STATEMENT OF PROCEEDINGS
COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
REGULAR MEETING - PLANNING AND LAND USE MATTERS
WEDNESDAY, MAY 13, 2009
Board Of Supervisors North Chamber
1600 Pacific Highway, Room 310, San Diego, California
MORNING SESSION: Meeting was called to order at 9:10 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 Meeting May 6, 2009.
ACTION:
ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meeting of May 6, 2009.
AYES: Cox, Jacob, Slater-Price
ABSENT: Roberts, Horn
Board of Supervisors’ Agenda Items
1. / NOTICED PUBLIC HEARING:LAGO DE SAN MARCOS ZONE RECLASSIFICATION; R07-009 NORTH COUNTY METROPOLITAN SUBREGIONAL PLANNING AREA
2. / NOTICED PUBLIC HEARING:
DISSOLUTION PROCEEDINGS – PERMANENT ROAD DIVISION ZONE NO. 1004 – BUTTERFLY LANE IN THE LA MESA AREA (5/13/09 – FIRST READING ORDINANCE; 6/17/09 – ADOPT ORDINANCE AND DISSOLUTION RESOLUTION)
3. / AUTHORIZATION TO ACCEPT $7 MILLION IN FEDERAL GRANTS FOR HAZARDOUS FUELS REDUCTION ACTIVITIES
[FUNDING SOURCE(S): FEDERAL GRANTS ADMINISTERED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES FOREST SERVICE]
4. / PROGRESS REPORT ON THE GENERAL PLAN UPDATE
5. / REQUEST FOR AUTHORIZATION TO SUBMIT THE COUNTY’S REVISED LIST OF LOCAL STREETS AND ROADS PROJECTS USING FUNDING FROM PROPOSITION 1B
6. / APPROVE REVENUE AGREEMENT WITH THE STATE OF CALIFORNIA FOR ENFORCEMENT OF THE STATE RADIATION CONTROL LAW
[FUNDING SOURCE(S): REVENUE AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, RADIOLOGICAL HEALTH BRANCH WITH A MAXIMUM REIMBURSEMENT PER THE AGREEMENT EACH FISCAL YEAR AND REALIGNMENT REVENUE EACH FISCAL YEAR]
7. / POTRERO PARK/MASON WILDLIFE PRESERVE – ACQUISITON OF 187 ACRES FOR OPEN SPACE (MCCUNNEY AND BROWN) (SET HEARING 5/13/09; HOLD HEARING 6/17/09)
8. / ACCEPT PROPOSITION 1B GRANTS AND ADVERTISE AND AWARD A CONTRACT TO CONSTRUCT TRAFFIC LIGHT SYNCHRONIZATION ALONG BRIARWOOD IN BONITA AND SOUTH MISSION ROAD IN FALLBROOK
(4 VOTES)
9. / ESTABLISHMENT OF APPROPRIATIONS AND APPROVAL OF AN AMENDMENT TO THE JOINT POWERS AGREEMENT WITH THE VALLEY CENTER PARKS AND RECREATION DISTRICT FOR RECREATIONAL FACILITY IMPROVEMENTS
[FUNDING SOURCE(S): FUND BALANCE AVAILABLE IN THE VALLEY CENTER PARK LAND DEDICATION ORDINANCE FUND]
(4 VOTES)
10. / CHANGES IN APPROPRIATIONS FOR PERMANENT ROAD DIVISION ZONE NO. 1016 – El SERENO WAY AND PERMANENT ROAD DIVISION ZONE NO. 1015 – LANDAVO
[FUNDING SOURCE(S): PERMANENT ROAD DIVISION INTERNAL SERVICE FUND LOANS WITH A TERM OF THREE YEARS FOR PERMANENT ROAD DIVISION ZONE NO. 1016 AND A TERM OF SEVEN YEARS FOR PERMANENT ROAD DIVISION ZONE NO. 1015]
(4 VOTES)
11. / SAN MARCOS II LANDFILL CLOSURE, REVEGETATION AND IRRIGATION CONTRACT CHANGE ORDER TO EXTEND PLANT MAINTENANCE PERIOD
12. / ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF OLIVE VISTA DRIVE AND JEFFERSON ROAD IMPROVEMENT PROJECT IN JAMUL-DULZURA
[FUNDING SOURCE(S): TRANSNET , TRANSPORTATION DEVELOPMENT ACT, TRANSNET BICYCLES , SAN DIEGO GAS & ELECTRIC, AT&T AND COX CABLE]
(4 VOTES)
13. / TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
14. / ADMINISTRATIVE ITEM:
EXTENSION OF TIME TO COMPLETE Improvements for County of San Diego Tract NOS. 4613-4 (FINAL MAP 14945), 4613-5 (FINAL MAP 14946), AND 4613-6 (FINAL MAP 14947), LOCATED in BORREGO SPRINGS COMMUNITY SPONSOR GROUP AREA
15. / ADMINISTRATIVE ITEM:
SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: APPROVE ORDINANCES AMENDING COUNTY ORDINANCE NOS. 9678 AND 9679 REGARDING WATER SERVICE CHARGES IN CAMPO WATER AND SEWER MAINTENANCE DISTRICT (5/6/09 – INTRODUCE ORDINANCES; 5/13/09 – ADOPT ORDINANCES)
16. / AN ORDINANCE AMENDING SECTION 51.306 OF THE SAN DIEGO COUNTY CODE RELATING STREET SETBACK LINE REQUIREMENTS
(4 VOTES)
17. / CLOSED SESSION
(CARRYOVER ITEM FROM 5/12/09, AGENDA NO. 27)
18. / PUBLIC COMMUNICATION
5/13/09 6
1. / SUBJECT: / NOTICED PUBLIC HEARING:LAGO DE SAN MARCOS ZONE RECLASSIFICATION; R07-009 NORTH COUNTY METROPOLITAN SUBREGIONAL PLANNING AREA (DISTRICT: 5)
OVERVIEW:
On March 13, 2009 the Planning Commission approved a Tentative Map TM5388RPL3 for the Lago de San Marcos Condominiums, pending the Board of Supervisors’ adoption of a Zone Reclassification for the property. The project applicant now seeks the Board’s approval for a Zone Reclassification that would increase the number of stories from two to three without increasing the maximum height of structures, which will remain at 35 feet. No other zoning changes are proposed.
Lago de San Marcos Condominiums proposes 42 units in eight buildings on a 1.97-acre lot in the North County Metropolitan Subregional Plan Area. The project site is located at the southeast corner of Rancho Santa Fe Road and Lake San Marcos Drive (Thomas Guide Page 1128/C2). Although the site is zoned for commercial use, the C-31 zone allows multi-family residential development. The increase from two to three stories is required to achieve the proposed residential density of 21.3 dwelling units per acre, which is less than the maximum density permitted by the zone.
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
PLANNING COMMISSION
Adopt the attached Form of Ordinance (Attachment B):
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE NORTH COUNTY METROPOLITAN SUBREGIONAL PLAN AREA, REF: R07-009
DEPARTMENT OF PLANNING AND LAND USE
The Department concurs with the Planning Commission recommendation.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board closed the Hearing and took action as recommended, adopting Ordinance No. 9983(N.S.), entitled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE NORTH COUNTY METROPOLITAN SUBREGIONAL PLAN AREA, REF: R07-009.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
2. / SUBJECT: / NOTICED PUBLIC HEARING:
DISSOLUTION PROCEEDINGS – PERMANENT ROAD DIVISION ZONE NO. 1004 – BUTTERFLY LANE IN THE LA MESA AREA (5/13/09 – FIRST READING ORDINANCE; 6/17/09 – ADOPT ORDINANCE AND DISSOLUTION RESOLUTION) (DISTRICT: 2)
OVERVIEW:
On April 27, 1999 (12), the Board authorized the formation of Permanent Road Division Zone No. 1004 – Butterfly Lane in the La Mesa area of the County of San Diego (Thomas Guide page 1271, E-2). The Zone was formed for the purpose of improving and paving Butterfly Lane. Major road work has been completed and the Zone has retired the loan debt.
On March 18, 2009, the Department of Public Works received a petition from the Zone Chairperson requesting dissolution of Permanent Road Division Zone No. 1004 – Butterfly Lane. This petition was signed by 78 percent of property owners within the Zone boundary. The property owners requested that the remaining funds be used for a slurry seal on the road. Funds for this purpose have been encumbered and the work was completed in April 2009.
This action requires two steps. On March 13, 2009, the Board will consider dissolving Permanent Road Division No. 1004 by introducing an Ordinance to repeal Ordinance No. 9128 that provides a procedure for fixing and collecting assessment charges on the tax roll for services. If the Board takes the action on May 13, 2009 in recommendations 1 and 2, then on June 17, 2009, the Board may adopt the Ordinance to repeal Ordinance No. 9128 and a Resolution ordering the dissolution of Permanent Road Division Zone No. 1004 – Butterfly Lane. These actions are listed as Recommendations 3 and 4.
FISCAL IMPACT:
If approved, no annual costs or additional staff years will be required. Once dissolution is complete, staff will issue refunds to property owners if funding is sufficient for processing. If funding is insufficient to process a refund, in accordance with State Permanent Road Division Law, the General Fund will be the recipient of any base revenue and annual tax increment factor of Permanent Road Division Zone No. 1004 – Butterfly Lane. Upon dissolution, Butterfly Lane will become the responsibility of the property owners who share road ownership. Thereafter the County will have no responsibility for road maintenance.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
On May 13, 2009:
1. Find that the proposed actions are exempt from the California Environmental Quality Act (CEQA) as specified under Section 15061(b)(3) of the State CEQA Guidelines.
2. Approve the introduction of the Ordinance (first reading), read title and waive further reading of Ordinance.
AN ORDINANCE TO REPEAL ORDINANCE NO. 9128 (NEW SERIES) PROVIDING A PROCEDURE FOR FIXING AND COLLECTING CHARGES ON THE TAX ROLL FOR SERVICES AND CONTINUING IN EFFECT THE PREVIOUSLY APPROVED MAXIMUM CHARGE WITHIN SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1004 – BUTTERFLY LANE.
If on May 13, 2009, the Board takes the action recommended in Items 1-2, then, on June 17, 2009:
3. Adopt Ordinance to repeal Ordinance No. 9128.
4. Adopt a Resolution entitled Resolution of the Board of Supervisors Ordering Dissolution of San Diego Countywide Permanent Road Division No. 1000, Zone No. 1004 – Butterfly Lane without an Election.
ACTION:
ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board the Board closed the Hearing and took action as recommended, on Consent, introducing Ordinance for further Board consideration and adoption on June 17, 2009.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
3. / SUBJECT: / AUTHORIZATION TO ACCEPT $7 MILLION IN FEDERAL GRANTS FOR HAZARDOUS FUELS REDUCTION ACTIVITIES (DISTRICTS: 1, 2, & 5)
OVERVIEW:
The County has a deep commitment to safeguarding lives and property from wildfires. On June 16, 2004 (4), the Board established the Fire Safety and Fuels Reduction Program to resourcefully and effectively implement a comprehensive program to complete over $47 million in fuels reduction activities. The program has been extremely successful, however, fuel loads in areas of the unincorporated county still pose a threat to citizens and property, necessitating continuing actions to remove dead, dying and diseased trees and thin hazardous brush.
This is a request to authorize the Director, Department of Planning and Land Use to accept federal grant funds as they become available, currently estimated at up to $7 million, for the Fire Safety and Fuels Reduction Program efforts, and to approve actions to secure contract services to begin the work on both public and private lands in the unincorporated area of the county. This grant requires a 10% match, which will bring the total amount available for fuel reduction to $7.78 million. Matching in-kind vegetation work will be provided by an existing agreement with San Diego Gas and Electric, at no additional cost to the County.
FISCAL IMPACT:
Funds for this request are not included in the FY 2008-2010 Operational Plan. This action may result in grant revenue of up to $7 million which will be used over multiple years for hazardous fuels reduction activities in the unincorporated area of San Diego County to help prevent future damage to lives and property from wildfires. The funding source is federal grants administered by the United States Department of Agriculture, United States Forest Service. The work will be accomplished through tree and brush removal contracts, as well as consultant contracts for the identification of hazardous vegetation, environmental surveys, inspection activities and administrative tasks. These contracts will be administered by existing staff. A match of 10% is required (up to $780,000) and will be provided at no additional cost to the County through in-kind vegetation work performed by San Diego Gas and Electric. If approved, funds for this request will be included in the FY 2009-2011 CAO Proposed Operational Plan Change Letter. This request will not require any additional staff years.
BUSINESS IMPACT STATEMENT:
The County is committed to reducing fire hazards and supporting economic viability for utilization of the resulting woody biomass. The County will seek beneficial uses for all resulting biomass. Practical uses of biomass, such as onsite ground cover and transporting to chipping and composting companies, benefit both the environment and supports local biomass processors.
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15269(c) of the State CEQA Guidelines, for the reasons detailed in the Notice of Exemption Form dated April 30, 2009 on file with the Department of Planning and Land Use.
2. Authorize the Director, Department of Planning and Land Use to accept up to $7 million in grant funds from the United States Department of Agriculture, Forest Service as necessary to carry out hazardous fuels reduction activities through Fiscal Year 2012-2013.
5.
3. Authorize the Director, Department of Planning and Land Use to conduct all negotiations and execute and submit all documents that may be necessary for implementation of the grants including any amendments that do not materially impact or alter the grant program.
4. In accordance with Article XXIII, Section 401, et seq. of the County Administrative Code, authorize the Director, Department of Purchasing and Contracting, to issue Competitive Solicitations and award contracts, and to amend the contracts as needed to reflect changes to services and funding, for project management services and tree and brush removal services.
ACTION:
Revising the Notice of Exemption’s Project Location language to read:
“The project covers the unincorporated portions of the County of San Diego as referenced in Attachment D hereto.”;
ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended.
AYES: Cox, Jacob, Slater-Price, Roberts, Horn
4. / SUBJECT: / PROGRESS REPORT ON THE GENERAL PLAN UPDATE (DISTRICTS: ALL)
OVERVIEW:
This report provides a summary of the progress that has been made by the Department of Planning and Land Use on the General Plan Update during the past year. Additionally, it presents major issues associated with the project that have been raised by stakeholders and provides an opportunity for the public and Board of Supervisors to provide comments on the project as it progresses.
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
Receive this report.
ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board received the report and directed that the Chief Administrative Officer to take the following actions:
1. Continue to allow Plan Amendment Authorizations (PAA) to be processed pursuant to Board Policy I-63 pending the completion of the General Plan Update; and
2. Return to the Board with an amendment to the General Plan 2020 Statements of Legislative Intent such that the last sentence under “Legislative Intent” in the section entitled “Decoupling” reads as follows: