STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, SEPTEMBER 22, 2004, 9:00 AM

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 Dianne Jacob, Chairwoman; Pam Slater-Price, Vice Chairwoman; Greg Cox; Ron Roberts; Bill Horn; also Thomas J. Pastuszka, Clerk.

Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meeting of August 18, 2004.

ACTION:

ON MOTION of Supervisor Cox, seconded by Supervisor Slater-Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meeting of August 18, 2004.

AYES: Cox, Jacob, Slater-Price, Horn

ABSENT: Roberts

Board of Supervisors’ Agenda Items
1. / NOTICED PUBLIC HEARING:
RANCHO SAN VICENTE: SPECIFIC PLAN AMENDMENT, SPA 03-007; MAJOR USE PERMIT MODIFICATION, P92-006W1; AND OPEN SPACE EASEMENT VACATION, VAC 03-019; RAMONA COMMUNITY PLAN AREA
2. / NOTICED PUBLIC HEARING:
RAMONA - ACQUISITION OF 70 ACRES (ASSESSOR'S PARCEL NUMBERS 282-010-08 AND 282-010-34) IN THE SANTA MARIA CREEK AREA
[FUNDING SOURCE(S): RIPARIAN AND RIVERINE HABITAT GRANT FUNDS AND PREVIOUSLY BUDGETED COUNTY GENERAL FUNDS]
3. / NOTICED PUBLIC HEARING:
CAMPO HILLS ENVIRONMENTAL IMPACT REPORT ADDENDUM, AMENDED COUNTY/CAMPO HILLS LLC AGREEMENT, WATER/SEWER ORDINANCES AND SOLE SOURCE CONTRACT
(4 VOTES)
4. / AUTHORIZATION TO APPLY FOR AND ACCEPT GRANTS FROM VARIOUS FUNDING PROGRAMS FOR VARIOUS PARKS AND RECREATION DEPARTMENT PROJECTS
5. / APPROPRIATION OF FUNDING FOR VARIOUS PARKS AND RECREATION DEPARTMENT PROJECTS
[FUNDING SOURCE(S): UNANTICIPATED GRANT REVENUE FROM 2004-2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND PROPOSITION 12 ROBERTI-Z’BERG-HARRIS GRANT REVENUE]
(4 VOTES)
6. / APPROPRIATION OF FUNDING FOR THE FELICITA PARK IMPROVEMENTS PROJECT FOR DEPARTMENT OF PARKS AND RECREATION
[FUNDING SOURCE(S): ESCONDIDO PARK LAND DEDICATION ORDINANCE ACCOUNT]
(4 VOTES)
7. / SET HEARING FOR 10/27/04
CONSIDERATION OF ADOPTION OF A RESOLUTION OF PUBLIC NECESSITY FOR THE VALLEY CENTER ROAD IMPROVEMENT PROJECT
[FUNDING SOURCE(S): TRANSNET REVENUE]
8. / SET HEARING FOR 10/27/04
CONSIDERATION OF ADOPTION OF A RESOLUTION OF PUBLIC NECESSITY TO MAKE IMPROVEMENTS TO A PORTION OF CAMINO DEL NORTE
9. / AUTHORIZE IDENTIFICATION AND ABATEMENT OF DEAD, DYING, AND DISEASED TREES IN THE JULIAN CUYAMACA FIRE PROTECTION DISTRICT
