STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, OCTOBER 14, 2009

Board Of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: Meeting was called to order at 9:04 a.m.

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

Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meetings of September 16, 2009 and September 23, 2009.

ACTION:

ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meetings of September 16, 2009 and September 23, 2009.

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

Public Communication: (No Speakers)

Board of Supervisors’ Agenda Items

1. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: ORDINANCES AMENDING THE COUNTY BUILDING AND FIRE CODES AND RATIFYING THE 2009 CONSOLIDATED FIRE CODE AND GENERAL PLAN AMENDMENT TO THE PUBLIC FACILITY ELEMENT TO CLARIFY POLICES RELATED TO PROJECT REVIEW; GPA 09-004, POD 08-017
(CARRYOVER ITEM FROM 9/23/09, AGENDA NO. 14)
2. / NOTICED PUBLIC HEARING:
DEL DIOS HIGHLANDS PRESERVE – ACQUISITION OF 60 ACRES FOR OPEN SPACE (PASCOE TRUST) (Set Hearing 9/16/09; Hold Hearing 10/14/09)
3. / AN ORDINANCE AMENDING TITLE 6 OF THE SAN DIEGO COUNTY CODE RELATING TO VECTOR ABATEMENT AND CONTROL (10/14/09 – First Reading of Ordinance; 10/21/09 – Second Reading of Ordinance)
4. / NOTICED PUBLIC HEARING:
RESOLUTION OF INTENTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO AMEND THE MERGER PROVISIONS OF THE COUNTY SUBDIVISION ORDINANCE
5. / ADOPT A RESOLUTION DESIGNATING PROPOSITION 1B LOCAL STREETS AND ROADS FOR SPECIFIC COUNTY PROJECTS
6. / ESTABLISH APPROPRIATIONS AND DESIGNATE FOR PLANNING, REVIEW, DESIGN, AND CONSTRUCTION PHASES OF ROAD CONSTRUCTION PROJECTS CURRENTLY UNDERWAY
(4 VOTES)
7. / ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF VALLEY CENTER ROADSIDE RECREATIONAL HERITAGE TRAIL AND LANDSCAPED MEDIANS PROJECT IN VALLEY CENTER; APPROVAL OF RELATED AGREEMENTS
[FUNDING SOURCE(S): COMMUNITY PROJECTS ALLOCATION FROM DISTRICT 5]
(4 VOTES)
8. / LAWSON VALLEY ROAD BRIDGE REPLACEMENT PROJECT IN JAMUL: ADOPT MITIGATED NEGATIVE DECLARATION AND AUTHORIZE NEGOTIATIONS FOR ACQUISITION OF RIGHT OF WAY
[FUNDING SOURCE(S): FEDERAL HIGHWAY ADMINISTRATION AND GAS TAX]
9. / APPROPRIATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR CLEMMENS LANE PARK, MOUNTAIN EMPIRE CAMPO COMMUNITY CENTER PLAYGROUND AND LIVE OAK PARK PROJECTS
[FUNDING SOURCE(S): BASED ON COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS]
(4 VOTES)
10. / ESTABLISH APPROPRIATIONS FOR IMPROVEMENT OF TRAILS IN EL MONTE PARK AND OAK COUNTRY II/RAMONA GRASSLANDS PRESERVE AND APPROVE THE OAK COUNTRY II/RAMONA GRASSLANDS PRESERVE TRAIL PROJECT
[FUNDING SOURCE(S): EL MONTE PARK TRAIL - TRANSFERS FROM CAPITAL PROJECT 1011721, TRANS-COUNTY TRAIL AND CAPITAL PROJECT 1011720, TRANS-COUNTY TRAIL ACQUISITION, WHICH WERE FUNDED BY PROPOSITION 40 PER CAPITA GRANT FUNDS; OAK COUNTRY TRAIL II TRAILS PROJECT - TRANSFERS FROM CAPITAL PROJECT 1011720, TRANS-COUNTY TRAIL ACQUISITION AND CAPITAL PROJECT 1005266, SANTA MARIA CREEK RESTORATION/TRAIL DEVELOPMENT WHICH IS COMPRISED OF PROPOSITION 12 RIPARIAN AND RIVERINE HABITAT (RRH) PROGRAM GRANT FUNDS, SALE OF FIXED ASSETS (SOFA) FUNDS AND GENERAL FUNDS]
(4 VOTES)
11. / NOTICED PUBLIC HEARING:
HIGHWAY 67 SELF STORAGE REZONE AND MAJOR USE PERMIT; R08-001, P08-002; LAKESIDE COMMUNITY PLANNING AREA
12. / AUTHORIZATION TO ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR JESS MARTIN EXERCISE PATH AND PARK IMPROVEMENTS PROJECT
[FUNDING SOURCE(S): COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, GENERAL FUNDS, DISTRICT TWO COMMUNITY PROJECT FUNDS AND PALOMAR JULIAN PARK LANDS DEDICATION ORDINANCE (PLDO) FUNDS]
13. / CLOSED SESSION
(CARRYOVER FROM 10/13/09, AGENDA NO. 19)

