COUNTY OF SAN DIEGO BOARD OF SUPERVISORS by uploaddoc

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									                         STATEMENT OF PROCEEDINGS
               COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
            REGULAR MEETING - PLANNING AND LAND USE MATTERS
                      WEDNESDAY, JUNE 20, 2007, 9:00 AM
                         Board of Supervisors North Chamber
                1600 Pacific Highway, Room 310, San Diego, California


   MORNING SESSION: Meeting was called to order at 9:01 a.m.

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



                          Board of Supervisors’ Agenda Items

 1.       NOTICED PUBLIC HEARING:
          PALA MESA HIGHLANDS; SPECIFIC PLAN AMENDMENT (SPA 99-005), ZONE
          RECLASSIFICATION (R99-020), TENTATIVE MAP (TM 5187RPL11), MAJOR USE
          PERMIT (P04-024), FALLBROOK COMMUNITY PLANNING AREA

 2.       NOTICED PUBLIC HEARING:
          FORMATION OF UNDERGROUND UTILITY DISTRICTS FOR SWEETWATER
          ROAD PHASE 1 AND PHASE 2 PROJECTS IN THE COMMUNITY OF BONITA

 3.       ADVERTISE AND AWARD CONTRACT TO INSTALL TRAFFIC SIGNAL AT
          INTERSECTION OF BRIARWOOD ROAD AND SWEETWATER ROAD IN BONITA
          (4 VOTES)

 4.       PROHIBIT LONG-TERM RECREATIONAL VEHICLE PARKING ALONG THE
          NORTH SIDE OF SAN MIGUEL ROAD, FROM BONITA RANCH COURT
          EASTWARD 1,300 FEET, IN BONITA

 5.       2006 MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN
          ANNUAL HABITAT TRACKING REPORT

 6.       GILLESPIE FIELD – GILLESPIE FIELD PARTNERS, INC. – NEW AVIATION
          LEASE
          (4 VOTES)

 7.       GILLESPIE FIELD – UNITED STATES BORDER PATROL – NEW LEASE
          (4 VOTES)




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 8.       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 HEALTH SERVICES RADIOLOGICAL HEALTH BRANCH AND
          REALIGNMENT REVENUE]

 9.       EIGHTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
          BETWEEN COUNTY OF SAN DIEGO AND RAMONA MUNICIPAL WATER
          DISTRICT FOR RECREATIONAL FACILITY IMPROVEMENTS AT RAMONA
          WELLFIELD COMMUNITY PARK
          [FUNDING SOURCE(S): RAMONA PARK LAND DEDICATION ORDINANCE
          (PLDO) FUNDS]
          (4 VOTES)

 10.      TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

 11.      CANCELLATION OF SURPLUS REAL PROPERTY SALE TO THE SAN DIEGO
          RURAL FIRE PROTECTION DISTRICT - HARBISON CANYON ROAD, HARBISON
          CANYON AREA

 12.      CLOSED SESSION
          (CARRYOVER ITEM FROM 6/19/07, AGENDA NO. 20)

 13.      PUBLIC COMMUNICATION




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1.        SUBJECT:           NOTICED PUBLIC HEARING:
                             PALA MESA HIGHLANDS; SPECIFIC PLAN AMENDMENT
                             (SPA 99-005), ZONE RECLASSIFICATION (R99-020),
                             TENTATIVE MAP (TM 5187RPL11), MAJOR USE PERMIT
                             (P04-024), FALLBROOK COMMUNITY PLANNING AREA
                             (DISTRICT: 5)

          OVERVIEW:
          The project is a Planned Residential Development on 85.6 acres within areas C, D, and E of
          the Pala Mesa Private Development Plan to create 124 single-family residential units,
          recreational facilities, and open space. The project area has the (21) Specific Plan Area Land
          Use Designation with an overall density of 2.75 dwelling units per acre. A Specific Plan
          Amendment, SPA 99-005, would combine Areas C, D, and E, establish a density of 1.5
          dwelling units per acre, and remove the existing limitation on the number of bedrooms for
          Areas C and E. A concurrent Rezone, R99-020, is proposed to update the provisional
          variable residential zoning with no minimum lot size to the S88 Specific Plan Use
          Regulations with a net density of 1.7 dwelling units per acre and minimum lot size of 5,500
          square feet. The “B” and “P” Special Area Regulations would remain to ensure compliance
          with the I-15 Corridor and Fallbrook Design Guidelines and the requirement for a Planned
          Residential Development. Tentative Map TM 5187RPL11 is conditioned to require a
          Replacement Map to incorporate six of the residential lots into the main recreational area
          resulting in 124 residential lots with a minimum lot size of 5,500 square feet.

          The development footprint is 48.1 acres. Natural open space is proposed over 36.5 acres to
          preserve sensitive habitat lands. A 2.4-acre main recreation area contains a swimming pool,
          clubhouse, playground, open turf area, putting green, tennis court, and parking. A 0.4-acre
          pocket park contains a BBQ, picnic area, and open turf play area with benches. A 0.07-acre
          passive recreation area would provide a pedestrian linkage to the private trail that borders the
          natural open space for the development to the south. A public trail is proposed along Old
          Highway 395. Major Use Permit P04-024 would implement the Planned Residential
          Development requirements and would maintain the private recreational facilities, fuel
          management areas, and noise walls. The project includes improvements to the intersection
          of Old Highway 395 and SR 76, as well as along the project frontage on Pala Mesa Drive
          and Old Highway 395. (Thomas Guide Page 1048/H1)

          FISCAL IMPACT:
          N/A




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          RECOMMENDATION:
          PLANNING COMMISSION
          1. Adopt the attached Resolution (Attachment B) approving the amendment (SPA 99-005)
             to the Pala Mesa Private Development Plan (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. Adopt the attached Form of Ordinance (Attachment C).

             “AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF
              CERTAIN PROPERTY R99-020”

          3. Adopt the Resolution approving TM 5187RPL11 (Attachment D) 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 Subdivision Ordinance
             and State law.

          4. Grant Major Use Permit P04-024 (Attachment E) 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.

          ACTION:
          Noting for the record that errata sheets have been received as part of the record; ON
          MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board closed the Hearing
          and took action as recommended, adopting Resolution No. 07-130 entitled: RESOLUTION
          OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING SPECIFIC
          PLAN AMENDMENT SPA 99-005 PALA MESA HIGHLANDSBOARD OF
          SUPERVISORS; adopting Ordinance No. 9873 (N.S.) entitled: AN ORDINANCE
          CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY (R99-020);
          and adopting Resolution No. 07-131 entitled: RESOLUTION OF SAN DIEGO COUNTY
          BOARD OF SUPERVISORS APPROVING CONDITIONS FOR TENTATIVE MAP NO.
          5187RPL11 .

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


2.        SUBJECT:         NOTICED PUBLIC HEARING:
                           FORMATION OF UNDERGROUND UTILITY DISTRICTS FOR
                           SWEETWATER ROAD PHASE 1 AND PHASE 2 PROJECTS IN
                           THE COMMUNITY OF BONITA (DISTRICT: 1)

          OVERVIEW:
          On May 23, 2007 (4), a hearing was set for June 20, 2007 to consider forming Underground
          Utility Districts for Sweetwater Road Phase 1 and 2. The purpose of the Underground


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          Utility District program is to improve the appearance of communities by undergrounding
          overhead utilities in areas of benefit to the general public. Board Policy J-17,
          Undergrounding of Existing Overhead Utility Facilities, establishes a policy and procedure
          for district formation and program administration.

          This is a request to adopt ordinances to form two new districts, Sweetwater Road Phase 1
          (Thomas Guide page 1310, F-3) and Sweetwater Road Phase 2 (Thomas Guide page 1310,
          H-1) in the community of Bonita. That action is discretionary after consideration of public
          testimony.

          FISCAL IMPACT:
          Utility companies underground their overhead lines at their own expense. Funds for
          formation and administration of these districts are budgeted in Department of Public Works
          General Fund, $2,000 current year cost, and $1,000 subsequent year cost. No additional staff
          years will be required.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          Adopting the following ordinances:

             AN ORDINANCE ADDING SECTION 89.307 TO THE SAN DIEGO COUNTY CODE
             OF REGULATORY ORDINANCES TO FORM AN UNDERGROUND UTILITY
             DISTRICT FOR SWEETWATER ROAD PHASE 1, UNDERGROUND UTILITY
             DISTRICT NO. 106

             AN ORDINANCE ADDING SECTION 89.308 TO THE SAN DIEGO COUNTY CODE
             OF REGULATORY ORDINANCES TO FORM AN UNDERGROUND UTILITY
             DISTRICT FOR SWEETWATER ROAD PHASE 2, UNDERGROUND UTILITY
             DISTRICT NO. 107

          ACTION:
          ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board closed the
          Hearing and took action as recommended, on Consent, adopting Ordinance No. 9874
          (N.S.), entitled: AN ORDINANCE ADDING SECTION 89.307 TO THE SAN DIEGO
          COUNTY CODE OF REGULATORY ORDINANCES TO FORM AN UNDERGROUND
          UTILITY DISTRICT FOR SWEETWATER ROAD PHASE 1 UNDERGROUND UTILITY
          DISTRICT NO. 106; and Ordinance No. 9875 (N.S.), entitled: AN ORDINANCE
          ADDING SECTION 89.308 TO THE SAN DIEGO COUNTY CODE OF REGULATORY
          ORDINANCES TO FORM AN UNDERGROUND UTILITY DISTRICT FOR
          SWEETWATER ROAD PHASE 2 UNDERGROUND UTILITY DISTRICT NO. 107.

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




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3.        SUBJECT:          ADVERTISE AND AWARD CONTRACT TO INSTALL
                            TRAFFIC SIGNAL AT INTERSECTION OF BRIARWOOD
                            ROAD AND SWEETWATER ROAD IN BONITA (DISTRICT: 1)

          OVERVIEW:
          On July 11, 1995 (33), the Board approved placement of Briarwood Road at Sweetwater
          Road traffic signal in Bonita (Thomas Guide page 1310, H-1) on the County’s Traffic Signal
          Priority List. Construction of the signal has been on hold since then, due to Sweetwater
          Community Planning Group concerns about whether there was a need for a traffic signal.

          Caltrans is in the process of constructing State Route 125, a toll road near the Briarwood
          Road/Sweetwater Road intersection. The highway project permanently severed access from
          Sweetwater/Worthington Road to State Route 54, and redistributed significant traffic volume
          onto Briarwood Road. This has made turning movements more difficult at the Briarwood
          Road/Sweetwater Road intersection, impeded traffic flow and caused increased delays.
          County traffic engineers have concluded that installation of the signal will enhance traffic
          circulation, reduce impacts associated with the permanently altered traffic patterns and
          improve access to State Routes 54 and 125.

          The Sweetwater Community Planning Group considered installation of the traffic signal at
          their June 5, 2007 meeting and voted to table action on the signal until State Route 125
          opens.

          In order to help mitigate State Route 125 impacts, Caltrans will contribute $125,000 for
          construction of the proposed traffic signal. The remaining $175,000 necessary for the
          $300,000 traffic signal project is available from Road Fund fund balance.

          This is a request to establish necessary appropriations, approve execution of the Caltrans
          funding agreement, and approve advertisement and subsequent award, to the lowest
          responsive and responsible bidder, of a contract to construct a traffic signal at Briarwood
          Road/Sweetwater Road intersection. Upon Board approval, Department of Purchasing and
          Contracting will advertise and subsequently award a contract for construction. Project
          construction is scheduled to begin in Summer 2007 and be completed in Winter 2007.

          FISCAL IMPACT:
          Funds for this request are not budgeted in the Department of Public Works Fiscal Year 2007-
          08 Detailed Work Program. Proposed funding for this request is $175,000 from Road Fund
          fund balance and $125,000 from Caltrans. The total construction cost for the traffic signal at
          Briarwood Road/Sweetwater Road is $300,000. If approved, this request will result in a
          $300,000 Fiscal Year 2007-08 cost, no annual cost, and will require no additional staff years.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the proposed project is not subject to California Environmental Quality Act
             (CEQA) as specified under Section 15301 of the State CEQA Guidelines.



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          2.   Establish appropriations of $300,000 in the Department of Public Works Fiscal Year
               2007-08 Detailed Work Program for the Briarwood Road/Sweetwater Road Traffic
               Signal Project based on unanticipated revenue from Caltrans ($125,000) and fund
               balance available in the Road Fund ($175,000). (4 VOTES)

          3.   Approve and authorize the Director, Department of Public Works to execute, upon
               receipt, Funding Agreement between the County of San Diego and Caltrans.

          4.   Authorize the Director, Department of Purchasing and Contracting, to take any actions
               authorized by Section 401, et seq., of the San Diego County Administrative Code with
               respect to contracting for subject public work projects.

          5.   Designate the Director, Department of Public Works as County Officer responsible for
               administering the construction contract, in accordance with Board Policy F-41, Public
               Works Construction Contracts.

          ACTION:
          ON MOTION of Supervisors Cox, seconded by Supervisor Roberts, the Board took action as
          recommended; and further directed the Chief Administrative Officer to:
              Refer the Bonita Woods Drive and Briarwoods intersections issue to the Traffic
               Advisory Committee for further evaluation and recommendations; and

              Address changes in grade at intersections to ensure that it is efficient and those
               traffic lights are synchronized with Bonita Central and Sweetwater Central.

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

4.        SUBJECT:           PROHIBIT LONG-TERM RECREATIONAL VEHICLE
                             PARKING ALONG THE NORTH SIDE OF SAN MIGUEL
                             ROAD, FROM BONITA RANCH COURT EASTWARD 1,300
                             FEET, IN BONITA (DISTRICT: 1)

          OVERVIEW:
          On September 20, 2006 (11), the Board adopted guidelines for Prohibition of Long-
          Term Parking of Specific Vehicles on Designated County Roadways with the
          understanding that guideline implementation would be a joint responsibility between
          the California Highway Patrol and the Department of Public Works. The guidelines are
          an effort to address long-term parking (storage) of recreational vehicles such as motor
          homes, horse trailers, empty trailers, trailers transporting boats, motorcycles, etc. in and
          around residential areas in the unincorporated areas of San Diego County.

          The Department of Public Works, in response to requests from area residents, is
          conducting a pilot program to restrict recreational vehicles, specifically campers, from
          parking within the public right of way along the north side of San Miguel Road, in the
          Bonita area, beginning at Bonita Ranch Court eastward 1,300 feet (Thomas Guide page



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          1311, A-1). The community continues to have problems with long-term recreational
          vehicle parking. The vehicle owners park along this road after they’ve met their
          maximum stay at the nearby Sweetwater Regional Park.

          As set forth in the approved guidelines, County staff sought input from the public
          and residents through the Sweetwater Community Planning Group. This matter is
          not a traffic operational issue, but is considered a community aesthetic and quality
          of life issue. Coordination through the Sweetwater Community Planning Group is
          essential to ensure a cohesive process and effective communication with all affected
          (residents, recreational vehicle owners, County staff and law enforcement). On June
          5, 2007, the Sweetwater Community Planning Group discussed this matter and
          forwarded a recommendation to restrict parking to the San Diego County Traffic
          Advisory Committee. On June 8, 2007, the Traffic Advisory Committee
          recommended approval of the proposed recreational vehicle prohibition as part of
          their Consent Agenda.

          FISCAL IMPACT:
          Funds for this proposal are budgeted in the Department of Public Works Road Fund.

          RECOMMENDATION:
          TRAFFIC ADVISORY COMMITTEE
          Approve and implement the guidelines for Prohibition of Long-Term Parking of
          Specific Vehicles on Designated County Roadways through a pilot program on the
          north side of San Miguel Road from Bonita Ranch Court to a point 1,300 feet eastward.
          The proposed recreational vehicle prohibition applies to any type of recreational vehicle
          (camper, motor home, tent trailer, etc) intended to shelter or house individual(s).

          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the proposed project is exempt from the California Environmental Quality Act
             (CEQA) as specified under Section 15301 of the State CEQA Guidelines.

          2. Adopt a resolution entitled Traffic Resolution No. 3072 relating to No Parking of
             Specified Vehicles on a Designated County Road.

          3. Direct the Director of Public Works to report back to the Board on the effectiveness of
             the pilot program in four months.

          ACTION:
          ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took
          action as recommended, on Consent, adopting Resolution No. 07-132 entitled: TRAFFIC
          RESOLUTION NO. 3072, RESOLUTION AUTHORIZING THE ESTABLISHMENT OF
          A PARKING PROHIBITION OF SPECIFIED VEHICLES ON A DESIGNATED
          COUNTY ROAD

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



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5.        SUBJECT:          2006 MULTIPLE SPECIES CONSERVATION PROGRAM
                            SUBAREA PLAN ANNUAL HABITAT TRACKING REPORT
                            (DISTRICT: ALL)

          OVERVIEW:
          The Board adopted the County of San Diego Multiple Species Conservation Program
          Subarea Plan on October 22, 1997 (1). The associated Implementing Agreement entered into
          among the U.S. Fish and Wildlife Service, California Department of Fish and Game, and the
          County, became effective on March 17, 1998. The Implementing Agreement includes a
          requirement that the County prepare an annual accounting for 1) all habitat gained through
          acquisitions or dedications of open space made through the land development process; and
          2) all habitat lost as a result of discretionary land use and certain ministerial actions.

          This 2006 Annual Report summarizes habitat gains and losses within the three Subarea Plan
          segments (Lake Hodges, South County, and Metro-Lakeside-Jamul) for the period of January
          1, 2006 through December 31, 2006. This report also includes a discussion of management
          and monitoring programs and funding sources that are utilized by the County to meet its
          obligations under the Implementing Agreement.

          The County and its partners have achieved 66% of the total conservation goal for the South
          County Subarea Plan by conserving 65,149.4 acres of land through acquisition, dedication of
          easements and baseline preserve since the inception of the Multiple Species Conservation
          Program. In addition to the acres already conserved to date, 12,246 acres of private baseline
          land were committed to be conserved through the South County Subarea Plan and will be
          dedicated in conformance with this plan as development occurs. Upon conveyance of these
          private baseline lands, the County and its partners will have achieved 79% of the total
          conservation goal (not including future gains).

          During the 2006 accounting period, a total of 321.1 acres were gained and 576.9 acres
          were lost within the County Multiple Species Conservation Program Subarea. Of the
          321.1 acres gained, 134.1 acres count towards the County’s Multiple Species
          Conservation Program conservation goal of 98,379 acres. A cumulative total of 1,046.2
          acres have been lost for conservation purposes within the planned preserve area since
          1998. Only 129.7 of the 576.9 acres lost in 2006 occurred within the planned habitat
          preserve area. Most of this loss was due to home rebuilds following the October 2003
          wildfires. The County has maintained conservation in rough step with development and
          has achieved 66% of our conservation goal in less than ten years of a fifty-year program.

          The Board is requested to receive the 2006 Annual Report and approve the updated
          Subarea Plan Map.

          FISCAL IMPACT:
          N/A




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          BUSINESS IMPACT STATEMENT:
          Adoption of the Multiple Species Conservation Program allows for a streamlined
          permitting process for local landowner as well as a large connected preserve area for
          sensitive, threatened, and endangered species.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Receive the 2006 Annual Report.

          2.   Approve the updated "County of San Diego Multiple Species Conservation Program
               Subarea Plan Map."

          ACTION:
          ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took
          action as recommended, on Consent.

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


6.        SUBJECT:           GILLESPIE FIELD – GILLESPIE FIELD PARTNERS, INC. –
                             NEW AVIATION LEASE (DISTRICT: 2)

          OVERVIEW:
          The County of San Diego operates Gillespie Field (Thomas Guide page 1251, D-1), a
          general aviation airport in El Cajon. Gillespie Field provides facilities for 959 general
          aviation and corporate aircraft, aviation businesses and the Sheriff’s ASTREA (Aerial
          Support to Regional Enforcement Agencies) facility.

          Gillespie Field Partners, Inc. currently has a 6.18 acre aviation ground lease at Gillespie
          Airport, which commenced February 22, 1977 (31). The Company operates aircraft hangars
          at Gillespie Field.

          This is a request to approve a new 30 year lease for Gillespie Field Partners, Inc. The new
          lease will enable the developer to provide improved aviation facilities for the flying public at
          Gillespie Field.

          FISCAL IMPACT:
          This request will result in additional revenue to County’s Airport Enterprise Fund. If
          approved, this agreement will result in no change in the Fiscal Year 2006-07 revenue of
          $37,152 as it will be effective October 1, 2007. The agreement will result in approximately
          $136,584 annual rent revenue in Fiscal Year 2007-08 and approximately $169,728 annual
          revenue in Fiscal Year 2008-09 and subsequent years. The new leases will require no
          additional staff years.




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          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find, in accordance with Section 15301 of the California Environmental Quality Act
             (CEQA) Guidelines, that the proposed lease amendment is categorically exempt from
             CEQA provisions as it involves continuation of an existing use.

          2.   Approve and authorize the Clerk of the Board to execute, upon receipt, three copies of
               the new aviation lease with Gillespie Field Partners, Inc., County Contract Number
               11280R. (4 VOTES)

          3.   Waive competitive procurement requirements of Board Policy F-51, County Real
               Property Asset Management, with regard to the proposed new lease.


          ACTION:
          ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took
          action as recommended, on Consent.

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


7.        SUBJECT:          GILLESPIE FIELD – UNITED STATES BORDER PATROL –
                            NEW LEASE (DISTRICT: 2)

          OVERVIEW:
          The County of San Diego operates Gillespie Field (Thomas Guide page 1251, D-1), a
          general aviation airport in El Cajon. Gillespie Field provides facilities for 959 general
          aviation and corporate aircraft, aviation businesses and the Sheriff’s ASTREA (Aerial
          Support to Regional Enforcement Agencies) facility.

          The Border Patrol currently has a 1.98 acre ground lease at Gillespie Airport, which
          commenced November 1, 1996. The site is used for vehicle storage and maintenance.

          This is a request to approve a new five year lease for United States Border Patrol. Revenues
          from leases on airport property are deposited in the County’s Airport Enterprise Fund, a fund
          which is used to improve safety and security at County Airports.

          FISCAL IMPACT:
          This request will result in additional revenue to County’s Airport Enterprise Fund, beginning
          in August 2007. If approved, this request will result in no change in the current year revenue
          of $51,768. It will result in collection of $91,434 annual rent for Fiscal Year 2007-08. Total
          lease revenue will be approximately $98,516 annually in subsequent years with annual
          increases of 4%. The new leases will require no additional staff years.




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          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find, in accordance with Section 15301 of the California Environmental Quality Act
             (CEQA) Guidelines, that the proposed lease amendment is categorically exempt from
             CEQA provisions as it involves continuation of an existing use.

          2.   Approve and authorize the Clerk of the Board to execute, upon receipt, three copies of
               the new lease with United States Border Patrol. (4 VOTES)

          3.   Waive competitive procurement requirements of Board Policy F-51, County Real
               Property Asset Management, with regard to the proposed new lease.

          ACTION:
          ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took
          action as recommended, on Consent.

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


8.        SUBJECT:          APPROVE REVENUE AGREEMENT WITH THE STATE OF
                            CALIFORNIA FOR ENFORCEMENT OF THE STATE
                            RADIATION CONTROL LAW (DISTRICT: ALL)

          OVERVIEW:
          On June 14, 2006 (4) the Board of Supervisors approved and authorized the Director of
          Environmental Health to execute a two-year revenue agreement with the California
          Department of Health Services, Radiological Health Branch, to enforce the Radiation
          Control Law in San Diego County, for the period July 1, 2006 through June 30, 2008.
          Subsequently, the Department of Health Services offered only a one year agreement in order
          to review the funding and workload and make a determination as to whether more funding
          should be provided. The Department of Health Services has completed that review and is
          proposing an increase in funding. This proposed contract requires that the Board of
          Supervisors take action to approve additional funding and one additional contract year. The
          additional funding is due to increased workload.

          In accordance with Section 114990 of the California Health and Safety Code, the State is
          authorized to enter into agreements with contractors to conduct technical evaluations of
          radioactive material license applications and to conduct inspections of facilities that use
          radioactive material or radiation-producing machines. Since 1986, the California
          Department of Health Services has contracted with the Department of Environmental Health
          to enforce the State Radiation Control Law in San Diego County. The local enforcement
          activities of the Department of Environmental Health’s Radiation Control program protect
          the citizens and environment of San Diego County from the effects of radiation and ensure
          that all State and federal regulations are met.



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          The Department of Environmental Health requests approval to enter into a two-year revenue
          agreement with the California Department of Health Services in the amount of $926,430 for
          Fiscal Year 2007-08 and $926,430 for Fiscal Year 2008-09 to enforce the Radiation Control
          Law in San Diego County.

          FISCAL IMPACT:
          Funds for this request are included in the Fiscal Years 2007-09 Proposed Operational Plan
          for the Department of Environmental Health in the amount of $1,437,460. This request will
          increase the revenue contract in the Department of Environmental Health by $415,400. The
          amount of $225,230 will be appropriated during the Fiscal Year 2007-08 First Quarter
          Operational Plan Status Report. If approved, this request will result in $1,852,860 ($926,430
          per year) in revenue and $1,757,068 ($878,534 per year) in direct costs. This is not a full
          cost recovery contract as the maximum allowable reimbursement for benefits is 38.43% and
          for overheads it is 22.95%. Estimated benefit cost of $75,037 and overhead cost of $119,744
          will be funded from Realignment revenue budgeted in the Department of Environmental
          Health. The funding source is the revenue agreement with the California Department of
          Health Services Radiological Health Branch and Realignment Revenue.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find in accordance with Section 15308 of the State of California Environmental Quality
             Act Guidelines that this action is exempt from California Environmental Quality Act as
             it is an action taken by a regulatory agency to assure the protection of the environment.

          2.   Approve and authorize the Director of Environmental Health to execute a two-year
               revenue agreement with the California Department of Health Services, Radiological
               Health Branch, to enforce the Radiation Control Law in San Diego County, in an
               amount not to exceed $1,852,860 each year for the period July 1, 2007 through June 30,
               2009.

          3.   Authorize the Director of Environmental Health to execute any amendments,
               extensions, and/or revisions thereof that do not materially impact or alter either the
               program or funding level.

          4.   Waive Board Policy B-29: Fees, Grants, Revenue Contracts – Department
               Responsibility for Cost Recovery, with respect to full cost recovery for the
               implementation of this contract.

          ACTION:
          ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took
          action as recommended, on Consent.

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




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9.        SUBJECT:          EIGHTH AMENDMENT TO JOINT EXERCISE OF POWERS
                            AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND
                            RAMONA MUNICIPAL WATER DISTRICT FOR
                            RECREATIONAL FACILITY IMPROVEMENTS AT RAMONA
                            WELLFIELD COMMUNITY PARK (DISTRICT: 2)

          OVERVIEW:
          The 153-acre Ramona Wellfield Community Park is an active recreational facility in the
          community of Ramona, which is operated and maintained by the Ramona Municipal Water
          District (Thomas Guide Page 1152, H-4). A total of $727,142 in Ramona Park Land
          Dedication Ordinance funds have been used to provide new and improved recreational
          facilities at the Wellfield Community Park in accordance with an existing Joint Exercise of
          Powers Agreement and subsequent amendments between the County and the Water District.

          The proposed action will authorize the Eighth Amendment to the Joint Exercise of Powers
          Agreement with the Ramona Municipal Water District. For contract reasons explained
          below, the Eighth Amendment will rescind the Seventh Amendment and include the funding
          ($227,000) and improvements (fence, bleachers, and paving) that were in the Seventh
          Amendment, as well as an additional $100,000 needed for the paving of the pony baseball
          parking lot. Funding for this amendment (both the original $227,000 and the additional
          $100,000) will be provided by Ramona Park Land Dedication Ordinance funds. Once
          completed, operations and maintenance of the newly constructed facilities will be the
          responsibility of the Water District.

          FISCAL IMPACT:
          Funds for this request in the amount of $227,000 are included in the Fiscal Year 2006-2007
          Operational Plan. Funds in the amount of $100,000 are not included in the Fiscal Year
          2006-2007 Operational Plan. The funding source is Ramona Park Land Dedication
          Ordinance (PLDO) funds. If approved, this request will result in current year costs and
          revenue of $100,000 based on fund balance available in the Ramona PLDO fund and will
          require the addition of no staff years. This request will also authorize approval of an
          amendment to an existing agreement which will encumber the requested funds, as well as
          $227,000 of existing budgeted funds that will be unencumbered by rescinding the Seventh
          Amendment, for a total of $327,000 in the Eighth Amendment. Funds in the amount of
          $15,000 for contract administration were budgeted for the Seventh Amendment and will be
          sufficient for management of the Eighth Amendment. Operations and maintenance of the
          constructed facilities will be the responsibility of the Ramona Municipal Water District.




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          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find in accordance with Section 15301 of the California Environmental Quality Act
             (CEQA) Guidelines that the Ramona Wellfield Community Park Improvements projects
             are categorically exempt from CEQA as minor alterations to existing public facilities
             involving negligible or no expansion of use beyond that existing.

          2. Establish appropriations of $100,000 in the Ramona Park Land Dedication Ordinance
             (PLDO) fund, Contributions to Other Agencies, for park improvements at Ramona
             Wellfield Community Park, based on fund balance available. (4 VOTES)

          3. Authorize the Director of the Department of Parks and Recreation to execute the Eighth
             Amendment to the Joint Exercise of Powers Agreement (County Contract No. 34211-E)
             between the County of San Diego and Ramona Municipal Water District for construction
             of recreational facility improvements at Ramona Wellfield Community Park.

          ACTION:
          ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took
          action as recommended, on Consent.

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


10.       SUBJECT:         TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
                           (DISTRICTS: 2 AND 5)

          OVERVIEW:
          The Traffic Advisory Committee meets every six weeks to review proposed changes or
          additions to regulatory traffic controls. Eight items were on the Committee's April 20,
          2007 meeting agenda. The Committee recommends your action on five items, as one
          item (Item 2-A) was continued prior to the meeting at the request of the Ramona
          Community Planning Group and two items (Item 2-B and Item 5-B) were continued to
          the next Committee meeting. Item 2-B was continued to allow the requester an
          opportunity to address the Committee regarding concerns at the intersection of Runabout
          Place and Bearcat Lane. Due to work conflicts, the requester was unable to address the
          Committee on April 20, 2007. Item 5-B was continued to allow staff to gather additional
          data necessary in determining an appropriate recommendation regarding the existing 50
          MPH posted speed limit on Deer Springs Road.

          An update on a Traffic Advisory Committee item previously presented to the Board is
          also provided. On October 26, 2005 (4), the Board approved establishment of an all-way
          stop control at the intersection of Avenida de Acacias/Calle Jon Norte and La Flecha.
          The Board also directed the intersection be monitored for a year after the all-way stop
          control was installed to determine its impact on the intersection’s operating conditions.
          The all-way stop control was installed in January 2006.


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          FISCAL IMPACT:
          Funds for this proposal are budgeted in the Department of Public Works Road Fund.

          RECOMMENDATION:
          TRAFFIC ADVISORY COMMITTEE
          Consider and file report including the following recommendations:
          District 2
          2-A. This item was continued prior to the meeting at the request of the Ramona
               Community Planning Group.
          2-B. Runabout Place and Bearcat Lane (Thomas Guide page 1272, D-3) RANCHO
               SAN DIEGO -- This item was continued to the June 8, 2007 Traffic Advisory
               Committee meeting.
          2-C1. River Street and Parkside Street, (Thomas Guide page 1251, B-3) LAKESIDE –
                Delete an existing stop control, superseded by an all-way stop control.
          2-C2. Ramona Avenue and Chestnut Street, (Thomas Guide page 1291, C-2) SPRING
                VALLEY -- Delete an existing yield control, superseded by a stop control.


          District 5
          5-A. Rambla de las Flores between La Orilla and Linea del Cielo (a distance of 1.05
               miles ) (Thomas Guide page 1168, A-2,3&B5) RANCHO SANTA FE --
               Recertify the existing 40 MPH speed limit for continued use of radar for speed
               enforcement.
          5-B. Deer Springs Road from the San Marcos City Limit easterly to a point 1,250 feet
               east of the east line of Sarver Lane (a distance of .08 miles) (Thomas Guide
               pages 1089, A-7 to 1108, J-4) VISTA -- This item was continued to the June 8,
               2007 Traffic Advisory Committee meeting.
          5-C. Palomino Road, north side, from Emerald Ridge Road easterly to the end of
               County Maintenance (a distance of 140 feet) (Thomas Guide page 1027, G5&6)
               FALLBROOK -- Establish a parking prohibition.
          5-D. Sage Meadow Lane/Millco Lane and Miller Road, (Thomas Guide page 1070,
               E6) VALLEY CENTER -- Do not establish any regulatory controls.

          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the proposed project is exempt from the California Environmental Quality Act
             (CEQA) as specified under Section 15301 of the State CEQA Guidelines.

          2. Concur with Traffic Advisory Committee's recommendations.




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          3. Adopt, amend and/or delete the following Resolutions:
              No. 301 (Item 5-C)
              No. 304 (Item 2-C1)
              No. 306 (Item 2-C2)

10.1      ACTION:
          ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took
          action as recommended, on Consent, with the exception of Item 5-D, adopting the following
          Resolutions entitled:
          Item 2-C1, Resolution No. 07-133 entitled: TRAFFIC RESOLUTION NO. 3070,
          RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 304 RELATING TO THE
          ESTABLISHMENT OF STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO;
          Item 2-C2, Resolution No. 07-134 entitled: TRAFFIC RESOLUTION NO. 3071,
          RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 306 RELATING TO THE
          ESTABLISHMENT OF STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO;
          Item 5-C, Resolution No. 07-135 entitled: TRAFFIC RESOLUTION NO. 3069,
          RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE
          ESTABLISHMENT OF THROUGH HIGHWAYS IN THE COUNTY OF SAN DIEGO

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

10.2      ACTION:
          ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took
          action as recommended, on Item 5-D.

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


11.       SUBJECT:          CANCELLATION OF SURPLUS REAL PROPERTY SALE TO
                            THE SAN DIEGO RURAL FIRE PROTECTION DISTRICT -
                            HARBISON CANYON ROAD, HARBISON CANYON AREA
                            (DISTRICT: 2)

          OVERVIEW:
          On June 14, 2005 (10), the Board of Supervisors authorized the sale of a 2.4-acre
          Department of Public Works Road Fund parcel, on Harbison Canyon Road in the community
          of Harbison Canyon, to the San Diego Rural Fire Protection District (Thomas Guide, Page
          1253, C1). This property was proposed as the new site for the Harbison Canyon Fire Station
          that was lost in the wildfires that swept through San Diego County in October 2003. The San
          Diego Rural Fire Protection District retained the services of a consultant to complete a
          comprehensive site study on this property. Based on the findings, the District has
          determined that the parcel is not suitable for the construction of the proposed new fire
          station. The District has subsequently identified a new location owned by a private party that


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          will serve its needs and has requested cancellation of the sale of the County-owned parcel
          and refund of the $150,000 purchase price. Staff recommends approval of this cancellation
          request and refund of the $150,000 to the San Diego Rural Fire Protection District.

          FISCAL IMPACT:
          On October 18, 2005, the San Diego Rural Fire Protection District deposited the full
          purchase price of $150,000 with the County. If approved, this request will result in the
          return of the $150,000 payment to the San Diego Rural Fire Protection District from the
          Department of Public Works Road Fund FY 2006-07 Budget.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the cancellation of this sale is not subject to the environmental assessment
             process as it is not a project in accordance with the California Environmental Quality Act
             Guidelines.

          2. Authorize the Director, Department of General Services, to perform all necessary actions
             to complete the cancellation of the sale of the 2.4 acre surplus parcel and refund of the
             purchase price.

          3. Authorize the Auditor and Controller to process the refund of the $150,000 purchase
             price for County Parcel 2005-0104-A to the San Diego Rural Fire Protection District
             from the Department of Public Works Road Fund FY 2006-07 Budget.

          ACTION:
          ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board took
          action as recommended, on Consent.

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

12.       SUBJECT:          CLOSED SESSION (DISTRICT: ALL)
                            (CARRYOVER ITEM FROM 6/19/07, AGENDA NO. 20)

          OVERVIEW:
          A.     CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
                 (Subdivision (a) of Government Code section 54956.9)
                 Renee Alford, et al. v. County of San Diego, et al.; Fourth District Court of
                 Appeal, Division One, No. D048758

          B.     CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
                 (Subdivision (a) of Government Code section 54956.9)
                 John Paul Starting v. County of San Diego; San Diego County Superior
                 Court No. GIE 022170




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             C.      CONFERENCE WITH LABOR NEGOTIATORS
                     (Government Code section 54957.6)
                     Designated Representative: Carlos Arauz
                     Employee Organizations: All

             ACTION:
             In closed session on Tuesday, June 19, 2007, the Board of Supervisors took the following
             reportable actions:

             Item 12A: Alford v. County of San Diego; authorized County Counsel to seek review in the
             Supreme Court of California of the decision and opinion of the Court of Appeal;

             Item 12B: Starting v. County of San Diego; authorized County Counsel to appeal from an
             order of the Superior Court.

 13.         SUBJECT:          PUBLIC COMMMUNICATION

             OVERVIEW:
             John Van Doorn spoke to the Board concerning child abuse prevention.
             Harry Crouch spoke to the Board concerning child protective services

             ACTION:
             Heard, referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 11:03 a.m. in memory of Victor Kops.




                                            THOMAS J. PASTUSZKA
                                         Clerk of the Board of Supervisors
                                       County of San Diego, State of California


 Consent: Mazyck
 Discussion: Andoh


 NOTE: This Statement of Proceedings sets forth all actions taken by the County of San Diego Board of
 Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters
 were taken up.




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