10. / CERTIFICATION OF STATE ROUTE 54/94 FINAL ENVIRONMENTAL IMPACT REPORT IN SPRING VALLEY AND THIRD AMENDMENT TO AGREEMENT WITH CONSULTANT FOR DESIGN SERVICES
[FUNDING SOURCE(S): TRANSNET]
(4 VOTES)
11. / DISSOLUTION OF COUNTY SERVICE AREAS 129 - BIRCH ST AND 86 - WATSON PL (CITY OF SANTEE); PUBLIC ROAD DECLARATION PERMANENT ROAD DIVISION ZONE 117 – LEGEND ROCK
12. / REQUEST FOR ADDITIONAL FUNDS FOR CONSTRUCTION OF BEAR VALLEY PARKWAY CULVERT
[FUNDING SOURCE(S): GAS TAX]
(4 VOTES)
13. / TERMINATION OF AN IRREVOCABLE OFFER OF DEDICATION FOR LOS NIDOS LANE (VAC 02-006), NORTH COUNTY METROPOLITAN COMMUNITY PLANNING AREA
14. / ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF 16TH STREET AND LA BREA STREET IMPROVEMENTS IN RAMONA
[FUNDING SOURCE(S): COMMUNITY DEVELOPMENT BLOCK GRANT & GAS TAX
15. / ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF SOUTH BARCELONA STREET IMPROVEMENT PROJECT
[FUNDING SOURCE(S): TRANSPORTATION DEVELOPMENT ACT, COMMUNITY DEVELOPMENT BLOCK GRANT AND GAS TAX]
16. / APPROVAL OF CONSULTANT AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR REHABILITATION OF RUNWAY 27R AT GILLESPIE FIELD
17. / COUNTY AIRPORTS – APPLY AND ACCEPT GRANT FUNDS FOR SEVEN AIRPORT PROJECTS AND AMEND THE FISCAL YEAR 2004-05 AIRPORT ENTERPRISE FUND SPENDING PLAN
18. / TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
19. / ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR BONITA STREET DRAINAGE IMPROVEMENTS IN THE CASA DE ORO COMMUNITY
[FUNDING SOURCE(S): GAS TAX AND FLOOD CONTROL DISTRICT]
(RELATES TO FLOOD CONTROL DISTRICT AGENDA NO. 2)
20. / ADMINISTRATIVE ITEM:
COUNTY OF SAN DIEGO TRACT NO. 4842-1: EXTEND LIEN CONTRACT FOR IMPROVEMENTS, LOCATED IN JAMUL-DULZURA COMMUNITY PLAN AREA
21. / ADMINISTRATIVE ITEM:
COUNTY OF SAN DIEGO TRACT NO. 4995-1: EXTEND LIEN CONTRACT FOR IMPROVEMENTS, LOCATED IN MOUNTAIN EMPIRE SUBREGIONAL PLAN AREA
22. / APPROVAL TO APPLY TO BECOME CALIFORNIA STATE-APPROVED ELECTRONIC WASTE COLLECTOR FOR UNINCORPORATED AREA RESIDENTS
[FUNDING SOURCE(S): NON-EXCLUSIVE SOLID WASTE MANAGEMENT AGREEMENT FEE]
23. / ADMINISTRATIVE ITEM:
CONTINUED NOTICED PUBLIC HEARING:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCES:
TRANSFER OF PLANNING AND ENVIRONMENTAL REVIEW BOARD (PERB) RESPONSIBILITIES TO THE PLANNING COMMISSION (POD 04-048)
24. / PUBLIC COMMUNICATION
25. / CARRY OVER FROM 9/21/04
CLOSED SESSION

9/22/04 6

1. / SUBJECT: / NOTICED PUBLIC HEARING:
RANCHO SAN VICENTE: SPECIFIC PLAN AMENDMENT, SPA 03-007; MAJOR USE PERMIT MODIFICATION, P92-006W1; AND OPEN SPACE EASEMENT VACATION, VAC 03-019; RAMONA COMMUNITY PLAN AREA (DISTRICT: 2)

OVERVIEW:

On August 18, 2004 (6), the Board of Supervisors set a Noticed Public Hearing for September 22, 2004 at 9:00 a.m.
This is a request to amend the Rancho San Vicente Specific Plan and to modify the associated Major Use Permit so that open space easements are not required within certain residential lots located adjacent to the Simon Open Space Preserve. There is also a request to vacate the subject open space easements. The affected lots are subject to the (21) Specific Plan Area (0.286) and the zoning includes the S88 Specific Planning Area Use Regulations. The project site is located both north and south of the intersection of Vista Ramona Road and Arena Way in the community of Ramona.
The vacation of open space easements is a two-step process. The first step is to set a date for the public hearing and direct the Clerk of the Board to provide notice and posting as required by law. The second step is to adopt a resolution to vacate specified open space easements at the close of the public hearing.

FISCAL IMPACT:

N/A
RECOMMENDATION:
PLANNING COMMISSION
  1. Adopt the Resolution approving the amendment (SPA 03-007) to the Rancho San Vicente Specific Plan, which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with State law and the County General Plan.
  2. Grant Major Use Permit Modification P92-006W1, which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Zoning Ordinance and State law.
DEPARTMENT OF PLANNING AND LAND USE
  1. Concurs with Planning Commission recommendation, and
  2. Adopt the Resolution approving the amendment (SPA 03-007) to the Rancho San Vicente Specific Plan, which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with State law and the County General Plan.
  3. Grant Major Use Permit Modification P92-006W1, which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Zoning Ordinance and State law.
  4. Adopt a Resolution entitled: “Resolution of Vacation of Street, Highway, or Public Service Easement (VAC03-019, Rancho San Vicente)”.
  5. Direct the Clerk of the Board to withhold recordation of the Vacation until all conditions of approval have been completed to the satisfaction of the Director of Planning and Land Use.

ACTION:

Directing the Chief Administrative Officer to add the following to the beginning of Condition 1(a) of the Vacation Resolution: “By December 1, 2004”; and directing the Chief Administrative Officer to delete the language that applies to garages, ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board of Supervisors closed the Hearing and took action as recommended, adopting
Resolution No. 04-189, entitled: RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING SPECIFIC PLAN AMENDMENT SPA 03-007 (Rancho San Vicente Specific Plan) SP 92-002, and
Resolution No. 04-190 entitled: RESOLUTION OF VACATION OF STREET, HIGHWAY, OR PUBLIC SERVICE EASEMENT (VAC 03-019, Rancho San Vicente).
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / NOTICED PUBLIC HEARING:
RAMONA - ACQUISITION OF 70 ACRES (ASSESSOR'S PARCEL NUMBERS 282-010-08 AND 282-010-34) IN THE SANTA MARIA CREEK AREA
(DISTRICT: 2)

OVERVIEW:

On August 18, 2004 (8), the Board set a hearing for September 22, 2004 to consider the acquisition of a 70-acre property in Ramona, known as the "Hardy Ranch" for open space conservation and future public trail use. The property, identified as Assessor's Parcel Numbers 282-010-08 and 282-010-34, is located in the Santa Maria Creek area, south of Ramona Airport Road (Thomas Guide, page 1172-B1).
The Board is requested to approve the purchase of Assessor's Parcel Numbers 282-010-08 and 282-010-34 from Dean and Ilana Hardy for the appraised value of $980,000. Funding for this acquisition is budgeted and available in Capital Project 1005265, Santa Maria Creek Acquisitions II (Hardy property). If acquired, this property will become part of the proposed Ramona Grasslands Preserve.

FISCAL IMPACT:

Funds for this request, in the amount of $980,000 are budgeted and available in Capital Project – 1005265, Santa Maria Creek Acquisition II (Hardy property). The funding source is $358,492 in Riparian and Riverine Habitat grant funds and $630,000 of previously budgeted County General Funds. If approved, today’s request will result in a current year cost of $980,000 for the purchase of the 70-acre property. The remaining funds will be used for Real Estate Services staff costs, and title and escrow fees. Management of the property will be provided by existing budgeted staff in the Department of Parks and Recreation. There will be no additional staff years resulting from this action.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER
1.  Find, in accordance with Section 15325 of the California Environmental Quality Act (CEQA) Guidelines, that the purchase of Assessor's Parcel Numbers 282-010-08 and 282-010-34 (Hardy) is categorically exempt from the provisions of the Guidelines as it involves the transfer of ownership of land to preserve open space and natural habitat.
2.  Approve the Real Property Contract for the purchase of Assessor's Parcel Numbers 282-010-08 and 282-010-34 (Hardy) for $980,000 and authorize the Clerk of the Board of Supervisors to execute two originals of the Contract.
3.  Authorize the Director, Department of General Services, or assignee, to execute all escrow-related documents necessary to complete the purchase.