10/14/09 19

1. / SUBJECT: / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCES: ORDINANCES AMENDING THE COUNTY BUILDING AND FIRE CODES AND RATIFYING THE 2009 CONSOLIDATED FIRE CODE AND GENERAL PLAN AMENDMENT TO THE PUBLIC FACILITY ELEMENT TO CLARIFY POLICES RELATED TO PROJECT REVIEW; GPA 09-004, POD 08-017 (DISTRICTS: ALL)
(CARRYOVER ITEM FROM 9/23/09, AGENDA NO. 14)
OVERVIEW:
On September 23, 2009 (14), the Board of Supervisors continued this item to October 14, 2009.
Prior to 2001, local fire districts would develop their own local fire regulations. Due to the fact that fire districts operate independently from each other with their own fire marshal/chief and elected board, these regulations often varied between districts. This was very frustrating for customers processing development permits. To simplify these codes and improve consistency in implementation, the Board of Supervisors adopted the first County Consolidated Fire Code on October 10, 2001(1).
County staff has worked with the 16 fire districts that serve the unincorporated area on various updates to the consolidated code and is recommending adoption of an ordinance ratifying the 2009 Consolidated Fire Code. Minor amendments are also being proposed to the County Fire Code at this time to make it consistent with the proposed consolidated code, and minor changes are also being proposed to the County Building and Fire Codes to address similar discrepancies. Lastly, certain policies within the Public Facility Element of the County General Plan are being modified to reflect long-standing implementation practices related to fire and Sheriff review of development projects.
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
The adoption and ratification of the 2009 Consolidated Fire Code will benefit the business community by improving customer service by reducing the number of local amendments to the State Fire Code and ensuring more consistent fire code enforcement throughout the unincorporated area.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Adopt Ordinance entitled:
AN ORDINANCE RATIFYING THE 2009 CONSOLIDATED FIRE CODE FOR THE 16 FIRE PROTECTION DISTRICTS IN SAN DIEGO COUNTY.
2.  Adopt Ordinance entitled:
AN ORDINANCE AMENDING THE COUNTY BUILDING AND FIRE CODES.
3.  Direct the Clerk of the Board to provide a certified copy of the 2009 Consolidated Fire Code and each of the ratified fire district ordinances which contain the associated findings made by each fire district, to the Department of Housing and Community Development pursuant to California Health and Safety Code Section 13869.7 (c).
ACTION:
ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took action as recommended, adopting Ordinance No. 10013 (N.S) entitled: AN ORDINANCE RATIFYING THE 2009 CONSOLIDATED FIRE CODE FOR THE 16 FIRE PROTECTION DISTRICTS IN SAN DIEGO COUNTY and Ordinance No. 10014 (N.S) entitled: AN ORDINANCE AMENDING TITLE 9 OF THE SAN DIEGO COUNTY CODE RELATING TO THE COUNTY BUILDING AND FIRE CODES.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / NOTICED PUBLIC HEARING:
DEL DIOS HIGHLANDS PRESERVE – ACQUISITION OF 60 ACRES FOR OPEN SPACE (PASCOE TRUST) (Set Hearing 9/16/09; Hold Hearing 10/14/09) (DISTRICT: 5)
OVERVIEW:
The County has identified a 60-acre property, in the unincorporated Escondido Creek area available for inclusion into the Del Dios Highlands County Preserve. The property is located between Del Dios Highway and Harmony Grove Road (Thomas Guide: Page 1149, D-7). The fair market value of the property is $1,680,000, as determined by an independent appraiser.
This action requires two steps. On September 16, 2009, it is requested that the Board set a hearing for October 14, 2009 and provide public notice of the hearing. If the Board takes the actions recommended for September 16, 2009, then on October 14, 2009, after making necessary environmental findings, the Board is requested to approve the purchase of the property, identified as Assessor Parcel Number 238-021-07 for $1,680,000 from the Phyllis J. Pascoe Trust. These actions are discretionary after consideration of public testimony.
FISCAL IMPACT:
Funds for this request are partially budgeted in the Fiscal Year 2009-10 Operational Plan for Capital Project 1000249 - Escondido Creek Acquisitions. Should the Board approve the purchase of the 60-acre Phyllis J. Pascoe Trust property for $1,680,000 on October 14, 2009, funding will be provided by existing funds in Capital Project 1000249 – Escondido Creek Acquisitions ($798,342), a transfer from Capital Project 1006234 – I-122 Loss Allotment District 3 Acquisitions ($341,550) and unanticipated revenue from the Auditor Miscellaneous Deposit Trust Fund ($540,108).
If approved, there will be a current year cost of $1,774,000, including $1,680,000 for the cost of the property acquisition, plus $5,800 for title and escrow fees, $28,200 for staff and administrative expenses to complete the transaction and $60,000 for one-time stewardship activities such as installation of erosion control, vegetation management, fencing, signage and two gates. The additional $94,000 for these activities will be funded by Capital Project 1000249 – Escondido Creek Acquisitions.
Ongoing Multiple Species Conservation Program (MSCP) stewardship, adaptive management and monitoring costs for this property are estimated at $9,000 per year. In addition, there will be an annual cost of $1,344 for Fixed Charge Assessments on the property, including fire protection, water standby and vector control charges. The Department of Parks and Recreation will seek funding in the Fiscal Year 2010-2011 Operational Plan budget process for the ongoing costs related to operation and maintenance of the land. 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:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Find, in accordance with Section 15325 of the California Environmental Quality Act (CEQA) Guidelines, that the purchase of APN 238-021-07 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 Purchase and Sale Agreement and Joint Escrow Instructions for the purchase of APN 238-021-07, identified as County Parcel No. 2009-0111-A1, from the Phyllis J. Pascoe Trust, for $1,680,000 and authorize the Director of General Services to execute two originals of the contract.
3.  Authorize the Director of General Services, or designee, to execute all escrow and related documents necessary to complete the purchase of APN 238-021-07.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board closed the hearing and took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / AN ORDINANCE AMENDING TITLE 6 OF THE SAN DIEGO COUNTY CODE RELATING TO VECTOR ABATEMENT AND CONTROL (10/14/09 – First Reading of Ordinance; 10/21/09 – Second Reading of Ordinance) (DISTRICTS: ALL)
OVERVIEW:
On May 23, 1989 (67 & 67A) pursuant to Government Code Section 25842.5 the Board of Supervisors assumed the powers of a mosquito abatement and vector control district for the unincorporated area of the county and each of the incorporated cities, with the consent of all the cities. Title 6, Division 4, Chapter 2 of the San Diego County Code authorizes that the Department of Environmental Health perform these functions. The proposed action is to amend that chapter to cleanup and clarify existing regulations and update County regulations to make them consistent with State law.
This requested action requires two steps, approval of the first reading of the Ordinance on October 14, 2009 and adoption of the Ordinance after the second reading on October 21, 2009.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended actions. Funds for the Vector Control Program are included in the Fiscal Year 2009-10 Operational Plan for the Department of Environmental Health. Operating costs of $8,698,133 are funded by the Vector Control Benefit Assessment.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Find in accordance with Section 15061(b)(3) of the State of California Environmental Quality Act Guidelines that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and is, therefore, not subject to the California Environmental Quality Act.
2.  On October 14, 2009:
Approve the introduction of the Ordinance (first reading), read title and waive further reading:
AN ORDINANCE AMENDING TITLE 6 OF THE SAN DIEGO COUNTY CODE RELATING TO VECTOR ABATEMENT AND CONTROL
If, on October 14, 2009, the Board takes action as recommended then, on October 21, 2009:
1.  Consider and adopt the Ordinance amending Title 6, Division 4, Chapter 2 (second reading).
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as recommended, on Consent, introducing Ordinance for further Board consideration and adoption on October 21, 2009.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. / SUBJECT: / NOTICED PUBLIC HEARING:
RESOLUTION OF INTENTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO AMEND THE MERGER PROVISIONS OF THE COUNTY SUBDIVISION ORDINANCE (DISTRICTS: ALL)
OVERVIEW:
County staff is preparing comprehensive updates and revisions to the County Subdivision Ordinance, including provisions for the merger of contiguous parcels. Before the Board may amend the merger provisions, State law requires that the Board adopt a resolution of intention to amend these provisions. The resolution provides notice that the County intends to modify its merger provisions to conform to the merger provisions of the Subdivision Map Act contained in Government Code Section 66451.11. The proposed amendments to the County ordinance are not part of the resolution but will be presented to the Board for adoption at a future date. Proposed changes to the merger provisions will clarify the conditions under which a merger of contiguous parcels may occur.
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15041(b)(3) for the reasons detailed in the Notice of Exemption dated August 20, 2009 on file with the Department of Planning and Land Use, POD 09-005.
2.  Adopt the resolution entitled Resolution of Intention of the Board of Supervisors of the County of San Diego to Amend the Merger Provisions of the County Subdivision Ordinance.
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. 09-198 entitled: RESOLUTION OF INTENTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO AMEND THE MERGER PROVISIONS OF THE COUNTY SUBDIVISION ORDINANCE.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn