shall be responsible for the maintenance and operation thereof. 3. All new projects, or major reconstruction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by law from using a given facility or where the costs of including bikeways and walkways would be excessively disproportionate to the need or probable use. Such facilities for pedestrian and bicycle use shall be designed to the best currently available standards and guidelines. 4. All state highway improvements to be funded with revenues as provided in this measure, including project development and overall project management, shall be a joint responsibility of Caltrans and the Commission. All major project approval actions including the project concept, the project location, and any subsequent change in project scope shall be jointly agreed upon by Caltrans and the Commission and, where appropriate, by the Federal Highway Administration and/or the California Transportation Commission. SECTION 5. EXPENDITURE PLAN PROCEDURES: A. Each local agency shall biennially develop a five-year list of projects to be funded with revenues made available for local street and road improvements under Section 4(D). A local public hearing on the proposed list of projects shall be held by each local agency prior to submitting its project list to the Commission for approval pursuant to Section 6. B. All projects to be funded with revenues made available under Section 4 must be consistent with the Regional Transportation Plan (RTP). Project priorities or phasing shall also be consistent with the RTP. The Expenditure Plan shall be reviewed for consistency with RTP following each major update of the RTP as required by state or federal law. The Expenditure Plan shall be amended as necessary to maintain consistency with the Regional Transportation Plan. If funds PR-CW01-12 NSD 200-032 become available in excess of the amount allocated in the Expenditure Plan, additional projects shall be added to the Expenditure Plan consistent with the priorities in the Regional Transportation Plan. Any amendments to the Expenditure Plan shall be made in accordance with the procedures for amending this ordinance as provided for in Section 16. C. In the allocation of all revenues made available under Section 4, the Commission shall make every effort to maximize state and federal transportation funding to the region. The Commission may amend the Expenditure Plan, in accordance with Section 16, as needed to maximize the transportation funding to the San Diego region. SECTION 6. PROJECT PROGRAMMING APPROVAL: The Commission shall biennially approve a five-year project list and a biennial program of projects to be funded during the succeeding two fiscal years with the revenues made available under Section 4 herein. The program of projects will be prepared as a part of the Regional Transportation Improvement Program (RTIP) process as required by state and federal law. A public hearing will be held prior to approval of the program of projects. The Commission may amend the program of projects as necessary in accordance with the RTIP amendment procedures. Projects shall not be funded with the revenues made available under Section 4 unless the projects are in the approved program of projects. SECTION 7. COOPERATIVE FUND AGREEMENTS: Except as provided for herein, the distribution of funds as set forth in Section 4 shall be met over the duration of the measure. To maximize the effective use of funds, revenues may be transferred or exchanged under the following circumstances: A. The Commission, or agencies receiving funds by annual or multi-year agreement, may exchange or loan funds provided that the percentage of funds allocated for each purpose as provided in Section 4 is maintained over the duration of the measure and reviewed as part each 10-year comprehensive program review as described in Section 17. All proposed exchanges, including agreements between agencies to exchange or loan funds, must include detailed fund repayment provisions, including appropriate interest earnings such that the Commission suffers no loss of funds as a result of the exchange or loan. All exchanges must be approved by the Commission and shall be consistent with any and all rules approved by the Commission relating thereto. B. The Commission may exchange revenues for federal, state, or other local funds allocated or granted to any public agency within or outside the area of jurisdiction of the Commission to maximize effectiveness in the use of revenues. Such federal, state, or local funds shall be distributed in the same manner as the revenues from the measure. SECTION 8. MAINTENANCE OF EFFORT: It is the intent of the Legislature, as stated in the Act, and the Commission that revenues provided from this measure be used to augment, not supplant existing local revenues being used for the purposes set forth in Section 4 herein. Each local agency receiving revenues pursuant to Section 4(D) shall annually maintain as a minimum the same level of local discretionary funds expended for street and road purposes on average over the last three fiscal years completed prior to the operative date of this Ordinance (Fiscal Years 2000-01, 2001-02, 2002-03), as was reported in the State Controller's Annual Report of Financial Transactions for Streets and Roads and as verified by an independent auditor. The maintenance of effort level as determined through this process shall be subject to adjustment every three years based on the Construction Cost Index developed by Caltrans. Any increase in the maintenance of effort level based on this adjustment shall not exceed the growth rate in the local jurisdiction's General Fund revenues over the same time period. The Commission shall not allocate any revenues pursuant to Section 4(D) to any eligible local agency in any fiscal year until that local agency has certified to the Commission that it will include in its budget for that fiscal year an amount of local discretionary funding for streets and roads purposes at least equal to the minimum maintenance of effort requirement. An annual independent audit shall be conducted to verify that the maintenance of effort requirement for each agency was met. Any local agency which does not meet its maintenance of effort requirement in any given year shall have its funding under Section 4(D)(1) reduced in the following year by the amount by which the agency did not meet its required maintenance of effort level. In the event that special circumstances prevent a local agency from meeting its maintenance of effort requirement, the local agency may request up to three additional fiscal years to fulfill its requirement. Such a request must be approved by the Commission. The Independent Taxpayer Oversight Committee shall also review such requests and make recommendations to the Commission. Any local street and road revenues not allocated pursuant to the maintenance of effort requirement shall be redistributed to the remaining eligible agencies PR-CW01-13 N SD 200-033 SECTION 20. ANNUAL APPROPRIATIONS LIMIT: Article XIII(B) of the California Constitution requires the establishment of an annual appropriations limit for certain governmental entities. The maximum annual appropriations limit for the Commission shall be established as $950 million for the 2004-05 fiscal year. The appropriations limit shall be subject to adjustment as provided by law. All expenditures of the transactions and use tax revenues imposed in Section 3 are subject to the appropriations limit of the Commission. SECTION 21. DEFINITIONS: A. Commission. Means the San Diego County Regional Transportation Commission created by Chapter 1576 of the Statutes of 1985 (Division 12.7 of the Public Utilities Code, commencing with Section 132000). B. Transit. Means all purposes necessary and convenient to the construction, operation and maintenance of public transportation services and facilities including the acquisition of vehicles and right-of-way. Public transportation services include, but are not limited to, local and express bus, bus rapid transit (BRT), paratransit (dial-a-ride), fixed guideway, light rail (trolley) and commuter rail services and facilities. C. Local Streets and Roads. Means all purposes necessary and convenient for the purposes as described in Section 2(C)(1). D. Highways. Means all purposes necessary and convenient to the design, right-of-way acquisition, and construction of highway facilities, including all state highway routes and any other facilities so designated in the Expenditure Plan. E. Bicycle and Pedestrian Facilities. Means all purposes necessary and convenient to the design, right-of-way acquisition, and construction of facilities intended for use by bicycles and pedestrians. Bicycle and pedestrian facilities shall also mean facilities and programs that help to encourage walking and the use of bicycles, such as secure bicycle parking facilities and bicycle and pedestrian promotion and safety education programs. F. Bonds. Means indebtedness and securities of any kind or class, including but not limited to bonds, notes, bond anticipation notes, and commercial paper. G. Expenditure Plan. Means the expenditure plan required by Section 132302 of the Public Utilities Code to be included in the transactions and use tax ordinance to be approved by the Commission. The expenditure plan includes the allocation of revenues for each authorized purpose. H. Regional Transportation Plan. Means the long-range transportation plan for the San Diego region required by Section 65080 of the Government Code to be prepared by the San Diego Association of Governments as the designated Regional Transportation Planning Agency. I. Regional Transportation Improvement Program. Means the five-year programming document required by Section 65080 of the Government Code to be prepared by the San Diego Association of Governments as the designated Regional Transportation Planning Agency. J. Transit Operator. Means any transit district, included transit district, municipal operator, included municipal operator, or transit development board as defined in Public Utilities Code Section 99210. K. Regional Comprehensive Plan. Means the document integrating land use, transportation systems, infrastructure needs, and public investment strategies within a regional framework to be prepared by the San Diego Association of Governments as required by Section 132360 of the Public Utilities Code. SECTION 22. EFFECT ON COMMISSION ORDINANCE 87-1: This Ordinance is intended to extend and expand the provisions of Commission Ordinance 87-1, and shall not be read to supercede Commission Ordinance 87-1. If this Ordinance is not approved by the voters of San Diego County, the provisions of Commission Ordinance 87-1 and all powers, duties, and actions taken thereunder shall remain in full force and effect. PASSED AND ADOPTED by the San Diego County Regional Transportation Commission, the 28th day of May, 2004 by the following vote: AYES: Commissioners Hall, Padilla, Monroe, Crawford, Lewis, Guerin, Holt Pfeiler, McCoy, Jantz, Sessom, Morrison, Feller, Cafagna, Murphy, Smith, Dale, Powell, Vance, NOES: Commissioner Jacob PR-CW01-16 N SD 200-036 ABSENT: None Ron Morrison Chairman STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Gary L. Gallegos, the Secretary of the San Diego County Regional Transportation Commission, do hereby certify that the foregoing is a true copy of an Ordinance adopted by the San Diego County Regional Transportation Commission on May 28, 2004 at the time and by the vote stated above, which said Ordinance is on file in the office of the San Diego County Regional Transportation Commission. DATED: May 28, 2004 Gary L. Gallegos Secretary [To obtain copies of the attachments incorporated by reference in San Diego County Regional Transportation Commission Ordinance 04-01, please contact the San Diego Association of Governments (SANDAG) by mail at 401 B Street, Suite 800, San Diego, CA 92101, by phone (619) 699-1900, by e-mail at transnet@sandag.org, or via the Internet at www.sandag.org.] PR-CW01-17 N SD 200-037 COUNTY OF SAN DIEGO Proposition B (This proposition will appear on the ballot in the following form.) PROPB INITIATIVE ORDINANCE TO REPEAL THE GREG- ORY CANYON LANDFILL AND RECYCLING COLLECTION CENTER ORDINANCE. Shall this Initia- tive be adopted for the purpose of preventing the future construction of the Gregory Canyon Landfill and Recycling Collection Center by repealing the 1994 voter-approved Gregory Canyon ordinance? This proposition requires approval by a majority (over 50%) of the voters. Full text of this proposition follows the argument. COUNTY COUNSEL IMPARTIAL ANALYSIS Proposition B would repeal the Gregory Canyon Landfill and Recycling Collection Center Ordinance, a citizen's initiative that was approved in 1994 by the voters of the County. The 1994 Gregory Canyon Landfill and Recycling Collection Center Ordinance (hereafter referred to as the" 1994 Gregory Canyon Landfill Ordinance") amended the County's General Plan and County's Zoning Ordinance to allow a municipal solid waste landfill to be constructed and operated at the Gregory Canyon site in the North County. This site is on State Route 76, approximately three miles east of Interstate 15 and two miles southwest of the community of Pala. The site includes a segment of the San Luis Rey River and a portion of the western slope of Gregory Mountain. The 1994 Gregory Canyon Landfill Ordinance listed the permits required for a landfill at this site. These included applicable state and federal permits, and County watercourse alteration, grading, bridge, and building permits. The 1994 Gregory Canyon Landfill Ordinance also eliminated the need for a County major use permit for the project, and required that at least 1,313 acres of the Gregory Canyon site be dedicated as permanent open space as part of the landfill project. 1994 Gregory Canyon Landfill Ordinance did not affect California Environmental Quality Act (CEQA) review and mitigation requirements, or regulatory requirements for constructing and operating a landfill. Proposition B would repeal the 1994 Gregory Canyon Landfill Ordinance. To unwind the effects of the 1994 Gregory Canyon Landfill Ordinance, Proposition B would also designate the Gregory Canyon site as "(18) Multiple Rural Use." It would amend the zoning classification for the site to "A-70-Limited Agricultural Zone." These are the designations that were in place for this land prior to voter approval of the 1994 Gregory Canyon Landfill Ordinance. Proposition B would also provide for amendment of these designations by the Board of Supervisors to further public purposes and in compliance with applicable law. Future planning, zoning and use permit decisions concerning this site would be subject to the discretion of the County Board of Supervisors. A "YES" vote would indicate that you are in favor of the repeal of the 1994 Gregory Canyon Landfill Ordinance. This would mean that you do not want the 1994 Gregory Canyon Landfill Ordinance to continue as an ordinance. A "NO" vote would indicate that you are opposed to the repeal of the 1994 Gregory Canyon Landfill Ordinance. This would mean that you do want the 1994 Gregory Canyon Landfill Ordinance to continue as an ordinance. ARGUMENT IN FAVOR OF PROPOSITION B VOTE YES ON PROPOSITION B Here's why: Proposition B will STOP the development of a garbage dump in Gregory Canyon on the banks of the San Luis Rey River. We don't need a new landfill in San Diego County and we certainly don't need a filthy garbage dump sitting on the edge of a vital aquifer, next to a San Diego County Water Authority aqueduct. San Diego County's Disposal Facility Criteria are designed to eliminate inappropriate landfill sites from consideration. Previous studies commissioned by the County rejected and eliminated Gregory Canyon as an appropriate landfill. The Gregory Canyon Landfill developers then avoided the normal process for siting a landfill by sidestepping the land use approvals of the County and going to the ballot box in 1994 with a deceptive initiative called Proposition C. THAT'S WRONG! Proposition B rescinds Proposition C (1994) and requires that the Gregory Canyon site be reviewedjn the same way as all other landfills. THAT'S FAIR! Proposition B also protects our water resources. THAT'S IMPORTANT! The proposed dump threatens a pristine free-flowing river that supplies clean drinking water to thousands of municipal customers downstream. We should do everything possible to stop the pollution of our drinking water anywhere in San Diego County! Remember: San Diego County imports 90% of its water! Every locally produced drop we save is important. PROPOSITION B IS ENDORSED BY: CITIES: OCEANSIDE, ENCINITAS, NATIONAL CITY, DEL MAR. WATER AGENCIES: Fallbrook Public Utility District, San Luis Rey Watershed Council, San Dieguito Water District, Yuima Municipal Water District and Oceanside Water Utility Department. ORGANIZATIONS: Sierra Club, San Diego Chapter, San Diego Bay keeper, Environmental Health Coalition, RiverWatch, San Diegans for Clean Drinking Water, League of Conservation Voters, We MUST protect San Diego County's drinking water! VOTE YES ON PROPOSITION B. TELL LOS ANGELES TO KEEP THEIR GARBAGE IN LOS ANGELES! STOP THE DUMP! For more information visit WWW.DUMPTHEDUMBDUMP.COM 858-569-4202 PAM SLATER-PRICE Vice-Chair San Diego County Board of Supervisors TERRY JOHNSON Mayor of Oceanside PHIL STONE Chair San Diegans for Clean Drinking Water CHERYL REIFF Sierra Club Chapter Coordinator DONNA FRYE San Diego City Councilmember PR-CW01-18 N SD 200-038 PR-CW01-19 N SD 200-039 REBUTTAL TO THE ARGUMENT IN FAVOR PROPOSITION B WHO WILL BENEFIT FROM PROPOSITION B? This proposition is all about gambling. The casino owners wrote Proposition B and paid over $600,000 to get it on the ballot. The real story is that Proposition B isn't about protecting our environment or smart use of taxpayer money - it's about protecting the casino owner's profits. The Gregory Canyon landfill uses the same two-lane road as patrons of their casino, and the casino owners don't want to pay their share to widen the road. WHAT WOULD PROPOSITION B REALLY DO? It blocks construction of North County's only landfill, forcing trash to be transported -- at great expense to ratepayers -- to distant and rapidly-filling sites in East County, near the San Diego River, and in South County, adjacent to the Otay River. It short-circuits over a decade of planning and environmental review, overseen by the County's Department of Environmental Health, that produced the safest, most environmentally protective landfill in the County (see Final Environmental Impact Report at http://www.sdcoufity.ca.gov/deh/chd/gcfeir.html). The landfill must comply with strict environmental regulations imposed by the California Regional Water Quality Control Board, California Integrated Waste Management Board, U.S. Fish and Wildlife Service and San Diego Air Pollution Control District. PROPOSITION B REVERSES THE DECISION OF COUNTY VOTERS The only difference between the Gregory Canyon site selection and the process for any other landfill was that voters approved the Gregory Canyon site. Proposition B insults the voters and discredits the voting process. PROPOSITION B IS OPPOSED BY THE SAN DIEGO REGIONAL CHAMBER OF COMMERCE VOTE NO ON B - IT'S BAD FOR SAN DIEGO COUNTY DIANNE JACOB Chairwoman San Diego County Board of Supervisors MICHAEL SHAMES Executive Director, UCAN The Utility Consumers' Action Network HOWARD WAYNE California State Assembly (Ret.) LIONEL G. BURTON, M.D. Mayor of San Marcos (Ret.) Past President, Vallecitos Water District F. LAURENCE SCOTT, JR. Treasurer, Citizens for Environmental Solutions ARGUMENT AGAINST PROPOSITION B APPROVED BY VOTERS IN 1994 Sixty-eight percent of San Diego County voters approved the Gregory Canyon landfill in 1994 with the requirement that it must meet strict environmental standards imposed by the State and County. TOUGH ENVIRONMENTAL SAFEGUARDS After 10 years of thorough environmental review, the County Department of Environmental Health certified the landfill's Environmental Impact Report, which determined the landfill will protect our water resources. The landfill's environmental system, featuring a five-layer, five-foot thick protective liner system, will make Gregory Canyon the most protective landfill in San DiegoCounty. OPERATIONS MONITORED AND REGULATED The landfill will be closely monitored and regulated by State, Regional and County environmental agencies, and by the San Luis Rey Municipal Water District - the district nearest the landfill - to ensure that water resources are fully protected. These safeguards will be backed byunprecedented financial guarantees. AFTER A DECADE, THE NEED IS EVEN GREATER • North County's population and trash have grown rapidly, even with aggressive recyclingprograms. • The only landfill in North County (San Marcos) has closed. • The County has determined the Gregory Canyon landfill is necessary to meet San Diego County's long-term waste disposal needs without resorting to costly transportation to Arizonaor other distant locations. • Trucking North County trash to landfills in East County (Sycamore) and South Bay (Otay) will increase traffic on our congested freeways, waste energy, and pollute the air. • Without the landfill at Gregory Canyon, rates to homeowners and business for trash disposal could escalate due to less competition and greater shipping distances. Please join respected civic leaders throughout the county, responsible environmentalists andprofessional water quality experts in opposing Proposition B. Proposition B - BAD for our environment, BAD for our economy, BAD for ratepayers DIANNE JACOB San Diego County Supervisor District 2 JUDY MCCARTY San Diego City Council (Ret.) Founder, City of San Diego's Recycling Program LUCY KILLEA California State Senate (Ret.) MARY SALAS Deputy Mayor City of Chula Vista PROFESSOR ROBERT L SIMMONS Professor of Law, University of San Diego (Ret.) Past Member, San Diego Chapter Sierra Club Executive Committee Environmental Attorney PR-CW01-20 N SD 200-040 PR-CW01-21 N SD 200-041 REBUTTAL TO THE ARGUMENT AGAINST PROPOSITION B VOTE YES ON PROPOSITION B! Proposition B - BETTER for San Diego. Here's why: 1. REBUTTAL: The dump WILL NOT PROTECT water resources. To the contrary: The proposed dump sits on a fractured bedrock groundwater aquifer, next to a San Diego Water Authority aqueduct on the banks of the San Luis Rey River. Even promoters admit, the liner could fail! PROMOTERS ADMIT RISKS: "Can the landfill leak? Of course it can. There is no fail-safe system." Landfill Project Manager Richard Chase, San Diego Union Tribune, May 7, 2000. EXPERTS AGREE - THE RISKS ARE SERIOUS! EPA WARNING: "Even the best liner and leachate collection system will ultimately fail due to natural deterioration." USEPA, 53 FR 33345. SAN DIEGO COUNTY WATER AUTHORITY: "The two primary concerns with the Gregory Canyon landfill are the preservation of local water resources and protection of (the San Diego Aqueduct)." San Diego County Water"Authority General Manager Lester Snow, October 6, 1994. THIS RISK TO SAN DIEGO'S DRINKING WATER IS UNACCEPTABLE! 2. REBUTTAL: Numerous studies eliminated Gregory Canyon as a landfill site. SO, THE DUMP DEVLOPERS AVOIDED COUNTY LAND USE SITING APPROVALS THROUGH PROPOSITION C. AS A RESULT, THERE ARE: • NO ASSURANCES THAT LEAKS WILL BE PREVENTED • NO ENFORCEABLE RECYCLING REQUIREMENTS • NO FRANCHISE FEES • NO RESPONSE PLANS FOR CATASTOPHIC FAILURES • NO CONTROL OVER SOURCES OF TRASH Remember: THE GREGORY CANYON LANDFILL WILL ATTRACT TRASH FROM LOS ANGELES AND RIVERSIDE COUNTIES. TELL LOS ANGELES TO KEEP THEIR GARBAGE IN THEIR OWN BACKYARD! PROTECT SAN DIEGO'S WATER SUPPLIES! VOTE YES ON PROPOSITION B. DUMP THE DUMP! Contacts: WWW.DUMPTHEDUMBDUMP.COM 858-569-4202 SAN DIEGANS FOR CLEAN DRINKING WATER - YES ON B RAY HAYNES Assemblyman SHEILA MANNING President, River Watch DENISE MORENO DUCHENY CA State Senator JEROME STOCKS Encinitas City Councilman NICHOLAS INZUNZA Director, Sweetwater Authority The people of the County of San Diego ordain as follows: SECTION 1. FINDINGS AND DECLARATION OF PURPOSES A. In 1994, the "North County Recycling and Solid Waste Disposal Initiative" (Proposition C) amended the County General Plan, Zoning Ordinance and other ordinances and policies of the County of San Diego to designate the Gregory Canyon site, located along State Route 76, east of Interstate 15, in San Diego County, as a possible site for a recycling collection center and Class III solid waste landfill. Proposition C was sponsored by a private waste company. B. The supporters of the initiative believe that the proposed landfill site is too close to the San Luis Rey River, one of the few free-flowing rivers in southern California and an important source of drinking water for County residents. They also believe that this water source could be polluted by contaminants leaking from the landfill, either through deterioration or damage to the liner or as a result of an earthquake or other natural disaster. C. The supporters of the initiative believe that the proposed landfill would be located too close to Gregory Mountain and Medicine Rock, sites sacred to local Indian tribes for generations. D. In addition, the supporters of the initiative believe that since the passage of Proposition C ten years ago, the need for this proposed landfill has changed. They believe that expansion of existing landfills and increased recycling programs are better ways to deal with the county's waste disposal requirements, thereby reducing the county's dependence on landfills. E. Proposition C specifically allowed the measure to be repealed by a majority vote of the people. It is now the intent of the people of the County of San Diego to repeal Proposition C in its entirety and to reinstate the General Plan, Zoning Ordinance and other land use designations for the Gregory Canyon site that existed prior to the passage of Proposition C in 1994 and to return the land use authority for the Gregory Canyon site to the County Board of Supervisors. SECTION 2. REPEAL OF PROPOSITION C. Provisions of Proposition C repealed by this initiative are designated by strike-out type below: NORTH COUNTY RECYCLINe AND SOLID WASTE DISPOSAL INITIATIVE The People of San Diogo County Do Hereby Ordain as Follows? SECTION 1. INTENT. PR-CW01-2Z N SD 200-042 tt-io the intent of this initiative moaouro: A;—To provide for the oiting of a now recycling collection center and claoo III aolid waste landfill to allow the rooidonto and buoinooGoo in northern San Diogo County-te-etispooc of-theifsetid-waste-tB an environmentally oound and economically competitive manner &—To onGuro that the recycling collection center and landfill arc dooignatod constructed, and operated in a oafo and efficient manner by requiring that they fully comply with all environmental laws and regulations. The Project will bo monitored during its life on a regular baoio by regulatory agcnoioo including, but not limited to, tho integrated Waotc Managomont Board, tho San Diego County Air Pollution Control Diotrict and the Regional Water Quality Control Board. &—To amond tho Gonoral Plan, Zoning Ordinance and other ordinances) and policico of tho County of San Diogo to allow tho construction and operation of rooyoling collection center and Canyon oitc looatod off State Route 76 approximately 3V; miloo oaot of tho intoroootion of Intorotato 15 and State Route 76 approximately 3V; miloo coot of tho intoroootion of Interstate 15 and Sato Route 76 in Son Diogo County. Tho general location of tho Gregory Canyon oitc is ohown on Figure 1 attached to thio moaoure. &—To provide that at loaot 1313 aoroo of Gregory Canyon oito will bo dedicated ao permanent open opaco to oroato a substantial preservation area for oonoitivo habitat and opocioo. SECTION 2. FINDINGS AND PURPOSE. A. Tho San Marcos landfill io tho only remaining landfill ocrving northern San Diogo County which inoludoo tho oitioo of Cartobad, Enoinitao, Del Mar, Solana Bcaoh, Escondido, Oooanoidc, San Marcoo and Viota, and tho unincorporated areas of northern San Diogo County including Pauma, Monooall, Valley Contor, and Fallbrook. &-.—Tho 1086 San Diogo County Regional Solid Waoto Management Plan and otudico performed by tho County of San Diogo have dooumontod tho critical nood for new solid waoto facilities to servo tho growing north San Diogo County population. &—Tho County of San Diego hao boon unoucooooful in oiting any landfills in Northern 8an Diogo County oinoo tho San Marcoo landfill tho approved in 1077. Thio hao occurred oa a rooult of local oppooition and the County of San Diogo not proceeding with aoooptablo oitoo which have boon extensively studied. PR-CW01-23 N SO 200-043 . • 1 ixtond tho torm of tho permit. •*yjfill r*'i- 3T rt+. .ft .4 ^ i en O.-ir-. P\;, «nm ils* All of tho San Diogo tho County of San Diogo oinoo 1082. ofully operated by a private party for . moaouroo required by thio moaouro. K. Tho votoro horoby County shall be reasonable • poiiuy' ding sufficient ' oountv i Diogo that each sub region of tho sto facilities to handle tho oolid waoto generated in oaoh oub region and oolid wasto of sub region oxoopt whoro an emergency exists. SECTION 3. DESCRIPTION OF THE PROJECT. The Project will include tho following components: t b from one oub region to any other water retention 1 building, a mairnununuu umuu, u gao colloction arm muuvuiy uy^i Br—Dcdioatod Open Space. Tho remaining 1113 acres of Gregory aonoo aroa ohall n( Uanyon site onan DC aoaioaioo 3t bo-loos than 1313 acres as a rcsult of any adjustment. &-.—Acoooo Road. The Project inoluc Gregory Canyon site. d bridge from Highway 76 to the PR-CW01-24 Diogo Gao & All such relocation will occur Elootrior N SD 200-044 &—Realignment of Highway 76. Tho Project inoludoo tho widening and realignment of State Road 76 on either side of tho now aooooo road to improve eight diotarvoo and to facilitate truck movomcnto. The realigned segment would provide approximately 1000 foot of sight distance in both directions for traffic leaving tho landfill. The Applicant shall contribute on a fair share basis to tho widening of State Route 76 wost of tho aoooss road to applicable state standards. Tho fair share ohall bo baood upon tho state standard average daily tripo. Thio realigned portion of Highway 76 will bo rootripod to provide for acceleration/ doooloration lanes and an over take lane for through traffic. Detailed plans for tho realignment of Highway 76 will bo submitted to CalTrano for review and approval prior to commencing any realignment work. f-.—Bridgo. Tho Projoot will inoludo a bridge ovor tho San Luis Roy River to provide separate roadways for aooooo to and from tho landfill, and to and from tho topooil stockpile area. Thio will facilitate adequate internal circulation for tho landfill oporationo. Gt-.—Protection of San Diogo Aqueduct. Tho Projoot will inoludo work required to protoot any San Diogo Aqueduct pipelines to tho extent and in tho manner roquirod by tho San Diogo County Water Authority. A map showing tho Projoot olcmcnto Applicant ohall bo ontitlod to alter or change those olor submitted to tho Intogratod Waoto Management Board for Figure 2 attached to thio moaouro. Tho cnts baood upon a detailed site plan to bo tho solid waste facilities permit. SECTION 4. PERMITS. id approval in conjunction with To ensure that the Projoot is designed, constructed and operated in a safe and efficient manner, tho Projoot shall bo roquirod to sooi of the fo ving pc required by state or federal law: A;—Environmental Review. Tho Projoot shall oomplotc any additional environmental rev to secure tho remaining permits and approvals. &-.—Consultation with Advisory Council on Historic Preservation. and approvals to tho extent roquirod by federal or state law Tho Applicant shall consult with tho Advisory Council on Historic Preservation in accordance with §106 of tho National Historic Preservation Act. &—404 Permit. Tho Applicant ohall secure a permit relating to §404 of tho Clean Water Act from tho Department of tho Army Corps of Engineers. Department of Fioh & Game and any othor pormit State Water Resources Control Board. d by tho California Department of Roh & Tho Applicant shall occuro a National Pollutant Diochargo Elimination System Permit from tho State Water Resources Control Board. Gt-. — Regional Water Quality Control Board. Tho Applicant shall ooouro a Waste Dischargo Permit from tho R gional Water Quality Control California Intogratod Waoto Management Board. Tho Applicant shall obtain a Solid Waste Facility PC from tho California Intogratod Wasto Management Board and from tho local cnforoomont agency for tho California Intogratod Wasto Management Board. k—California Department of Transportation. Tho Applicant ohall secure an encroachment permit from tho California Department of Transportation ao necessary for improvements to Highway 76. PR-CW01-25 N SD 200-045 A—State Office of HiGtorio Preservation. The Applicant ohall review cultural sites within the Gregory Canyon oito with the State Office of Historic Prooorvation for eligibility for the Motional Register of Historic Plaooo. K:—County of San Diogo. The Applicant ohall ooouro a Water Couroo Alteration Permit, Bridge Permit, Grading Permit and Building Permit from the County of San Diogo. The County of San Diogo.io hereby authorized and directed to include the Project in ito Integrated Waotc Management Plan ao required by State Law and to make any findings required for ioouanoo of any noocooary pormito. t—San Diogo Air Pollution Control Diotrict. The Applicant ohall ooouro all pormito required by the San Diogo Air Pollution Control Diotrict to construct and operation the solid waste facilities authorized by thio moaouro. M-.—San Diogo Local Agency Formation Commiooion. The Applicant ohall obtain approval from the San Diogo Local Agenoy Formation CommiGoion for any poooiblo annexation into local water diotricto as required by tho rules and rogulationo of the San Diego Local Agency Formation Commiooion. N. Utilities Sorvicoo. Tho Project ohall comply with tho roquiromonto of local utility ouppliors in ooouring oloctric, telephone, water and fire protection oorviooo. Sower service will bo provided by chemical toiloto uocd by workoro at tho landfill. Tho Applicant will be required to provide tho oowage diopooal oorvioo, removing effluent once por week by pumpeMfuok from the chemical toiloto for treatment and diopooal away from tho oitc. Q-.—Other Pormito and Approvalo. Tho Applicant ohall ooouro all othor pormito and approvalo ao required by federal or otato law. SECTION 5. MITIGATION MEASURES. To cnouro that tho Project io oonotruotod and operated in a manner which minimizoo ito environmental impaoto, tho following mitigation mcaouroo arc hereby adopted ao a condition of voter approval of tho Project: A;—Days of Operation. The oolid waoto faoilitico ohall remain open for the receipt of rofuoo a minimum of eight (8) houro a day, six (6) dayo a week, excepting thooo holidayo by county owned landfillo. &—Houro of Operation. Solid waoto operation ohall occur only between tho houro of 7:00 AM and 6:00 PM, Monday through Friday, and 8:00 AM to 5:00 PM on Saturday unlooo different houro are ootabliohod by tho Integrated Waoto Management Board. For the purpoooo of thio mitigation moaouro "oolid waste eporationo" ohall include tho roooipt, handling, proooooing, and/or diopooal of oolid waoto or recyclable materials; cover operations; oito grading and/or excavation, including blasting and rock cruohing; and heavy equipment operation. Othor oito aotivitioo ouoh ao tho operation of gao and loaohato coilootion and treatment Gyotomo, romodial activitioo required by a regulatory agency, maintenance within tho maintenance yard, and activities conducted in a completely enclosed building ahall not bo limited to those houro of operation. G-.—Litter and Illegal Dumping. AHeaot five (5) dayo each wook, tho Applicanto ohati-inspcct for, and clean uprall litter and illegal etumpmg which occurs on, or adjacent to, tho landfill aocooo road and that portion of Highway 76 between the intoroootion with Intorotato 15 and tho site. B-.—Hazardouo Water Excluoion Program. Tho Applicant ohall maintain trained, full time poroonncl engaged exclusively and oontinuouoly ift tho inspection of incoming rofuoo loado for hazardouo waoto. Thcoc personnel ohall bo otationod at tho working face of the landfill whenever tho landfill iG open to accept waste and Gmall inopoct loads as they are tipped. Hazardouo waotoo encountered in thio faohion shall bo handled and diopoocd of in accordance with otato rogulationo. &—Liner and Lcachato Collection Syotom. A liner and loachato collection system ohall bo installed and monitored ao required by the Regional Water Quality Control Board. F. Landfill Gao System. The Project ohall include a network of vertical extraction wells, lateral transmission pipoo to a gao focovory facility, and perimeter gao monitoring proboo. With thio oyotcm, tho landfill gao will bo extracted from tho landfill and oombuotod in an enclosed flare. G. Water Quality. Tho Project ohall comply with all requirements of tho Regional Water Quality Control Board to ensure protootion of ourfaoo and underground water quality. R — Earthquakoo. All otructuroo located at tho Gregory Canyon oito ohall bo. dooigncd by a qualified engineer to withstand tho maximum probable earthquake to avoid potential impaoto aoboeiate€l-wrtb earthquakes and ground shaking. k — Traffic Impaoto. In order to mitigate traffic impacto, tho Applicant ohall widen and realign State Route 76 on cither oido of tho aooooo road to improve oight diotancc and to facilitate truck m'ovomonts. Tho realigned oogmont will provide approximately 1000 foot of oight diotanoo in both diroctiono for traffic leaving tho landfill. Tho Applicant ohall contribute on a fair oharo baoio to tho widening of State Route 76 west of tho aooooo road to applicable otato otandardo. Tho fair oharc ohall bo baood upon tho otatc standard average daily tripo. Striping will be provided for acceleration/decoloration lanes and-an over take lane for through traffic. Thooo realignment piano may bo modified ao nocoooary to moot CalTrano rcquiromcnto. J. AirQualityr Air Quality impacto aooociatod with the Project ohall be mitigated by mooting all roquiromonto impoood by tho San Diego County Air Pollution Control District for Authority to Conotruct and Authority to Operate Permits. ffe — Noioo Abatement. The Applicant ohall prepare a Noioc Abatement Plan to include: 4-. — Phyoioal dooign provioiono to onourc that ambient noioo Icvclo do not exceed 65 CNEL at tho boundarico of tho Gregory Canyon oito; 3r. — Inotallation of landfill equipment and vchioloo with noioo oupproooing equipment to aooiot in mooting tho above rootriotiono; ft — Provioiono for at loaot 24 hour in advance written notice of any blasting on oito to rooidonto within a one mile radiuo of tho blast oitc. 4-. — Whore ambient noioo lovolo exceed 66 CNEL at tho boundarioo of the Gregory Canyon oito, tho Applicant ohall retain a qualified noioo oxport to evaluate tho problem and recommend mitigation mcaourco. Those mitigation moaouroo ohall bo implomcntod by tho Applicant. L. Odor Control. To control odoro on site, the Applicant ohall oubmit an Odor Control Plan to tho San Diogo County Air Pollution Control Diotriot for review and approval. M: — Duot Control Plan. To control duot from Project operations, tho Applicant ohall oubmit a Duot Control Plan to tho San Biogo County Air Pollution. Biological Impacts.. All ocnoitivo opooioo and habitat impacted by tho Project ohall be mitigated in accordance with roquiromonto impoood by tho United Statoo Roh & Wildlife Service ao part of tho §7. Q~. — Visual Impaoto. In order to mitigato vioual impaoto asoociatod with tho Project, tho Applicant ohall employ cxtonoivo uoo of landscaping omphaoizing native vegetation, and rounding/irrigation of olopoo on tho refuse column and ohangoo in olopc angloo. All landscaping shall bo performed by a lioonood landscape arohitcot in tho State of California. Thio lioonsod architect shall prepare a detailed landscape plan dcoignod to minimize vioual impact aooociatod with tho Project to the maximum feasible extent. Tho plan prepared tho lioonood architect ohall bo implomontod by tho Applicant upon oomplotion. ft—Cultural Impacts. Impaoto to Nativ od by the Project ohall bo mitigated through 1 PR-CW01-26 N SO 200-046 dovolopmcnt of a Memorandum of Agreement between tho Applicant and tho appropriate regulatory agonoioo in accordance with §106 of tho National Historic Prooorvation Act. To mitigato archaeological impaoto caused by tho Project, tho Applicant ohall retain a qualified archaeologist to investigate and recommend appropriate mitigation moaouroo. Those mitigation moaouroo ohall bo implemented by tho Applicant. PR-CW01-27 N SO 200-047 &—Citizen Environmental Review Board. A Citizen Environmental Roviow Board (tho "Board") ohall bo ootablishod by agreement between the Applicant and tho oitioo or other governmental ontitioo agrooing to supply waste to tho Project. Tho momboro of ouoh Board ohall bo appointed by oaoh ouoh oity or entity and ohall bo individual oitizonei who are not employees or offioialo of such oity or entity. Tho Board shall have tho authority to inspect and review all reports oubmittod by the Project to any other regulatory agonoy and to make rooommondotiono to any ouoh regulatory agonoy with roopoot to tho operation of tho Project, including any enforcement aotiono tho Board may doom appropriate. Tho Board ohall establish an environmental review team consisting of qualified personnel to monitor tho operations) of tho landfill which team ohall have reasonable aooooo to tho landfill during all houro of operation of tho landfill. R. Additional Mitigation Moaouroo. Mitigation moaouroo included ao part of any oubooquont onvironmontal review of tho Project ohall bo included as additional mitigation moaouroo for tho Project. Tho Applicant ohall submit a mitigation and monitoring program mooting otato and federal law to tho Integrated Waoto Management Board for review and approval as part of tho oolid waste facilities permit. SECTION 6. TIPPING FEE AND FINANCIAL GUARANTEES. A:—Tipping Fooo. It io tho intention of tho votoro to onouro that tho tipping foe charged by tho Project to any public agonoy supplying waoto to tho project doco not exceed tho tipping foe currently charged at county owned landfill ao adjusted for inflation. Thio foe is currently $43 por ton. For calendar year 1004, thio tipping foe ohall bo $43 per ton. Commencing January 1,1004, and continuing on January 1 of each year thereafter, thio tipping foe may bo increased by tho percentage charge in tho Consumer's Price Index. All Urban Conoumor'o for tho Loo Angeled—Anaheim—Riverside Area (1067 - 100) for December of tho prior year to December of tho year thio price increase io to occur. Tho tipping foe aa set in thio section ohall bo subject to changes or adjustments based upon tipping foco negotiated between the Applicant and various public agonoioo agreeing to provide oolid waste to tho Project. &—Financial Guarantees. The Applicant ohall provide a closure and poet closure plan complying with federal and otato law and ohall provide bondo or other financial guarantees to ensure performance ao required by federal and otato low. SECTION 7. IMPLEMENTATION. A. Amendments to County General Plan. Upon tho effective date of thio initiative, tho land uoo clement of tho County General Plan and all oub rogionol and community piano which apply to the Gregory Canyon oito and any related mapo shall bo amended to designated tho Gregory Canyon oito Public/Semi public lands with a Solid Waoto Facility Designator. Notwithstanding tho Publio/Somi public designation, tho Gregory Canyon site ohall remain private lando unloso purohaood or condemned by a public agonoy. &—Amendments to County Zoning Ordinance. Upon tho effective date of thio initiative, tho County Zoning Ordinance ohall bo amended to create o now zoning oloooifioation designated Solid Waoto Facility ("SWF"). Thio SWF zoning olaooifioation ohall bo applied only to tho Gregory Canyon site and ohall allow tho Project without tho need for any pormito from tho County of San Diego except tho Water Couroo Alteration Permit, Bridge Permit, Grading Permit and Building Permit. &—Amondmonto to Other County Ordinanooo and Policies. All other County ordinances, ruloo and regulations which constitute logiolativc aoto shall bo amended ao nooosoary to accommodate tho Project ao oot forth in thio initiative. &-.—County Cooperation. Tho County of San Diego ohall cooperate with tho Applicant wherever possible in ioouing pormito and approvalo oo that tho Project can proceed in a timely fashion. Tho County of San Diogo io hereby authorized and directed to amend other olomonto of tho General Plan, oub regional piano, community piano. Zoning Ordinance, and other ordinanooo and polioioo affected by thio initiative ao ooon ao possible and in tho manner and time required by State Law to onouro consistency between thio initiative and other olomonto of tho County's General Plan, sub regional and community piano, Zoning Ordinance and other County ordinances and polioioo. SECTION 8. DEFINITIONS. For tho purpose of thio moaouro, tho following wordo and phraoco ohall have tho following moaningo: A:—"Gregory Canyon oito" shall moan the approximately 1683 acres of land locotcd off State Route 76 approximately 3 1 /3 miloo oaot of the intoroootion of Intoretato 16 and State Route 76 occupying portiono of Sootiono 4 and 6 of Township 10 South and Soctiono 32 and 33 of Townohip 6 South Range 2 Woot of the San Bernardino Principle Meridian. &—"Integrated Waste Management Board" shall moan tho State of California Integrated Waoto Management Board. Q-.—"Project" ohall moan tho recycling collection center and landfill and aBOoeiatod structures and improvements as doooribod in Section 3 of thio initiative moaouro ao oubooquontly modified by a detailed oito plan oubmittod by Applicant to the Integrated Waste Management Board aa part of tho oolid waoto faoilitioo permit. &-.—"Recycling collection center" ohall moan a facility for tho buy back of source ooparatcd materials but not the proooooing of mixed waste. SECTION 9. PURCHASE BY PUBLIC AGENCY. Tho Gregory Canyon oito ohall remain private land until purchased by a public agonoy or Joint Poworo Authority for ito fair market value. Nothing contained heroin ohall restrict tho right of any public agency to oxorcioo ito eminent domain power ao authorized by law to acquire tho Gregory Canyon oito. SECTION 10. AMENDMENT OR REPEAL. Thio moaouro may bo amended or repealed only by a majority of tho voters voting in an election tROrGOfi. SECTION 11. INTERPRETATION AND 8EVERABILITY. Thio moaouro ohall bo interpreted GO ao to be consistent with all federal and state lawo, ruloo and rogulationo. If any section, oub oootion, oontcnop, olauoo, phraoo, part of portion of this moaouro ia hold to bo invalid or unoonotitutional by a final judgment of court of competent juriodiotion, ouoh dooioion ohall not affect tho validity of tho remaining portiono of thio moaouro. Tho votoro hereby declare that this measure, and each section, oub ooction, oontonco, olauoo, phraoo, part or portion thereof would have adopted or paoood irroopootivo of the fact that any one or more ooctiono, oub sootiono, ocntonoco, clauses, phraocs, parts or portions are declared invalid or unconstitutional. SECTION 12. CONSISTENCY WITH OTHER BALLOT MEASURES. In tho ovont that another ballot moaouro io placed on the oamo ballot as thio moaouro purporting to deal with the same subject matter, and if both moasurco should pass, the votoro expressly declare their intent that both mcaouros ohall bo put into effect except to tho extent that opocific provisions of such measures arc in direct conflict. In the ovont of such a direct conflict, tho measure which obtained more votes will control ao to the conflicting provisions only. Tho votoro oxproooly declare thio to bo their intent, notwithstanding any language to tho oontrary-jn any other ballot moaouro. PR-CW01-28 NSD 200-048 PR-CW01-29 N SD 200-049 COO N SCALC 0 Sml Ifttij 1 I | Figure 1 eno I O I HIGHWAY 78 ALIGNMENT 1 B I ACCESS ROAD BRIDGE I O I TOPSOIL/COVER STOCKPILE I Cl I LANDFILL ACCESS ROAD I B I STOCKPILE HAUL ROAD I Q I LANDFILL GAS FLARE I O I FACILITIES AREA (, (0 I MUNICIPAL SOLID WASTE LANDFILL SOQ&E POWERLINE RELOCATION SECTION 3. DESIGNATION OF PARCEL TO PRIOR USES A. Amendments to County General Plan. Upon the effective date of this initiative, the land use element of the County General Plan and all sub-regional and community plans which apply to the Gregory Canyon site and any related maps shall be amended to designate the Gregory Canyon site as: "(18) Multiple Rural Use." B. Amendments to County Zoning Ordinance. Upon the effective date of this initiative, the County Zoning Ordinance shall be amended to amend the zoning classification for the Gregory Canyon site, currently designated Solid Waste Facility ("SWF") to: "A-70-Limited Agricultural Zone." C. Amendments to Other County Ordinances and Policies. All other County ordinances, rules and regulations which constitute legislative acts shall be amended as necessary to implement this initiative. D. For the purpose of this measure, the term "Gregory Canyon site" shall mean the approximately 1683 acres of land located off State Route 76 approximately 31/3 miles east of the intersection of Interstate 15 and State Route 76 occupying portions of Sections 4 and 5 of Township 10 South and Sections 32 and 33 of Township 5 South Range 2 West of the San Bernardino Principle Meridian. SECTION 4. AUTHORITY TO AMEND LAND USE DESIGNATION IN THE PUBLIC INTEREST. This measure may only be amended by a majority vote of the Board of Supervisors to further public purposes and in compliance with all applicable federal, state and local law, or by an initiative measure approved by a majority of the voters voting on the measure. SECTION 5. SEVERABILITY If any term or provision of this measure or the applicability of any term or provision of this measure to any person or circumstance is found to be unconstitutional or otherwise invalid, such invalidity shall not affect the remaining provisions and applications of this measure and to that end, the voters, in adopting this measure, declare and intend that those provisions and applications are severable. WOULD YOU LIKE TO WORK AT THE POLLS or VOLUNTEER YOUR HOME, BUSINESS OR SITE TO SERVE AS A POLLING PLACE? If you are interested in serving your community and at the same time meeting your neighbors, call us at (858) 565-5800. We will place your name in our files and contact you for the next election in your area or you can complete the application below and send it to: San Diego County Registrar of Voters Precincts and Polls Section 5201 Ruffin Rd. Suite I San Diego, CA 92123 Poll Workers receive the following compensation per election for their services: Inspectors $100, Assistant Inspectors $80, Clerks $60. Polling Place Host receive $50-$70. Polling Place hours are 6:30 a.m. to 9:30 p.m. Call the Registrar's office for additional information. r PR-CW01-32 N SD 200-052 POLL WORKER AND/OR POLLING PLACE APPLICATION Name Address : City ZIP Telephone Number Home: Work: I would like to volunteer my home, business or other facility as a Polling place: Yes Q No Q I would like to work at the "Polls on election day: Yes G No Q I want to work in my own precinct only: Yes Q] No Q I would be willing to travel to another precinct: Yes Q No Q I have transportation: Yes Q No Q If you speak and understand a language other than English, please indicate: I j FP-05-2 N SD 200-053 STOP WEST NILE VIRUS « Eliminate all standing water sources around your home, like buckets, pots, and tires • Put mosquito fish in decorative ponds and fountains • Repair windows and door screens to keep mosquitoes out • At dawn and dusk: • Wear long sleeves & pants when outdoors • Use DEBT to repel mosquitoes • Report the following to 1-888-551-INFO • Birds that have died within 24 hours • Standing water in your neighborhood Fight i www.SDF1ghtTheBUe.com Logoc<xjrte»y of www.FilrtnKBiwColofaito.com For more information please call: County of San Diego Vector Control Program 888-551 -INFO www.sdFightTheBite.com D Yes County of San Diego Department of Environmental Health Vote YES on Food Safety! SAFE SOURCE: Buy food items from food establishments that' have a health permit. Help keep San Diego food safe by reporting unpermitted food vendors by calling 619-338-2283. D Yes DYes DYes DYes CLEAN: Wash hands with hot soapy water before handling food and after using the bathroom, changing diapers, and handling pets. Wash raw fruits and vegetables, including melons, before eating and wash food contact surfaces before and after preparing each food item. SEPARATE: Keep raw meat and chicken away from cooked or ready-to- eat foods. Store meats on the lower refrigerator shelves to keep juices from dripping onto other foods. COOK: Heat chicken to an internal temperature of 180°F and hamburgers to an internal temperature of 160 °F. It is not necessary to wash chicken before cooking. CHILL: Refrigerate foods at 41°F or less. Allow room for cold air to circulate in the refrigerator. Refrigerate or freeze foods within two hours of serving. For further information go to www.sdcdeh.org or www.foodsafety.gov. PO Box 129261, San Diego CA 92112-9261 619-338-2222 800-253-9933 (toll free in San Diego County) This page would have been blank due to printing layouts. The Registrar of Voters has used this space to provide additional information.This page would have been blank due to printing layouts. The Registrar of Voters has used this space to provide additional information. FP-59 N SO 200-054 FP-60 N SD 200-055 PERMANENT MAIL BALLOT QUALIFICATIONS • Any eligible voter may be granted permanent absentee voting status. • Permanent absentee voting status will result in a voter receiving an official ballot for. each election in which they are entitled to vote, unless they fail to return their voted ballot for a statewide general election. • Permanent absentee voters who fail to return the official ballot for any statewide general election will lose this status and will have to reapply. • If you want to receive your ballot for future elections by mail, please contact the Registrar of Voters for an application. REGISTRAR OF VOTERS P.O. BOX 85520, SAN DIEGO, CA 92186-5520 858-565-5800 ASSISTANCE FOR VOTERS WITH DISABILITIES • The Registrar of Voters Office has a TDD (Telecommunications Device for the Deaf). For assistance, call 858-694-3441. • Cassette recordings of candidate statements and propositions are available by contacting any branch library. • The County of San Diego does not discriminate on the basis of disability. If you are a voter who is disabled and feel you have been denied participation in the Electoral process, contact the Registrar of Voters Office at 858-565-5800. • If your polls is not accessible, you may request to have a ballot brought to an accessible location as near as possible outside the polls. A voter unable to mark a ballot may also receive the assistance of not more than two persons selected by the voter. ACCESS YES OR NO? FP-04-2 It is the goal of the Registrar of Voters Office that all polling locations be accessible to voters who are disabled and elderly. Refer to this symbol on the back cover of this pamphlet. If your polling place is not accessible, please call the Registrar of Voters Office at 858- 565-5800 for alternative voting methods. We will continue our search for an accessible polling facility for future elections. N SD 2004)56 wW <D O>IB «3 o> -r<J (^ CC.s£ ts §•a. tn o E.fc Q_ CO "- co wrr UJ o oCfUJ Q U_ <f O (ft % £< O £E > £2 2o ^uj Of£ O o CO X O o a oCMin "?IDCO CMCO O Oo UJ a 2 C/3 00UJcc Q0 cc LUcc a.o_< cc o eg eo o