STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING - PLANNING AND LAND USE MATTERS
WEDNESDAY, DECEMBER 12, 2001, 9:00 AM
Board of Supervisors North Chamber
1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order 9:10 at a.m.

Present: Supervisors Bill Horn, Chairman; Ron Roberts, Vice Chairman; Greg Cox, Dianne Jacob and Pam Slater; also Thomas J. Pastuszka, Clerk.

Approval of Board of Supervisors Statement of Proceedings/Minutes for meetings of December 5, 2001, In-Home Supportive Services Public Authority of November 14, 2001, and San Diego County Housing Authority of December 5, 2001.

ACTION:

ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meeting of December 5, 2001, In-Home Supportive Services Public Authority of November 14, 2001, and San Diego County Housing Authority of December 5, 2001.

AYES:  Cox, Jacob, Slater, Roberts, Horn

1.

SUBJECT:

CONTINUED NOTICED PUBLIC HEARING:

HEARING ON JACUMBA VALLEY RANCH SPECIFIC PLAN (SP 91-03) AND MAJOR USE PERMIT (P91-012RPL), MOUNTAIN EMPIRE SUBREGIONAL PLAN AREA (DISTRICT: 2)

(CARRYOVER FROM 11/7/2001, AGENDA NO. 1)

On November 7, 2001 (1), the Board of Supervisors continued the hearing on the Jacumba Valley Ranch Specific Plan and Major Use Permit for a Water Reclamation Facility to this date for a final decision on the project.  The Board indicated that in order to approve the project, the Board would require: 1) an Environmental Impact Report and related documentation satisfying County of San Diego standards and meeting the requirements of the California Environmental Quality Act and 2) a Letter of Credit up front to satisfy the indemnification requirements with respect to legal defense of the environmental documentation.  The Board instructed Department of Planning and Land Use staff to meet with the applicant and provide guidance as necessary in order to assist the applicant in revising and updating the Environmental Impact Report such that it complied with current standards and requirements.

Since this last hearing, staff has met with and provided guidance to the applicant.  However, neither of the requirements requested by the Board have been satisfactorily completed.

The Board first directed the applicant to make revisions to the project along with appropriate revisions to the Final Environmental Impact Report on June 21, 2000.  Following several continuances over the course of one year, the applicant made initial submittal of the revised Final Environmental Impact Report on June 15, 2001.  During the next several months, staff provided comments on and requests for revisions to the environmental document. 

The revisions and updated information were deemed necessary by Department staff and County Counsel in order for the environmental documentation to meet standards and criteria required of projects since the Board first requested changes to this project in June of 2000.

N/A

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

Continue the hearing on the Jacumba Valley Ranch Specific Plan and Major Use Permit to March 13, 2002.

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors, on Consent; continued this hearing to March 13, 2002, at 9:00 a.m.

AYES:  Cox, Jacob, Slater, Roberts, Horn

2.

SUBJECT:

CONTINUED NOTICED PUBLIC HEARING:

HAUGH TENTATIVE PARCEL MAP - TPM 20610; FALLBROOK COMMUNITY PLANNING AREA

(DISTRICT:  5)

(CARRYOVER FROM 11/14/2001, AGENDA NO. 6)

On November 14, 2001 (6), your Board continued the hearing to Wednesday, December 12, 2001 at 9:00 a.m.

This is an appeal filed by the applicant of the Director’s decision denying TPM 20610.  The project is a minor subdivision of 8.3 acres into 4 parcels ranging in size from 2 to 2.14 acres.  The project site is located on the east side of Gird Road within the Fallbrook Community Planning Area.  The property is zoned A70, Limited Agriculture, and is subject to the Estate Development Area (EDA) Regional Land Use Category and (17) Estate Residential Land Use Designation.

N/A

RECOMMENDATION:

PLANNING AND ENVIRONMENTAL REVIEW BOARD:

Deny the appeal and adopt the Resolution denying TPM 20610 for the reasons included in the staff report.

DEPARTMENT OF PLANNING AND LAND USE:

The Department concurs with the Planning and Environmental Review Board’s (PERB) recommendation.

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors upheld the appeal and referred TPM 20610 to DPLU for continued processing, on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn

3.

SUBJECT:

NOTICED PUBLIC HEARING:

FIRE MITIGATION FEE PROGRAM - FIVE -YEAR CAPITAL FACILITIES AND EQUIPMENT PLANS (DISTRICT: 2 & 5)

On April 4, 2001 (13), the Board of Supervisors adopted Resolutions setting fire mitigation fee ceiling percentages for the Fire Mitigation Fee Program in volunteer fire department County Service Areas: No. 107 - Elfin Forest, No. 109 - Mount Laguna, No. 110 - Palomar Mountain, No. 111 – Boulevard, No. 112 - Campo and No. 113 - San Pasqual.  County Service Areas that collect fire mitigation fees are required to update their Capital Facilities and Equipment Plans for use of these funds annually. This year, there are no significant changes to their plans.

This is a request to approve each Fire County Service Areas Five-Year Capital Facilities and Equipment Plan.

Five-Year Capital Facilities and Equipment Plans represent planned use of funds collected through the Fire Mitigation Fee Program.  Approval of these plans is an administrative action resulting in no current or annual costs, and no addition of staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.     Adopt the following Resolutions entitled:

a)     Resolution Adopting Capital Facilities and Equipment Plan for County Service Area No. 107 - Elfin Forest

b)     Resolution Adopting Capital Facilities and Equipment Plan for County Service Area No. 109 - Mount Laguna

c)     Resolution Adopting Capital Facilities and Equipment Plan for County Service Area No. 110 - Palomar Mountain

d)     Resolution Adopting Capital Facilities and Equipment Plan for County Service Area No. 111 – Boulevard

e)     Resolution Adopting Capital Facilities and Equipment Plan for County Service Area No. 112 – Campo

f)      Resolution Adopting Capital Facilities and Equipment Plan for County Service Area No. 113 - San Pasqual

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors closed the hearing and  took action as recommended, on Consent; adopting Resolutions:

No. 01-351, entitled: RESOLUTION ADOPTING CAPITAL FACILITIES AND EQUIPMENT PLAN FOR COUNTY SERVICE AREA NO. 107 - ELFIN FOREST,

No. 01-352, entitled: RESOLUTION ADOPTING CAPITAL FACILITIES AND EQUIPMENT PLAN FOR COUNTY SERVICE AREA NO. 109 - MT. LAGUNA,

No. 01-353, entitled: RESOLUTION ADOPTING CAPITAL FACILITIES AND EQUIPMENT PLAN FOR COUNTY SERVICE AREA NO. 110 - PALOMAR MOUNTAIN,

No. 01-354, entitled: RESOLUTION ADOPTING CAPITAL FACILITIES AND EQUIPMENT PLAN FOR COUNTY SERVICE AREA NO. 111 - BOULEVARD,

No. 01-355, entitled: RESOLUTION ADOPTING CAPITAL FACILITIES AND EQUIPMENT PLAN FOR COUNTY SERVICE AREA NO. 112 - CAMPO, and

No. 01-356, entitled: RESOLUTION ADOPTING CAPITAL FACILITIES AND EQUIPMENT PLAN FOR COUNTY SERVICE AREA NO. 113 - SAN PASQUAL.

AYES:  Cox, Jacob, Slater, Roberts, Horn

4.

SUBJECT:

REVISIONS TO THE STORMWATER QUALITY MANAGEMENT ORDINANCE  (DISTRICT: ALL)

On February 21, 2001, the San Diego Regional Water Quality Control Board issued a new National Pollutant Discharge Elimination System Municipal Stormwater Permit (Permit) to the County, all eighteen cities within the county and the Port District, collectively designated as Copermittees.  There are substantial new requirements in the new Permit, including requirements that the County regulate construction and land development, existing industrial and commercial facilities, municipal activities (including construction) and facilities, and residential activities. The Permit is enforceable against the County through civil and administrative penalties.   

The Permit requires Copermittees to implement legal authorities to enforce these new mandates.  The proposed revisions to the San Diego County Code of Regulatory Ordinances, Stormwater Quality Management Ordinance, will establish the necessary legal authorities.  As part of the proposed revisions, this Ordinance will be retitled Watershed Protection, Stormwater Management and Discharge Control Ordinance (Watershed Protection Ordinance).  The deadline to implement the required changes to County Ordinances is February 21, 2002.

As Principal Permittee for the new Permit, the County has assumed a leadership role that involves assisting Copermittees in their compliance with new mandates.  This Ordinance has been provided to the Copermittees for use in their jurisdictions in an effort to facilitate consistency of approach throughout the county.  Prior to submittal of this Ordinance to the Board of Supervisors, County Departments conducted extensive stakeholder outreach to solicit suggestions for change to a draft of the Ordinance.  A draft of the Watershed Protection Ordinance was placed on the Project Clean Water webpage for stakeholder input.  The Ordinance was also distributed to over 600 stakeholders.  Where feasible and consistent with the Permit’s requirements, stakeholder input has been incorporated into the final Ordinance before the Board today.

The Stormwater Standards Manual, which is an appendix to the Watershed Protection Ordinance, is now under stakeholder review.  County staff will complete the review process and return to the Board of Supervisors on January 9, 2002 for the first reading of the Stormwater Standards Manual.  The second reading of both the Watershed Protection Ordinance and Stormwater Standards Manual will be conducted on January 16, 2002 to meet the mandated deadlines in the Permit.

The new regional Permit and this Ordinance, which implements the Permit, will place new operational and fiscal requirements on County departments.  These costs can be broken down into two general categories: program administrative support and land development/construction project costs.

For program administrative support costs, preliminary estimates are for an additional ongoing requirement of  $3,700,000 per year.  These costs would include an increase in staff positions and contract support for an expanded stormwater monitoring program.  Staff will return to the Board with options and alternatives for a funding plan to meet these costs.

Some County costs related to land development/construction projects can be recovered through existing permitting and inspection fees.  Building permit fees for projects defined as high priority by the new regional Permit may increase.  Staff will return to the Board early next year with a revised fee schedule.  County facilities must comply with the same standards as regulated industry and there will be additional costs to the County for our municipal construction projects.  These costs are roughly estimated between one and three percent of total project cost for stormwater protection at construction sites.

BUSINESS IMPACT STATEMENT:

Adoption of this Ordinance will require the use of Best Management Practices (BMPs) and additional site-specific requirements at land development projects, construction sites, and industrial and commercial facilities.  The increased costs to impacted operations will vary depending on the BMPs needed to comply with the Ordinance.  Currently, many construction sites and industrial facilities are required to comply with State permits that already require the use of BMPs.  Cost increase to the construction of a new house in San Diego County is estimated to be between 1 and 3 percent.  This would increase the cost of a median priced house in the unincorporated area by   $2200.00 to $6600.00.

RECOMMENDATION:

1.     Find that the proposed project (adoption of the proposed ordinance) is exempt from CEQA as specified under sections 15307 and 15308 of the State CEQA Guidelines.

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

AN ORDINANCE AMENDING THE CODE OF REGULATORY ORDINANCES RELATING TO STORMWATER REGULATIONS

Submit the Ordinance for further Board consideration and adoption (second reading) on January 16, 2002.

3.     Direct County staff to distribute a draft of the Stormwater Standards Manual, accept comments from stakeholders and return to the Board of Supervisors on January 9, 2002 with an Ordinance adding the Stormwater Standards Manual to the County Code.

ON MOTION of Supervisor Cox, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, amending Ordinance section 67.806(c), second sentence, inserting the following after the initial word "Dischargers": ", other than emergency fire fighting dischargers," introducing Ordinance for further consideration on January 16, 2002.

AYES:  Cox, Jacob, Slater, Roberts, Horn

5.

SUBJECT:

SET HEARING FOR 1/16/2002 9:00 A.M.

THE BRIDGES:  OPEN SPACE EASEMENT VACATION, VAC 01-009, SAN DIEGUITO COMMUNITY PLAN (DISTRICT: 5)

This is a request to set a date for a public hearing to consider a Vacation of a portion of an open space easement that was required as part of the approval of Tentative Map 4569.  The subject open space is for recreational/golf course purposes and is necessary to provide for a reconfiguration of adjacent residential lots.  A substantially larger area than the area proposed to be vacated will be dedicated as replacement open space. 

N/A

RECOMMENDATION:

DEPARTMENT OF PLANNING AND LAND USE:

1.               Direct the Clerk of the Board of Supervisors to set a public hearing for January 16, 2002, at 9:00 a.m. to consider vacating the subject open space easement.

2.               Provide the notice required by law.

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended setting a public hearing for January 16, 2002, at 9:00 a.m.

AYES:  Cox, Jacob, Slater, Roberts, Horn

6.

SUBJECT:

WAIVER OF FEES AND PARCEL MAPS CREATING ENVIRONMENTAL SUBDIVISIONS BY NON-PROFIT ORGANIZATIONS (DISTRICT: ALL)

In 1997, the California Legislature created a mechanism whereby land may be subdivided for biotic and wildlife purposes when certain conditions are met.  Such Environmental Subdivisions authorized by Section 66418.2 of the Government Code can be useful in implementing the County of San Diego's Open Space and Multiple Species Conservation Program.  The waiver of fees for processing an Environmental Subdivision would provide an incentive for non-profit conservation groups to acquire lands that have high biotic and wildlife habitat values and subdivide them for the purpose of natural resource preservation and protection of the environment. 

The proposed ordinance sets forth a process by which a subdivider may create an Environmental Subdivision, and provides for a waiver of fees and waiver of a parcel map for processing such subdivisions in the County of San Diego.  The waiver of fees is being requested at this time because non-profit organizations are seeking to acquire land, or portions of land, integral to the County of San Diego Multiple Species Conservation Program Plan.  They may not be able to fund the subdivision requirements.

The costs for this request are budgeted.  If approved this request may result in $17,800 current year cost, $17,800 annual cost with the addition of no staff years. 

The Departments of Planning and Land Use and Public Works estimate that there may be two waiver requests a year.  The combined cost of the Departments of Planning and Land Use and Public Works for processing an Environmental Subdivision is estimated to be $4,450 for each request.  Estimated annual cost is $8,900.  This would result in an equal amount of loss of revenue resulting in an annual net County cost impact of $17,800.  These costs will be absorbed in other programs throughout the Department.

These subdivisions may occur within areas identified as potential preservation land under the Multiple Species Conservation Program Plan.  Therefore, it is expected that the majority of these costs will be offset by the savings realized due to reduced costs to the County if a subsequent County purchase of the open space is accomplished.  By encouraging others to purchase open space, the County is able to leverage its funding for open space acquisitions within the preserve area.

BUSINESS IMPACT STATEMENT:

The waiver of fees for subdivision processing will reduce the cost for the conservation group in acquiring valuable habitat lands and will reduce costs for the County if a subsequent County purchase is desired.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

1.     Find that in accordance with Sections 15307 and 15308 of California Environmental Quality Act (CEQA) Guidelines, there is no possibility the activity may have a significant effect on the environment.

2.     Approve introduction of the Ordinance (First Reading), read title and waive further reading of the Ordinance:

“AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES SUBDIVISION ORDINANCE RELATING TO THE PROCESSING OF ENVIRONMENTAL SUBDIVISIONS AND PROVIDING FOR THE WAIVER OF FEES FOR SUCH SUBDIVISIONS”

Submit the Ordinance for further Board consideration and adoption (Second Reading) on January 9, 2002.

3.     Waive Board Policy B-29, Fees, Grants, Revenue Contracts- Department Responsibility for Cost Recovery.

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors, took action as recommended, introducing Ordinance for further consideration on January 9, 2002.

AYES:  Cox, Jacob, Slater, Roberts, Horn

7.

SUBJECT:

CONSULTANT FOR NORTH COUNTY SUBAREA PLAN FOR MULTIPLE SPECIES CONSERVATION PLAN (DISTRICT:  2, 3, 5)

The Multiple Species Conservation Program was prepared under the State Natural Community Conservation Planning Program as provided in California Fish and Game Code Section 2800 et. seq.  The County of San Diego adopted the Multiple Species Conservation Program Plan in October of 1997 and entered into an Implementing Agreement with the United States Fish and Wildlife Service and California Department of Fish and Game on March 17, 1998.  The Multiple Species Conservation Program Plan was the result of six years of intense planning and review by a diverse group of private conservationists and developers as well as a number of public agencies, including the United States Fish and Wildlife Service and the California Department of Fish and Game.  That plan covers the southwestern portion of San Diego County and consists of 582,000 acres and includes the Cities of San Diego, Poway, Chula Vista, Santee, El Cajon, La Mesa, Lemon Grove, Imperial Beach, National City and a portion of San Diego County's unincorporated area. 

Large portions of northern San Diego County have been designated by the United States Fish and Wildlife Service as critical habitat for endangered and threatened species. On July 17, 1996 (6), the Board of Supervisors directed the Department of Planning and Land Use to embark on an additional subarea for the Multiple Species Conservation Program in North County.  This plan covers the area north and east of Camp Pendleton to the Riverside County Line and East to the Cleveland National Forest boundary (approximately 357,132 acres).  The major goal of the North County Subarea Plan is to provide a means at the County level to address designations by gaining coverage for approximately 70 species of plants and animals that are potentially rare and endangered.  This is intended to provide a streamlined permit process for development proposals while at the same time assembling a viable habitat preserve system.

Subsequent to the Board’s adoption of the Multiple Species Conservation Program Plan in 1997 to date, the County has received Federal funding totaling of $1,118,350 for planning activities.

On March 22, 2000 (1), the Board of Supervisors approved and authorized the Clerk of the Board to execute an agreement with Ogden Environmental (now known as AMEC) to provide planning consulting services required to prepare the North County Subarea Plan.  The Contract amount was not to exceed $470,776 to terminate on June 30, 2002.   

Subsequent to the approval by the Board of Supervisors of this contract and scope of work, the California Department of Fish and Game (Fish and Game Code Section 2811) added a requirement for independent scientific review of information used in the creation of Natural Community Conservation Planning Program Plans such as the North County Subarea Plan.  Review by independent scientists will ensure the validity for the North County Subarea Plan.  

Approval of the Chief Administrative Officer’s recommendation would authorize the County to revise the existing contract with AMEC to add a milestone to the scope of work to comply with the new State and Federal legislative requirements to obtain independent scientific “peer” review of best available scientific data and methodologies used to create the North County Subarea Plan.  Additional consultant planning services, including modification and analysis of the habitat plan models, are needed to incorporate the recommendations of the independent scientists in order to attain a standard of the best scientific information.

Funds for this request are budgeted in the Department of Planning and Land Use FY 2001-2002 budget as matching funds for a $250,000 grant from the U.S. Fish and Wildlife Service for the North County Subarea Plan of the Multiple Species Conservation Program.  If approved, this request will result in $125,000 in current year costs, no annual cost and the addition of no staff years.  We anticipate obtaining additional funding for FY 2001-2002 of $400,000. 

BUSINESS IMPACT STATEMENT:

The proposal will not have a direct impact on the business community.  However, creating a regional open space plan for the northern part of San Diego County should assist in processing land development projects that are found to be in conformance with such a plan by eliminating the need for separate Federal and State Endangered Species Permits.  The intent of open space plans is not only to provide a means to assemble a regional open space preserve system, but also to provide a means for a more predictable and streamlined development review process.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Authorize the Clerk of the Board to execute a contract amendment with AMEC to revise the scope of work for existing Contract No. 37687 to include a milestone for providing consulting planning services to respond to the recommendations of the Independent Science Advisors to assure that the best available scientific data and methodologies are used to create the North County Subarea Plan, and increase the contract amount by $125,000 for a total amount of $595,776 and extend the contract period to December 31, 2002.

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn

8.

SUBJECT:

BORREGO SPRINGS TOURISM DEVELOPMENT AND MARKETING PLAN  (DISTRICT: 5)

On May 2, 2000 (5) your Board approved the allocation of a $50,000 Community Development Block Grant for the preparation of an Economic Development/Marketing Plan for the community of Borrego Springs.  Project funds were released on September 21, 2000.

In late 1998, a group of community leaders formed a visioning group to discuss a vision for the future of  Borrego Springs.  By spring of 1999, the group had determined that vision group would invite other community leaders to form a Vitalization Group.  The Vitalization Group, through the Chamber of Commerce, applied for the community development block grant that funded the creation of this Plan. 

Working with the Office of Trade and Business Development, members of the community assisted in composing the Request for Proposals that included timelines and statement of work to select a consultant.  Members of the community also served on the Source Selection Committee that reviewed all proposals submitted in response to Request for Proposal No. 10136,  Borrego Springs Marketing Study and Economic Development Plan.  Proposals were reviewed and a selection recommendation made to the Source Selection Authority.  This selection recommendation was forwarded to the Director of Department of Purchasing and Contracting.  County Contract No. 44961 between the County of San Diego and Chandler, Brooks & Donahoe, Inc. was executed on June 18, 2001 “to provide the Borrego Springs Marketing Study and Economic Development Plan.”

In July 2001 the consultant and a representative from the Office of Trade and Business Development held a public meeting to educate the Borrego Springs community-at-large regarding the fundamental rules and processes of tourism.  During August and September the consultant interviewed and received input for the Plan from many individuals and organizations in Borrego Springs.  Page 160 of the Plan provides an extensive list of these individuals and organizations.

In October the consultant presented the Plan for review by the Borrego Springs Vitalization Group.  At a second meeting in October the consultant presented the Plan to the community.  These meetings were held so that the Vitalization Group and community could provide input/changes to the Plan draft.  These meetings were attended by approximately 100 people from the community of Borrego Springs.

In Fiscal Year 2000-01 Community Development Block Grant program, $50,000 was expended for preparation of a marketing study and economic development plan.  These funds included $40,000 for development of the Plan and $10,000 for project coordination and administration by the Office of Trade and Business Development. 

BUSINESS IMPACT STATEMENT:

The Plan provides a step-by-step action plan that can be implemented by Borrego Spring to increase tourism.  This increase in tourism will have a positive impact on businesses in Borrego Springs.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER:

Accept the Borrego Springs Tourism Development and Marketing Plan.

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn

9.

SUBJECT:

VARIANCE FROM LOW PRESSURE SODIUM STREET LIGHTS FOR SAN PASQUAL ACADEMY, ESCONDIDO AREA (DISTRICT: ALL)

On May 9, 1984 (14), the Board directed that all new County-owned street lights be outfitted with low pressure sodium luminaires. The intent of this decision was to reduce light pollution, save energy and reduce costs. Local observatories supported the direction because low pressure sodium light is more easily filtered.

In renovating the San Pasqual Academy as a residential foster care school facility, the County has improved Academy Drive as a public road.  The improvements to Academy Drive include public sidewalks, wheel chair ramps, a bus stop, and street lights. Low pressure sodium lights will not provide the level of lighting needed in this area where pedestrian safety and personal security is a priority.

This is a request to waive the requirement for low pressure sodium street lights along Academy Drive to provide the best possible safety and lighting for San Pasqual Academy occupants and visitors.  In addition, it is requested that the Board direct  the Chief Administrative Officer to have a report prepared  analyzing use of low pressure sodium and other forms of street lighting based on the past 17 years experience.

Funding source is San Diego County Street Lighting District. If approved, this request will result in no current year cost, no annual cost, and require no additional staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER`

1.     Find, in accordance with Section 15061(b)(3) of California Environmental Quality Act (CEQA) Guidelines, that there is no possibility the following action may have significant effect on the environment and is therefore not subject to CEQA.

2.     Waive the requirement for low pressure sodium street lights along Academy Drive.

3.     Direct the Chief Administrative Officer to provide a report on low pressure sodium and other forms of public street lighting to be brought before the Board in 180 days.

ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors took action as recommended.

AYES:       Cox, Jacob, Roberts, Horn

ABSENT:  Slater

10.

SUBJECT:

TERMINATION OF AN IRREVOCABLE OFFER OF DEDICATION (IOD) FOR A PORTION OF BUCKSHOT CANYON ROAD (VAC 01-003), BONSALL COMMUNITY PLANNING AREA (DISTRICT: 5)

This is a request to terminate an Irrevocable Offer of Dedication (IOD) for Buckshot Canyon Road in the community of Bonsall.  The IOD to be terminated is approximately 330 feet long and 60 feet wide.  It is located west of Lawrence Welk Lane and south of the existing Buckshot Canyon Road.

The IOD proposed for termination was granted to the County of San Diego for roadway purposes on March 13, 1974.  The IOD was originally created to reserve right-of-way for a possible future public road connection between Old Highway 395/Lawrence Welk Lane and El Paseo.  The City of Oceanside, however, has planned and acquired land in the area for a future reservoir.  The proposed future public road connection would traverse the area designated for the future reservoir.  The future public road connection is no longer feasible along the designated alignment.  The area proposed for termination is, therefore, no longer needed for public road use.

Government Code Section 7050 states that a road vacation process may be used to terminate an IOD.  Under this process, Section 8333 of the Streets and Highways Code allows a summary vacation when easement has not been acquired for five consecutive years immediately preceding proposed vacation. IOD for this portion of Buckshot Canyon Road was originally granted to the County of San Diego in 1974. The County has not accepted the offer of dedication, thus a summary vacation is allowed.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.     Find the Negative Declaration dated September 8, 1983 on file with the Department of Planning and Land Use as Environmental Review # 83-15-11 has been completed in compliance with California Environmental Quality Act (CEQA) and State and County CEQA Guidelines, the Board has reviewed and considered the information contained therein prior to approving the project, the Negative Declarations reflect the independent judgement and analysis of the Board of Supervisors; and

Find there are no changes in the project or circumstances under which it is undertaken, or no new information which results in a new significant environmental effect or a substantial increase in the severity of a previously identified significant environmental effect since the adoption of the previous Negative Declaration (#83-15-11).

2.     Adopt the Form of Resolution of Summary Vacation to Terminate an Irrevocable Offer of Dedication for a portion of Buckshot Canyon Road. (Attachment A)

3.     Find requested termination is consistent with the San Diego County General Plan.

4.     Find the subject Irrevocable Offer of Dedication is not useful as a non-motorized facility.

5.     Find there are no public utility facilities in place that would be affected by said vacation or termination.

6.     Find the subject Irrevocable Offer of Dedication is unnecessary for present or prospective use as a County street, highway or public service easement.

7.     Direct the Clerk of the Board of Supervisors to record this Resolution pursuant to Streets and Highways Code Section 8325.

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent; adopting Resolution No. 01-357, entitled: RESOLUTION OF SUMMARY VACATION TO TERMINATE AN IRREVOCABLE OFFER OF DEDICATION FOR A PORTION OF BUCKSHOT CANYON ROAD.

AYES:  Cox, Jacob, Slater, Roberts, Horn

11.

SUBJECT:

STREET LIGHT PETITIONS IN VARIOUS LOCATIONS IN THE AREAS OF UNINCORPORATED EL CAJON AND CASA DE ORO (DISTRICT: 2)

In areas of the County that developed before street lights were required and where lights are now desired, property owners may rectify this situation by forming or annexing to a zone within the San Diego County Street Lighting District. The Lighting District includes the entire unincorporated area, and is currently composed of two zones. Zone A provides street lighting and charges benefiting properties an annual assessment for operation and maintenance of the lights.  Properties in Zone B receive no lighting services but are not charged.

This item involves approval of three petitions from property owners in the communities of unincorporated El Cajon and Casa de Oro to annex to Zone A for provision of street lights in their areas. In accordance with Board Policy J-20, Lighting District Zone Formation and Annexations, such petitions will be approved unless the weighted value of petition responses opposing the proposal exceeds those approving it.

Costs to process the petitions are an expense to benefiting property owners.  Costs to operate and maintain street lights are a regularly budgeted expense of the San Diego County Street Lighting District.  If approved, this request will result in no annual cost and will require no additional staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.     Find, in accordance with Section 15061(b)(3) of California Environmental Quality Act (CEQA) Guidelines, it can be seen with certainty there is no possibility the following actions may have a significant effect on the environment and are therefore not subject to CEQA.

2.     Approve the following Petitions:

a)     Pepper Drive West #1 (El Cajon) for nine lights.

b)     Pepper Drive West #2 (El Cajon) for 34 lights.

c)     Sierra Madre Road (Casa de Oro) for five lights.

ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, and directed staff to work with Mr. Vandensen regarding location of lightpole near his property.

AYES:       Cox, Jacob, Roberts, Horn

ABSENT:  Slater

12.

SUBJECT:

AMENDMENT TO AGREEMENT WITH CALTRANS - DRAINAGE EASEMENTS ALONG STATE ROUTE 125 (DISTRICT: 2)

On August 15, 1995 (21), the Board approved Cooperative Agreement No. 11-8181 for Sweetwater Road drainage easements with the State of California Department of Transportation (Caltrans).  This agreement, with initial expiration date of December 31, 1999, allowed Caltrans to take ownership of various drainage easements to construct State Route 125 freeway (SR-125) and associated drainage structures in Spring Valley area.  The agreement also provided for Caltrans to return those easements outside of the freeway right-of-way to the County and the Flood Control District, upon completion of construction.

This arrangement benefits the community through better drainage facilities that greatly decrease the risk of flooding.  It also benefits the County and it's residents through lower maintenance costs during construction because Caltrans maintains the sites.  When improved easements are returned to the County after completion of construction, they will be less costly to maintain.

On December 8, 1999 (9), this agreement (Amendment No. 11-8181/A1) was extended until December 31, 2001. Due to unforeseen scheduling conflicts, Caltrans has determined that SR-125 project will not be completed before the December 31, 2001, termination date of the agreement.  Caltrans has requested an extension of an additional year (Amendment No. 11-8181/A2) until December 31, 2002.

This request will have no current or subsequent year fiscal impact, and will require no additional staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.     Find in accordance with Section 15061(b)(3) of California Environmental Quality Act (CEQA) Guidelines that this action is not a project as defined in Section 15378(3)(b)(2) and is therefore, not subject to CEQA.

2.     Approve and authorize the Clerk of the Board to execute five copies of the Amendment (Agreement No. 11-8181/A2) with Caltrans to extend the termination date to December 31, 2002.

(Relates to Flood Control District, Agenda No. 1)

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn

13.

SUBJECT:

PERMANENT ROAD DIVISION 46 – ROCOSO ROAD: APPROPRIATIONS FOR UNANTICIPATED CULVERT REPAIRS (DISTRICT: 2)

On January 8, 1972 (89), the Board of Supervisors established Permanent Road Division 46 – Rocoso Road for road improvement and maintenance. After a recent inspection by County staff, it became apparent that two culverts on the road were too deteriorated to clean and must be removed and replaced. Immediate action must be taken to avoid culvert failure, which could cause a safety hazard for motorists and pedestrians.

The Board is requested to approve and authorize establishment of additional appropriations for Permanent Road Division 46 – Rocoso Road for unanticipated culvert repairs estimated at $19,000. The Permanent Road Division currently has $2,000 allocated to special maintenance. Transfer of an additional $17,000 from the Capital Reserve for Permanent Road Division 46 – Rocoso Road is requested so culvert replacement work can be completed before the rainy season.

This request was not anticipated in the current year budget. Funding source is the Capital Reserve Account for Permanent Road Division 46 – Rocoso Road. A transfer of $17,000 is requested to supplement budgeted funds for special maintenance of $2,000. If approved, this request will result in a $19,000 current year cost for Rocoso Road, no ongoing annual cost, and will require no additional staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.     Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15301 of the State CEQA Guidelines. This project is categorically exempt from provisions of CEQA because it consists of minor repair and maintenance of existing facilities with no increase in capacity.

2.     Reduce the Capital Reserve designation for Permanent Road Division 46 – Rocoso Road in the amount of $17,000. (4 VOTES)

3.     Establish appropriations in the amount of $17,000 in Permanent Road Division 46 – Rocoso Road (Special Maintenance) based on fund balance made available by reduction of the Capital Reserve designation. (4 VOTES)

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn

14.

SUBJECT:

ESTABLISHMENT OF APPROPRIATIONS AND AUTHORIZATION TO EXECUTE THE SECOND AMENDMENT TO THE CONSULTANT AGREEMENT FOR TIJUANA RIVER VALLEY REGIONAL PARK (DISTRICT: 1)

Public agencies in California must use a Qualifications Based Selection method to contract for consultant services.  This method requires such services be engaged on the basis of demonstrated competence and qualifications for types of services to be performed at a fair and reasonable cost.  Board Policy F-40, Procuring Architectural, Engineering and Related Professional Services, describes the County’s method for Qualifications Based Selection.  In accordance with provisions of this policy, three consultant firms from the Joint County/City of San Diego list for Landscape Architecture Services were interviewed.  Schmidt Design Group was selected as the most qualified to perform the required services. 

Pursuant to Board Policy F-40, the Director of the Department of Purchasing and Contracting has the authority to execute a consultant contract for which the fee does not exceed $100,000.  As such, on September 18, 1998, on behalf of the County of San Diego, the Director of Purchasing and Contracting executed an Agreement with Schmidt Design Group for $48,000 to prepare an Opportunities and Constraints Report, boundary map, and park concept plan for the Tijuana River Valley Regional Park.  Upon completion of the Opportunities and Constraints Report, on August 19, 1999, the Director of Purchasing and Contracting approved the First Amendment to the Agreement in the amount of $40,000 for the preparation of a Management Framework Plan for the Tijuana River Valley Regional Park.  The plan was completed in November 2001.

Assistance is now needed in the preparation of construction plans and specifications for the Tijuana River Valley Regional Park Sports Field Complex.  The Complex is an active recreation facility identified in the Tijuana River Valley Regional Park Management Framework Plan.  This is a request to authorize the Director of Purchasing and Contracting to execute the Second Amendment to the Consultant Agreement with Schmidt Design Group in an amount not to exceed $99,000 for the preparation of construction plans and specifications for the Tijuana River Valley Sports Field Complex.

The Management Framework Plan also identifies the need for signage to help identify the area as a park, and calls for restoration of disturbed areas in the Tijuana River Valley Regional Park.  One method of restoration is through tree planting in the park.  This action will also establish appropriations of $100,000 in Capital Project KN0873, Tijuana River Valley Sports Park Complex, for installation of irrigation, trees and park signage.

Funding for preparation of construction plans and specifications is provided by previously budgeted Proposition 12 Per Capita funding, consistent with the Proposition 12 State Parks Bond Act Funding Application Strategy approved by the Board on March 14, 2001 (8).  Funding for the installation of irrigation, trees, and park signage is provided by Department of Parks and Recreation current year Grant Match General Funds being appropriated in the Capital Project in this action.

The proposed action will authorize the Director of Purchasing and Contracting to execute the second amendment to a consultant agreement in the amount of $99,000.  Funds for this request are provided by previously budgeted Proposition 12 State Parks Bond Act funding which is available in the Capital Project.  In addition, the proposed action will approve additional Capital Project funding in the amount of $100,000 for installation of irrigation, trees and park signage.  This funding is provided by current year Department of Parks and Recreation Grant Match General Funds being appropriated in this action.  If approved, this request will result in $199,000 current year cost, no annual cost and will require the addition of no staff years.  Maintenance of the installed facilities will be managed with existing budgeted resources within the Department of Parks and Recreation.  There will be no additional cost to the General Fund resulting from this action.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.     Find in accordance with Section 15304 of the California Environmental Quality Act (CEQA) Guidelines that the installation of irrigation and trees is categorically exempt from CEQA.

2.     Find in accordance with Section 15311 of the CEQA Guidelines that the installation of park signage is categorically exempt from CEQA.

3.     Waive Board Policy A-91, Mid-Year Budget Changes, to allow for the appropriation of Department of Parks and Recreation Grant Match General Funds into the Capital Outlay Fund.

4.     Transfer appropriations in the amount of $100,000 from the Parks and Recreation Department budget, Org. 5116, Account 3453 (Contributions to Other Agencies) to Contributions to Capital Outlay Fund, Org. 5361, Account 6310 (Operating Transfers Out), to provide funds for Tijuana River Valley Regional Park Sports Field Complex.

5.     Establish appropriations in the amount of $100,000 in Capital Project KN0873, Tijuana River Valley Regional Park Sports Field Complex, based on an operating transfer from the General Fund.  (4 VOTES)

6.     Authorize the Director, Department of Purchasing and Contracting, to execute the Second Amendment to the Consultant Agreement with Schmidt Design Group, Incorporated (Contract No. 43999) in an amount not to exceed $99,000, for preparation of construction plans and specifications for the Tijuana River Valley Sports Park/Ballfields, commencing upon approval of the Director of Purchasing and Contracting.

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn

15.

SUBJECT:

REVENUE AGREEMENT WITH THE NATIONAL UNIFIED SCHOOL DISTRICT TO PROVIDE SUPPLEMENTAL FOOD SAFETY SERVICES   (DISTRICT: 1)

The Department of Environmental Health’s Food and Housing Division protects citizens from foodborne illnesses by inspecting health-regulated establishments on a regular basis and ensuring they comply with local, State and Federal health and food safety regulations.  As a leader in food safety issues, the Department of Environmental Health seeks to provide food safety plan development, education and outreach to a new target population of school district personnel and children.  The Department believes it is important to reach this target population because children are highly susceptible to foodborne illnesses.

Accordingly, the Department of Environmental Health requests Board authorization to execute a revenue agreement with the National Unified School District, located in National City, to provide supplemental food safety services to implement a “Food Safe School” model, contingent upon the District’s receipt of grant funds from the California Department of Education.  These services would include bilingual food safety outreach and the development of a Hazard Analysis Critical Control Point plan, which is a food safety management plan to monitor critical control points where foodborne illnesses can occur.  Elements of this “Food Safe School” model would then be utilized by other school districts in California and potentially across the nation.

Funds for this request are not budgeted in the Department of Environmental Health for FY 2001-02. The funding source is the revenue agreement with the National Unified School District. If approved, this request will result in $9,000 in current year costs and revenue and $6,000 in FY 2002-03 costs and revenue (including internal and external overheads).  Funds for FY 2002-03 will be included in the proposed budget.  This request will require the addition of no staff years.

BUSINESS IMPACT STATEMENT:

There is no fiscal impact on the retail food establishments within San Diego County.  School districts will benefit from the food safety plan development that will assist in the improvement of operations and directly benefit their students by reducing the possibility of foodborne illnesses.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.     Contingent upon the National Unified School District’s receipt of California Department of Education Food Safe School grant funds, authorize the Director, Department of Environmental Health, to execute a revenue agreement with the National Unified School District in the amount of $15,000 for the term December 2001 through November 2002, for the purpose of providing supplemental food safety services and implementing a “Food Safe School” model in the District; and to execute any amendments, extensions and/or revisions thereof, that do not materially impact or alter either the program or the funding level.

2.     Establish appropriations of $8,273 in the Department of Environmental Health to fund the supplemental food safety services for FY 2001-02, based upon unanticipated revenue from the agreement with the National Unified School District. (4 VOTES)

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn

16.

SUBJECT:

ADMINISTRATIVE ITEM:

APPROVAL OF A FINAL MAP FOR COUNTY OF SAN DIEGO TRACT NO. 5160-1, LOCATED IN ALPINE PLANNING GROUP AREA (DISTRICT: 2)

This project is a subdivision consisting of four single-family residential lots, and a total of 13.74 acres.  It is located in the Alpine area, easterly of Rancho Judith and northerly of the intersection of Big Red Road and Rancho Judith.   (Thomas Guide, Page 1233, J-7 , 2001 Edition) There will be no new streets. The sewage disposal system for this subdivision is to be handled by a separate septic system for each dwelling; therefore, neither a system of sewer lines nor a sewer district is involved.

The project is being brought before the Board for approval of the final map.

N/A

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

Approve this map.

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn

17.

SUBJECT:

REQUEST FOR ECONOMIC DETERMINATION REGARDING TEMPORARY HELP FIRM CONTRACTS (DISTRICT: ALL)

The County of San Diego utilizes temporary help firms to assist County agencies, departments and offices during peak workload periods, temporary absence of regular employees, and in situations other than a labor dispute.  The County has continuing needs for temporary help firms to assist County agencies, departments and offices in such situations.  For example, the current County temporary help contracts for staff support services expire on December 31, 2001, and there are definite needs for such contract arrangements to continue effective January 1, 2002.  Under Government Code Section 31000.4 the Board of Supervisors must determine that it is in the economic interest of the County to provide such temporary help by contracts rather than by employing persons for such purposes.

Approval of this action by the Board will permit the Director of Purchasing and Contracting to obtain these temporary help firms’ services in accordance with statutory law, the County Administrative Code and County Policies and Procedures.

There is no fiscal impact associated with this action.  The annual budgets approved by your Board provide funding for individual County departments, offices and agencies to compensate temporary help firms under such contracts.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

Determine based upon continuing operational needs that it is in the economic interest of the County to provide for temporary help through temporary help firm contracts as identified in, and pursuant to, the provisions of Government Code Section 31000.4.

ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn

18.

SUBJECT:

PRESENTATIONS/AWARDS (DISTRICT: ALL)

Chairman Horn presented a Proclamation honoring San Diego County Teacher of the Year 2002 to Pauline Williams.

Supervisor Cox presented a Proclamation honoring Gabriel Arce, for 30 years of Service to County Residents' Health Care.

Supervisor Jacob presented a Proclamation to Elisa Holston and Jess Johnson,  honoring San Diego County Teachers of the Year 2002.

Supervisor Jacob presented a Proclamation to Vito and Terry Siragusa, honoring 25 Years of Community Service.

19.

SUBJECT:  PUBLIC COMMUNICATIONS  (DISTRICT:  ALL)

Doug Gibson, Joan Hartmann, and Dick Bobertz  addressed the Board with a plaque presentation to Supervisor Pam Slater for her work with Regional Wetlands Conservation

Don Stillwell addressed the Board by wishing them Happy Holidays.

ACTION:

Heard; referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 11:25 a.m.

THOMAS J. PASTUSZKA
Clerk of the Board of Supervisors
County of San Diego, State of California

Notes by:  Lampley

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