STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, FEBRUARY 24, 2010

Board Of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: Meeting was called to order at 9:03 a.m.

PRESENT: Supervisors Pam Slater-Price, Chairwoman; Bill Horn, Vice Chairman; Greg Cox; Dianne Jacob; Ron Roberts; also David Hall, Assistant Clerk of the Board.

Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meeting January 27, 2010.

ACTION:

ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors approved the Statement of Proceeding/Minutes for the meeting of January 27, 2010.

AYES: Cox, Jacob, Slater-Price, Roberts, Horn

Public Communication: [No Speakers]

Board of Supervisors’ Agenda Items

1. / NOTICED PUBLIC HEARING:
VISTA VALLEY COUNTRY CLUB – CLUBHOUSE EXPANSION; SPA 08-003; MUP 77-128W3; ER 84-08-009A
2. / NOTICED PUBLIC HEARING:
SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES AND ADMINISTRATIVE CODE PROVISIONS APPLICABLE TO THE LAND USE AND ENVIRONMENT GROUP
3. / SET HEARING FOR 3/24/10:
ACQUISITION OF 39.44 ACRES FOR INCLUSION IN THE ESCONDIDO CREEK PRESERVE (MICHAEL F. GARRISON AND SJIRK W. ZIJLSTRA)
4. / ADOPT RESOLUTIONS OF APPLICATION TO LOCAL AGENCY FORMATION COMMISSION FOR PROPOSED REORGANIZATION OF COUNTY SANITATION SERVICES
(RELATES TO SANITATION DISTRICT, AGENDA NO. 1)
5. / AMEND THE COUNTY’S TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS
6. / AUTHORIZATION TO APPLY FOR AND ACCEPT PROPOSITION 84 – STATEWIDE PARK PROGRAM AND NATURE EDUCATION FACILITIES PROGRAM GRANT FUNDING
7. / ADOPT A RESOLUTION AUTHORIZING APPLICATIONS FOR STATE FUNDING FOR RECYCLING, CLEANUP AND RESOURCE MANAGEMENT GRANTS
[FUNDING SOURCE(S): Department of Resources Recycling and Recovery (CALRECYCLE)]
8. / AMENDMENT TO THE BIOLOGICAL MITIGATION ORDINANCE
9. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: AN ORDINANCE AMENDING TITLE 8, DIVISION 1 OF THE SAN DIEGO COUNTY CODE RELATING TO SUBDIVISIONS AND RELATED FEE PROVISIONS; POD 09-005
10. / ORDINANCE REVISING THE COUNTY OF SAN DIEGO PUBLIC ROAD STANDARDS; ENHANCE FLEXIBILITY IN ROAD DESIGN (2/24/2010 -- Introduce Ordinance; 3/3/2010 – Adopt Ordinance)
11. / MCCLELLAN-PALOMAR AIRPORT - PRELIMINARY AGREEMENT CONCERNING DEVELOPMENT AND DISPOSITION OF LAND WITH CSDI, LLC
(4 VOTES)
12. / GILLESPIE FIELD - AMENDMENTS TO SEVENTEEN AVIATION LEASES
(4 VOTES)
13. / FIRE MITIGATION FEE PROGRAM: RESOLUTIONS SETTING FIRE MITIGATION FEE CEILINGS AND FIVE-YEAR CAPITAL FACILITIES AND EQUIPMENT PLANS IN COUNTY SERVICES AREAS 107, 109, 110, 111, 112, AND 113
14. / TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (02/24/2010 - Adopt Recommendations; 03/03/2010 - Second Reading of Ordinances)
15. / ADVERTISE AND AWARD A CONTRACT FOR CONSTRUCTION OF VIA DE SANTA FE/LA GRANADA INTERSECTION IMPROVEMENT PROJECT
[FUNDING SOURCE(S): TransNet]
(4 VOTES)
16. / REQUEST FOR SOLE SOURCE PROCUREMENT OF LABORATORY EQUIPMENT FOR VECTOR DISEASE DIAGNOSTIC LABORATORY
17. / PROPERTY TAX EXCHANGE FOR JURISDICTIONAL CHANGES – RANCHO SANTA FE COMMUNITY SERVICES DISTRICT UNDERGROUNDING LATENT POWER ACTIVATION
18. / CLOSED SESSION
(CARRYOVER FROM 2/23/10, AGENDA NO. 14)

2/24/10 18

1. / SUBJECT: / NOTICED PUBLIC HEARING:
VISTA VALLEY COUNTRY CLUB – CLUBHOUSE EXPANSION; SPA 08-003; MUP 77-128W3; ER 84-08-009A (DISTRICT: 5)
OVERVIEW:
The applicant requests a Specific Plan Amendment and Major Use Permit Modification to authorize the renovation and expansion of the existing golf course clubhouse. The construction would include a partial additional story and an increase of 16,942 square feet of floor area for a gym, spa and other amenities. The total square footage of the clubhouse would be approximately 39,200 square feet, including indoor and outdoor areas. The project would not result in an increase to the capacity of the golf course, food and beverage services, or the existing golf and social membership limits.
The project is located in the Bonsall Community Plan Area within unincorporated San Diego County. The site is subject to General Plan Regional Category Estate Development Area and Land Use Designation Specific Plan Area. Zoning for the site is Specific Planning Area. (APN 170-272-02; Thomas Guide Page 1068, D/7)
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
PLANNING COMMISSION
The Planning Commission recommends that the Board of Supervisors take the following actions:
1.  Adopt the Resolution entitled Resolution of the San Diego County Board of Supervisors Approving Specific Plan Amendment SPA 08-003. (Attachment B).
2.  Grant Major Use Permit Modification P77-128W3 and make the findings and impose the requirements and conditions as set forth in the Form of Decision. (Attachment C).
DEPARTMENT OF PLANNING AND LAND USE
The Department concurs with the Planning Commission’s recommendations.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 10-008, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING SPECIFIC PLAN AMENDMENT SPA 08-003 (VISTA VALLEY COUNTRY CLUB SPA 84-04).
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / NOTICED PUBLIC HEARING:
SUNSET REVIEW OF BOARD OF SUPERVISORS POLICIES AND ADMINISTRATIVE CODE PROVISIONS APPLICABLE TO THE LAND USE AND ENVIRONMENT GROUP (DISTRICTS: ALL)
OVERVIEW:
On December 8, 1998 (53), the Board of Supervisors approved the current Sunset Review Process based on a seven-year review cycle of the Administrative Code, Board of Supervisors Policies and San Diego County Code. Sunset Review items and associated items are presented to the Board in increments for approval as they reach their sunset dates.
Pursuant to Board Policy A-76, Sunset Review Process, this is a request to approve amendments to the Administrative Code and select Board of Supervisors Policies. The Land Use and Environment Group departments are primarily responsible for this sunset review.
FISCAL IMPACT:
The requested actions will have no current year or annual cost and will not require any additional staff years.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
On February 24, 2010:
1.  Find, in accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines that it can be seen with certainty there is no possibility the following actions may have a significant effect on the environment, and that these actions are, therefore, exempt from CEQA review.
2.  Approve the introduction and read the title and waive further reading of an ordinance entitled:
AN ORDINANCE AMENDING SECTION 731 OF THE ADMINSITRATIVE CODE REGARDING MEMBERSHIP AND SELECTION OF THE SAN DIEGO COUNTY PALOMAR AIRPORT ADVISORY COMMITTEE AND REPEALING ARTICLE XVIIIA, SECTIONS 348-349.5, OF THE ADMINISTRATIVE CODE ESTABLISHING THE GRAZING ADVISORY BOARD” (First Reading).
3.  Determine no change is necessary and approve a new sunset review date of December 31, 2016 for the following Board of Supervisors Policies:
§  A-103, Administration of Ordinance No. 7025 Relating to the Prevention and Control of Fly Breeding on Commercial Poultry Ranches and Other Sources
§  I-1, Planning and Sponsor Group Policies and Procedures
§  I-21, Minor Modifications and Time Extensions on Subdivision Agreements
§  I-29, Certificates of Zoning Compliance for Advertising Signs
§  I-32, Distribution of Notices of Board of Supervisors Conferences on Planning Matters
§  I-46, Public Hearings for Approval of Design Plans for Recreational Parkways
§  I-50, San Diego Regional Standards for Public Works Projects
4.  Approve amendments to and a new sunset review date of December 31, 2016 for the following Board of Supervisors Policies:
§  F-15, Compensation for Right-of-way Donated Under Assessment District Procedure
§  F-26, Utilization of Park Lands Dedication Ordinance Fees and Interest
§  F-44, Development of McClellan-Palomar Airport
§  I-30, Minor Street Acquisition, Vacations and Abandonments
§  I-112, Request to Form or Annex to a Special District for New Developments
§  J-16, Establishment of Assessment Districts to Provide for Pubic Improvement for Local and Circulations Element Roads
§  J-20, Lighting and Maintenance District Formations and Annexations
5.  Repeal the following Board of Supervisors Policies:
§  F-14, Assessment Act Proceedings for Public Improvements
§  I-4, Acquisition of Land with Federal Assistance Under the Open Space Law
§  J-3, Improvement and Maintenance of Roads, Not in County Maintained Road System
If, on February 24, 2010 the Board takes the action recommended above related to the introduction of an ordinance, then on March 3, 2010 (Second Reading):
Adopt the ordinance.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board closed the Hearing and took action as recommended, on Consent, introducing Ordinance for further Board consideration and adoption on March 3, 2010.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / SET HEARING FOR 3/24/10:
ACQUISITION OF 39.44 ACRES FOR INCLUSION IN THE ESCONDIDO CREEK PRESERVE (MICHAEL F. GARRISON AND SJIRK W. ZIJLSTRA) (DISTRICT: 5)
OVERVIEW:
The County has identified a 39.44-acre property known as the Mendocino Property in the unincorporated area south of San Marcos which is available to add to the County’s Escondido Creek Preserve. The Mendocino Property is located north and south of Elfin Forest Road (Thomas Guide: Page 1148, H-2). The fair market value of the Mendocino Property is $2,300,000, as determined by an independent appraiser.
The County is partnering with the San Diego Association of Governments through its TransNet Environmental Mitigation Program to purchase the land. This action requires two steps. On February 24, 2010, it is requested that the Board set a hearing for March 24, 2010 and provide public notice of the hearing to consider approving the purchase of the Mendocino property. If the Board takes the action recommended for February 24, 2010, then on March 24, 2010, after making necessary environmental findings, the Board is requested to approve the purchase of the Mendocino Property, identified as Assessor’s Parcel Number 264-042-87, from Michael F. Garrison and Sjirk W. Zijlstra and related agreements with the San Diego Association of Governments. These actions are discretionary after consideration of public testimony. Approval of this request will also authorize a deposit to an interest-bearing trust fund for initial one-time stewardship costs.
FISCAL IMPACT:
Funds in the amount of $1,220,860 are included in the Fiscal Year 2009-10 Operational Plan for Capital Project 1000012 – Multiple Species Conservation Program (MSCP) Acquisition. If approved, this request will result in additional costs and revenue of $1,184,860 based on revenue from the SANDAG TransNet Environmental Mitigation Program (EMP) ($1,150,000) and the AUD Miscellaneous Trust Fund ($34,860), bringing total project costs to $2,405,720. The funds will be used as follows: $2,300,000 for the County’s property acquisition cost, plus $6,000 for title and escrow fees, $69,720 for initial stewardship and $30,000 for staff costs and administrative expenses to complete the transaction.
Total annual ongoing cost for land stewardship, monitoring and adaptive management of the entire 39.44 acres is $5,920. One-half of the ongoing cost for management, monitoring and adaptive management of 19.72 acres of land ($2,960) will be funded through an interest-bearing endowment in the amount of $98,700 to be established at the close of escrow and administered by SANDAG. The County will fund the balance of the annual on-going management, monitoring and adaptive management costs ($2,960) in perpetuity. There will also be an annual cost of $2,248 for Fixed Charge Assessments on the property, including fire protection, water standby and vector control charges. DPR will seek funding in the Fiscal Year 2010-2011 Operational Plan budget process for these ongoing costs. Although continued acquisition of preserve land could eventually create the need for additional oversight staff, no additional staffing will be required as a result of this proposed purchase. There will be no change in current year net General Fund costs.
BUSINESS IMPACT STATEMENT:
This acquisition will decrease the time and costs related to transportation development projects associated with the TransNet program by providing a stream-lined process to acquire mitigation for the future projects.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
On February 24, 2010:
1.  Find that the proposed action to set a hearing to consider approving the purchase of Assessor’s Parcel Number (APN) 264-042-87 is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA Guidelines, as it is not a project as defined under Section 15378 of the CEQA Guidelines.
2.  Direct the Clerk of the Board to publish the required Notice of Intention to Purchase in accordance with Government Code Sections 25350 and 6063.
3.  Set a hearing for March 24, 2010, at which time the Board of Supervisors may consider approving the purchase of APN 264-042-87 from Michael F. Garrison and Sjirk W. Zijlstra for the appraised value of $2,300,000.
If, on February 24, 2010, the Board takes the actions recommended in Items 1-3, then, on March 24, 2010:
1.  Find, in accordance with Section 15325 of the CEQA Guidelines, that the purchase of APN 264-042-87 is categorically exempt from the provisions of the CEQA guidelines, as it involves the transfer of ownership of land to preserve open space and natural habitat.
2.  Approve the Purchase and Sale Agreement and Joint Escrow Instructions (Agreement) for the purchase of APN 264-042-87 from Michael F. Garrison and Sjirk W. Zijlstra for $2,300,000, and authorize the Director of General Services to execute two originals of the Agreement.
3.  Approve the Fund Transfer Agreement with San Diego Association of Governments (SANDAG) for SANDAG’s purchase of a conservation easement over APN 264-042-87 from the County for $1,150,000 and authorize the Director of the Department of General Services to execute two originals of the Fund Transfer Agreement.
4.  Approve the Land Management Agreement with SANDAG which provides terms for cost sharing of stewardship and management of the property and authorize the Director of the Department of Parks and Recreation to execute two originals of the Agreement.
5.  Authorize the Director of the Department of General Services, or designee, to execute all escrow and related documents necessary to purchase APN 264-042-87, including granting a conservation easement to SANDAG.
6.  Establish appropriations of $1,184,680 in the Capital Outlay Fund for Capital Project 1000012, Multiple Species Conservation Program project, based on unanticipated revenue the SANDAG TransNet Enviromental Mitigation Program ($1,150,000) and the AUD Miscellaneous Trust Fund ($34,860). (4 VOTES)
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, setting Hearing for March 24, 2010 at 9:00 a.m.