ACTION:

ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board of Supervisors closed the Hearing and took action as recommended.
AYES: Cox, Jacob, Slater-Price, Roberts
ABSENT: Horn
3. / SUBJECT: / NOTICED PUBLIC HEARING:
CAMPO HILLS ENVIRONMENTAL IMPACT REPORT ADDENDUM, AMENDED COUNTY/CAMPO HILLS LLC AGREEMENT, WATER/SEWER ORDINANCES AND SOLE SOURCE CONTRACT (DISTRICT: 2)

OVERVIEW:

On January 24, 2001 (8), the County and Campo Hills LLC entered into an Agreement for the County to provide water supply and sewage disposal services for the Campo Hills 222-unit manufactured housing project in the community of Campo. To complete implementation of this Agreement, and to obtain operating permits for the new public water supply system, several Board actions will be required.
These actions include: 1) certifying an Addendum to the Environmental Impact Report for the Campo Hills project as required by the California Department of Health Services for a permit to operate a public water supply; 2) approving an amended Agreement with Campo Hills LLC to provide initial funding for system operation and maintenance; 3) adopting water service and water/sewer fee ordinances; 4) approving a sole source contract to provide specialized water treatment services; 5) establishing new funding accounts to carry out Campo water and sewer operations; and 6) authorizing submission of a grant application to the Department of Water Resources for funding to prepare a groundwater management plan for the Campo basin.
In order to provide water supply service to the Campo Hills development, several changes were required to the proposed water production system. The quality of the groundwater necessitated construction of a complex water treatment and uranium reduction facility that would meet Federal safe drinking water standards. This, in turn, resulted in the need for Campo Hills LLC to provide additional funding to ensure these facilities are operated and maintained at no net cost to the County. Pursuant to California Department of Health Services regulations, an Addendum to the Environmental Impact Report was prepared to address the water treatment system as a condition of obtaining a public water supply operating permit. Ordinances addressing terms and conditions for water service and establishing fees for this service are also necessary to achieve full cost recovery. Finally, a grant proposal to prepare a groundwater management plan for the Campo area is included for the Board’s consideration. Development of such a plan will help the County and local residents better manage scarce groundwater supplies into the foreseeable future.

FISCAL IMPACT:

The proposed budget for the Campo Hills water treatment system is $367,700, which will be funded by developer contributions and user fees. The proposed budget for the Campo Water and Sewer Service Area is $384,700, which will be funded by user fees and the Wastewater Management General Fund. There is no associated annual County cost and no additional staff years are required.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER
1.  Review and consider the information contained in the final Environmental Impact Report dated March 15, 1984 on file with Department of Planning and Land Use as Environmental Review Number 81-21-6 and the Addendum thereto dated August 19, 2004 on file with DPLU as Environmental Review Number 81-21-006B, prior to making your decision on the project.
2.  Adopt the Environmental Review Update Checklist Form for Projects with a Previously Approved Environmental Document dated August 19, 2004 on file with the Department of Planning and Land Use as Environmental Review Number 81-21-006B, including California Environmental Quality Act Guidelines 15162, 15163 and 15164 Findings for Determining the Appropriate Environmental Documentation to be completed when there is a previously certified Environmental Impact Report.
3.  Approve and authorize execution of the Amended Agreement between Campo Hills LLC and the County of San Diego pertaining to additional financial contribution by Campo Hills LLC for the operation and maintenance of water treatment facilities.
4.  Find, in accordance with Section 15061(b)(3) of the State CEQA Guidelines, that it can be seen with certainty that adoption of the ordinance described in Recomendation No. 5 will not have a significant effect on the environment and therefore is exempt from CEQA.
5.  Approve introduction (first reading) of the Ordinance, read the title and waive further reading of the following Ordinance:
AN ORDINANCE ADOPTING THE SAN DIEGO COUNTY WATER SERVICE ORDINANCE ESTABLISHING PROVISIONS FOR THE USE OF COUNTY OWNED WATER FACILITIES
Submit the Ordinance for further Board consideration and adoption (second reading) on October 6, 2004.
6.  Find in accordance with Section 15273 of the State CEQA Guidelines that adoption of the ordinance described in Recommendation No. 7 is exempt from CEQA as the adoption of rates and charges for water and sewer services is needed to meet the operational costs of the County.
7.  Approve introduction (first reading) of the Ordinance, read the title and waive further reading of the Ordinance: (4 VOTES)
AN ORDINANCE OF THE COUNTY OF SAN DIEGO ESTABLISHING FEES AND CHARGES FOR WATER AND SEWER SERVICE FOR THE CAMPO HILLS DEVELOPMENT AND THE CAMPO SERVICE AREA
Submit the Ordinance for further Board consideration and adoption (second reading) on October 6, 2004.
8.  In accordance with Board Policy A-87 Competitive Procurement, approve and authorize the Director, Department of Purchasing and Contracting to negotiate and- enter into a five-year renewable sole source contract with Basin Water to provide uranium removal and disposal services for the Campo Hills water system for an estimated annual cost of $25,000.
9.  Designate the Director, Department of Public Works, as the County officer responsible for administering the contract.
10.  Direct the Chief Financial Officer/Auditor and Controller to establish:
  1. An interest bearing Special Revenue Fund for Campo Hills Water System; and
  2. An interest bearing Special Revenue Fund for Campo Water and Sewer Service Area.
11.  Establish appropriations of $367,700 in the Campo Hills Water System Fund for water system operations, based on revenue from user fees and developer contributions. (4 VOTES)
12.  Establish appropriations of $384,700 in the Campo Water and Sewer Service Area Fund, for water and sewer system operations and maintenance, based on revenue from user fees and operating transfer from the Department of Public Works, Wastewater Management General Fund. (4 VOTES)
13.  Direct the Chief Administrative Officer to return in February 2005 with recommendations to adjust water and sewer rates for the Campo Community Water and Sewer System to achieve full cost recovery from existing customers.
14.  Adopt resolution entitled Resolution of the Board of Supervisors of the County of San Diego Authorizing Application for a Local Groundwater Assistance Grant Pursuant to the Local Groundwater Assistance Act of 2000 (AB303) and, if awarded, authorize the Director of Public Works as the responsible County official to administer the grant program.

ACTION:

Adding to recommendation 13 a direction to the Chief Administrative Officer to return in February, 2005, with a feasibility report of governance alternatives for long-term management of Campo water and wastewater treatment facilities, ON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, adopting Resolution No. 04-191, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO AUTHORIZING APPLICATION FOR A LOCAL GROUNWATER ASSISTANCE GRANT PURSUANT TO THE LOCAL GROUNDWATER ASSISTANCE ACT OF 2000 (AB303); and continued the Hearing, introducing Ordinances for further Board consideration and adoption on October 6, 2004.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. / SUBJECT: / AUTHORIZATION TO APPLY FOR AND ACCEPT GRANTS FROM VARIOUS FUNDING PROGRAMS FOR VARIOUS PARKS AND RECREATION DEPARTMENT PROJECTS (DISTRICTS: 1, 2 & 5)

OVERVIEW: