STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, JUNE 15, 2011

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

REGULAR SESSION – Regular Meeting was called to order at 9:00 a.m.

Present: Supervisors Bill Horn, Chairman; Greg Cox; Dianne Jacob; Pam Slater-Price; also David C. Hall, Assistant Clerk of the Board.

Absent: Supervisor Ron Roberts

Approval of Statement of Proceedings/Minutes for the Meeting of May 25, 2011.

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 25, 2011.

AYES: Cox, Jacob, Slater-Price, Horn

ABSENT: Roberts

Public Communication: [No Speakers]

Board of Supervisors’ Agenda Items

1. / County of San Diego Tract NO. 5087-2: Approval of Final Map and JOINT Secured Agreement for PUBLIC AND Private Improvements Located in THE VALLEY CENTER COMMUNITY PLAN AREA
2. / ADOPT A RESOLUTION TO SUMMARILY VACATE AN OFFER OF DEDICATION OVER A PORTION OF SAINT STEFAN TERRACE IN THE SAN MARCOS AREA (VACATION NO. 2011-0078)
3. / ADOPT RESOLUTIONS TO APPLY FOR PROPOSITION 84 – STATEWIDE PARK PROGRAM GRANT FUNDING AND AUTHORIZATION TO ACCEPT GRANT FUNDS
4. / AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO REGISTRATION OF COMMERCIAL WEIGHING AND MEASURING INSTRUMENTS
5. / 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 AND ANNUAL REALIGNMENT REVENUE]
6. / APPROVE FISCAL YEAR 2011-2013 GRANT FROM THE STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY FOR THE TRANSITION FROM PAPER-BASED REPORTING TO ELECTRONIC REPORTING
[FUNDING SOURCE(S): GRANT FROM THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY]
7. / CLOSED SESSION (CARRYOVER FROM 6/14/11 AGENDA NO. 19)

1

6/15/11

1. / SUBJECT: / County of San Diego Tract NO. 5087-2: Approval of Final Map and JOINT Secured Agreement for PUBLIC AND Private Improvements Located in THE VALLEY CENTER COMMUNITY PLAN AREA (DISTRICT: 5)
OVERVIEW:
This project, Orchard Run Subdivision is the second unit of County of San Diego Tract No. 5087. The Board of Supervisors approved the Final Map and Agreement to Improve Subdivision, Lien Contract and Holding Agreement No. 1082-0279-00 for the first unit on August 2, 2006 (22). This project is a subdivision consisting of seventy residential lots, ten private open space lots, six private street lots, one recreational center lot, and one water reclamation facility lot, for a total of 64.54 acres. It is located in the unincorporated community of Valley Center, on the north side of Mirar De Valle Road west of Valley Center Road (2009 Thomas Guide, Page 1090-D4).
The project is being brought before the Board for approval of final map and joint secured agreement for public and private improvements.
FISCAL IMPACT:
N/A
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Approve this map.
2.  Reject, on behalf of the public, Mirar De Valle Road (SC 990.2) together with the right to extend and maintain drainage facilities, excavation and embankment slopes beyond the limits of said right of way, and together with the access rights from lots 64 through 67 and 145 in and to Mirar De Valle Road (SC 990.2), except at Access Opening No. 1, all as relinquished and waived on said map.
3.  Reject, on behalf of the County, the drainage easements and the easements for access to maintain drainage facilities as offered for dedication on said map.
4.  Reject, on behalf of the County, the easement for pedestrian and equestrian trail purposes together with the access easement to maintain the trail all as dedicated on said map.
5.  Accept, on behalf of the County, the easement for flowage of waters over, upon, and across the land delineated as “Flowage Easement” as dedicated on said map.
6.  Accept, on behalf of the County, a Noise Protection Easement as granted on said map.
7.  Vacate, on behalf of the County, pursuant to Section 66434(g) of the Subdivision Map Act, any portion of the easement to the County of San Diego for drainage channel per Document No. 2001-0757899, recorded October 19, 2001 of official records, and shown as vacated on said map.
8.  Approve and authorize Clerk of the Board to execute the Joint Agreement to Improve Major Subdivision, which includes street and drainage improvements and water and sewer facilities (Attachment B).
9.  Approve and authorize Clerk of the Board to execute the Joint Lien Contract (Attachment C) and Holding Agreement No. 1082-0305-00 (Attachment D).
10.  Upon approval of the above documents by the Board, and execution by the Clerk of the Board, the documents shall be forwarded to the County Recorder for recordation of the Lien Contract (Attachment C), Holding Agreement (Attachment D), and Grant Deed (Attachment E).
11.  Authorize the Chairperson to execute the Lien Contract Certification on Sheet 1 of the map, and authorize the Clerk of the Board to acknowledge this signature on Sheet 1 of the map.
ACTION:
ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent.
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
2. / SUBJECT: / ADOPT A RESOLUTION TO SUMMARILY VACATE AN OFFER OF DEDICATION OVER A PORTION OF SAINT STEFAN TERRACE IN THE SAN MARCOS AREA (VACATION NO. 2011-0078) (DISTRICT: 5)
OVERVIEW:
Mr. Aleksandar Pantich requested the County of San Diego vacate an offer of dedication for road purposes over a cul de sac on Saint Stefan Terrace in the unincorporated area near San Marcos. He is the subdivider of Map 13520 and the Pantich Trust owns two parcels encumbered by the proposed vacation. The vacation is located northeasterly of Montiel Road and northwesterly of Saint Paul Court (2010 Thomas Guide Page 1129, E1). The dedicated cul de sac was never built and is no longer necessary since the subdivision map created additional private roads. Today’s request is to adopt a resolution to summarily vacate the offer of dedication over a portion of Saint Stefan Terrace that is no longer required for public use.
FISCAL IMPACT:
The applicant has paid the cost to process the requested vacation. The estimated cost is $2,500, which the applicant has placed on deposit with the County.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
1.  Find that the proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2) and 15060(c)(3).
2.  Adopt a resolution entitled “Resolution of the Board of Supervisors to Summarily Vacate an Offer of Dedication over a Portion of Saint Stefan Terrace (Vacation No. 2011-0078)”.
3.  Direct the Clerk of the Board to record the Resolution for Vacation No. 2011-0078 pursuant to Streets and Highway Code Section 8336.
ACTION:
ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting Resolution No. 11-063, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS TO SUMMARILY VACATE AN OFFER OF DEDICATION OVER A PORTION OF SAINT STEFAN TERRACE (VACATION NO. 2011-0078).
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
3. / SUBJECT: / ADOPT RESOLUTIONS TO APPLY FOR PROPOSITION 84 – STATEWIDE PARK PROGRAM GRANT FUNDING AND AUTHORIZATION TO ACCEPT GRANT FUNDS (DISTRICTS: 1, 2 & 4)
OVERVIEW:
On November 7, 2006, California voters passed the $5.4 billion Proposition 84 – Clean Water, Parks and Coastal Protection Bond Act. The passage of Proposition 84 resulted in the availability of $368 million in statewide competitive grant awards under the Statewide Park Program.
The State allows agencies to submit applications for grant funding for qualifying projects. Applications for the second round of the Statewide Park Program are due July 1, 2011. In order to receive funding for qualified park projects, the State must receive resolutions from the Board of Supervisors authorizing the Departments of Parks and Recreation and General Services to submit grant applications and accept grant funding for individual projects.
This request is to adopt resolutions authorizing the Departments of Parks and Recreation and General Services to apply for grant funds under the Proposition 84 – Statewide Park Program for three proposed projects, Tijuana River Valley Community Park (Thomas Guide page 1350, B-3 & C-3), La Presa Middle School Athletic Fields and Community Park (Thomas Guide page 1291, B-3) and County Administration Center Waterfront Park (Thomas Guide page 1288, J-2). This request will also authorize the Departments of Parks and Recreation and General Services to accept grant funds if awarded by the State. If grant funding is awarded for the Tijuana River Valley Community Park and La Presa Middle School Athletic Fields and Community Park, staff will return to the Board at a future date to submit projects and environmental findings for approval, appropriate grant funds, and obtain authorization to advertise and award construction contracts for individual approved projects. The Board of Supervisors previously has approved advertisement and award of a construction contract for the Waterfront Park project and associated environmental findings.
FISCAL IMPACT:
The requested action will result in authorizing the submission of applications for Proposition 84 – Statewide Park Program grant funding totaling $12,326,400 for the Tijuana River Valley Community Park ($3,900,000), the La Presa Middle School Athletic Fields, Community Park ($3,426,400) and the County Administration Waterfront Project ($5,000,000). Additionally, the requested action will also authorize the acceptance of Proposition 84 Statewide Park Program grant funds if awarded by the State. If grants are awarded, staff will return to the Board as needed to submit projects and environmental findings for approval, appropriate grant funds and obtain authorization for advertisement and award of construction contracts for each approved project. Annual operations and maintenance for the La Presa Middle School Athletic Fields and Community Park is provided by the La Mesa – Spring Valley School District.
BUSINESS IMPACT STATEMENT:
N/A
RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER
4.  Find that the Final Environmental Impact Report (FEIR) on file in the Department of General Services for the San Diego County Administration Center Waterfront Park Development and Master Plan Project, dated April 25, 2003, State Clearinghouse #2002081089, and the addenda dated January 19, 2011 and May 12, 2011, were completed in compliance with CEQA and State and County CEQA Guidelines, that the decision-making body has reviewed and considered the information contained on file with the Department of General Services before approving the project, and;
5.  Find that there are no substantial changes in the project or in the circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously certified FEIR, dated April 25, 2003 and the previously adopted addenda dated January 19, 2011 and May 12, 2011, that there is no substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since the FEIR was certified.
6.  Adopt the resolution entitled, Resolution of the Board of Supervisors of San Diego County Approving the Application for Statewide Park Program Grant Funds for the Tijuana River Valley Community Park. (Attachment D)
7.  Adopt the resolution entitled, Resolution of the Board of Supervisors of San Diego County Approving the Application for Statewide Park Program Grant Funds for the La Presa Middle School Athletic Fields and Community Park. (Attachment E)
8.  Adopt the resolution entitled, Resolution of the Board of Supervisors of San Diego County Approving the Application for Statewide Park Program Grant Funds for the San Diego County Administration Center Waterfront Park Development and Master Plan Project. (Attachment F)
9.  Authorize the Directors of the Department of Parks and Recreation and the Department of General Services, or designees, to execute and submit all documents that may be necessary for the County to apply for and accept grant awards under the Statewide Park Program.
ACTION:
ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended, on Consent, adopting:
Resolution No. 11-064, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY APPROVING THE APPLICATION FOR STATEWIDE PARK PROGRAM GRANT FUNDS FOR THE TIJUANA RIVER VALLEY COMMUNITY PARK;
Resolution No. 11-065, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY APPROVING THE APPLICATION FOR STATEWIDE PARK PROGRAM GRANT FUNDS FOR THE LA PRESA MIDDLE SCHOOL ATHLETIC FIELDS AND COMMUNITY PARK; and
Resolution No. 11-066, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY APPROVING THE APPLICATION FOR STATEWIDE PARK PROGRAM GRANT FUNDS FOR THE COUNTY ADMINISTRATION CENTER WATERFRONT PARK.
AYES: Cox, Jacob, Slater-Price, Horn
ABSENT: Roberts
4. / SUBJECT: / AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES RELATING TO REGISTRATION OF COMMERCIAL WEIGHING AND MEASURING INSTRUMENTS (DISTRICTS: ALL)
OVERVIEW:
The Department of Agriculture, Weights and Measures (AWM) ensures that San Diego County consumers benefit from a fair marketplace by verifying that products are sold by accurate prices, weights, and measures. State law allows counties to recover the cost of these activities through an annual registration fee for Point of Sale (POS) systems, such as retail price bar code scanners, as well as instruments such as scales, pumps and meters that are used in the sale of products and commodities.
This is a request to convert the current annual registration process for commercial weighing and measuring instruments to a staggered monthly process. Under the current annual process, all registrations expire on December 31st, creating a spike in workload.
Through the proposed revisions to County Code Sections 21.1701, 21.1703, 21.1704, and 21.1705 this request will allow AWM to evenly distribute the workload and eliminate the current need for temporary staff at year end. The staggered process will also match the current process for other instruments that must register with the department. The ordinance changes will also clarify that business owners/operators are responsible for registering instruments before they are used and make other clarifications and corrections.
This requested action requires two steps, introduction (first reading) of the Ordinance on June 15, 2011 and a second reading on June 29, 2011 to adopt the ordinances.