COUNTY OF SAN DIEGO BOARD OF SUPERVISORS



STATEMENT OF PROCEEDINGSCOUNTY OF SAN DIEGO BOARD OF SUPERVISORSREGULAR MEETING - PLANNING AND LAND USE MATTERSWEDNESDAY, AUGUST 08, 2012Board of Supervisors North Chamber1600 Pacific Highway, Room 310, San Diego, CaliforniaREGULAR SESSION – Regular Meeting was called to order at 9:04 a.m.Present: Supervisors Ron Roberts, Chairman; Greg Cox, Vice Chairman; Dianne Jacob; Pam Slater-Price; Bill Horn; also David C. Hall, Assistant Clerk of the Board.Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meeting of July 25, 2012.ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meeting of July 25, 2012.AYES: Cox, Jacob, Slater-Price, RobertsABSENT: HornNOTICE: THE BOARD OF SUPERVISORS MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY COUNTY STAFF DO NOT LIMIT ACTIONS THAT THE BOARD OF SUPERVISORS MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON THE RECOMMENDATIONS IN THE BOARD LETTER AS DETERMINATIVE OF THE ACTION THE BOARD OF SUPERVISORS MAY TAKE ON A PARTICULAR MATTER. Board of Supervisors’ Agenda Items1.CONTINUED NOTICED PUBLIC HEARING: MacroButton NoMacro APPEAL OF PLANNING COMMISSION DECISION TO DENY NEXTG MT. HELIX DISTRIBUTED ANTENNA SYSTEM (CRICKET COMMUNICATION) MAJOR USE PERMIT; P10-011; VALLE DE ORO AND SPRING VALLEY COMMUNITY PLAN AREA 2.CONTINUED NOTICED PUBLIC HEARING: MacroButton NoMacro APPEAL OF PLANNING COMMISSION DECISION TO DENY NEXTG MT. HELIX DISTRIBUTED ANTENNA SYSTEM (AT&T) MAJOR USE PERMIT; P10-009; VALLE DE ORO COMMUNITY PLAN AREA3.NOTICED PUBLIC HEARING: MacroButton NoMacro ADOPTION OF A RESOLUTION OF NECESSITY FOR THE BEAR VALLEY PARKWAY NORTH WIDENING PROJECT IN ESCONDIDO [FUNDING SOURCE(S): Road Fund fund balance as a result of Proposition 1B received in a prior year](4 VOTES)4.NOTICED PUBLIC HEARING: MacroButton NoMacro APPEAL OF PLANNING COMMISSION DECISION TO APPROVE MAJOR USE PERMIT FOR ENERGIA SIERRA JUAREZ U.S. GENERATOR TRANSMISSION LINE; P09-008; AND RELATED FIRE MITIGATION AGREEMENTS WITH ENERGIA SIERRA JUAREZ U.S. TRANSMISSION LLC AND SDG&E; MOUNTAIN EMPIRE AND JACUMBA SUBREGIONAL PLAN AREAS [FUNDING SOURCE(S): revenue from the ESJ and SDG&E agreements]5.NOTICED PUBLIC HEARING: MacroButton NoMacro TULE WIND ENERGY; MAJOR USE PERMIT, GENERAL PLAN AMENDMENT, ZONING ORDINANCE AMENDMENT, AND FIRE MITIGATION AGREEMENT; P09-019, GPA 11-001, REZ 12-001; MOUNTAIN EMPIRE AND BOULEVARD SUBREGIONAL PLAN [FUNDING SOURCE(S): revenue from the Tule Wind LLC agreement]6. MacroButton NoMacro NOTICED PUBLIC HEARING:HEARING TO CONFIRM FISCAL YEAR 2012-13 ASSESSMENTS IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT AND LANDSCAPE MAINTENANCE DISTRICT ZONES NO. 1 AND NO. 2 – (6/20/12 - Set Hearing; 8/8/12 - Hearing) 7. MacroButton NoMacro NOTICED PUBLIC HEARING:LAKESIDE UNIFIED SCHOOL DISTRICT – ACQUISITION OF 13.88 ACRES FOR EQUESTRIAN FACILITY AND APPROVAL OF LEASE (7/11/2012 – Set Hearing; 8/8/2012 – Hold Hearing) [FUNDING SOURCE(S): Operating Transfer from the General Fund due to the cancellation of appropriations for Capital Project 1009548, Lakeside Soccer Fields Acquisition](4 VOTES)8. MacroButton NoMacro NOTICED PUBLIC HEARING:BOULDER OAKS PRESERVE – ACQUISITION OF 751.99 ACRES FOR OPEN SPACE (SALVATION ARMY) (6/27/2012 – Set Hearing; 8/8/2012 – Hold Hearing) [FUNDING SOURCE(S): general purpose revenues and will be provided for in future Operational Plans]9. MacroButton NoMacro LAND DEVELOPMENT PERFORMANCE REVIEW COMMITTEE CREATION[FUNDING SOURCE(S): General Fund]10.County of San Diego Tract NO. 4736-1 (final map no. 13856): Approval of amendment to joint agreement to improve subdivision (EXTENSION OF TIME AND substitution of security) for PUBLIC AND Private Improvements Located in BONSALL COMMUNITY PLAN AREA 11. MacroButton NoMacro FREEWAY AGREEMENT FOR STATE ROUTE 905 (FROM 0.26 MILE EAST OF SANYO AVENUE TO ENRICO FERMI DRIVE) IN EAST OTAY MESA 12. MacroButton NoMacro DEPARTMENT OF PARKS AND RECREATION – APPROVAL OF NEW LEASE AGREEMENTS AT TIJUANA RIVER VALLEY REGIONAL PARK AND AMENDMENTS TO EXISTING LEASE AT SWEETWATER VALLEY REGIONAL PARK AND AGUA CALIENTE PARK (4 VOTES)13. MacroButton NoMacro ESTABLISHMENT OF APPROPRIATIONS AND APPROVAL OF THIRD AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND JULIAN UNION SCHOOL DISTRICT FOR IMPROVEMENTS AT JULIAN ELEMENTARY SCHOOL AND JULIAN JUNIOR HIGH SCHOOL [FUNDING SOURCE(S): Palomar/Julian PLDO Fund fund balance available](4 VOTES)14. MacroButton NoMacro TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS 15.PROTECTING CITRUS TREES IN SAN DIEGO COUNTY FROM A DEVASTATING DISEASE16.CLOSED SESSION (CARRYOVER FROM 8/7/12, AGENDA NO. 25)17. PUBLIC COMMUNICATION1.SUBJECT:CONTINUED NOTICED PUBLIC HEARING: MacroButton NoMacro APPEAL OF PLANNING COMMISSION DECISION TO DENY NEXTG MT. HELIX DISTRIBUTED ANTENNA SYSTEM (CRICKET COMMUNICATION) MAJOR USE PERMIT; P10-011; VALLE DE ORO AND SPRING VALLEY COMMUNITY PLAN AREA (DISTRICT: 2) OVERVIEW:On June 27, 2012 (3), the Board of Supervisors continued the item to August 8, 2012 at 9:00 a.m. MacroButton NoMacro Application Date: May 12, 2010This is an appeal by the applicant of the Planning Commission’s decision to deny NextG’s proposed Major Use Permit for a Distributed Antenna System facility in Mt. Helix. A Distributed Antenna System consists of a group of spatially separated antenna sites called “nodes” that are connected to a common source to provide wireless service within a geographic area. The proposed Distributed Antenna System facility is comprised of three nodes. Each node would include one antenna and auxiliary equipment that would be mounted on existing utility poles located within the public right-of way. The nodes located on Grandview Drive (Node 2) and Bancroft Drive (Node 3) would require replacement poles that would be no more than five feet taller than the height of the existing poles. Node 1 (located on Tropico Drive) and Node 2 are located within the Valley de Oro Community Plan Area, and Node 3 is located within the Spring Valley Community Plan Area within the unincorporated San Diego County (2008 Thomas Guide Page 1271, A-7, B-4, E-2). LISTNUM \l 1 \s 0 FISCAL IMPACT: MacroButton NoMacro N/A LISTNUM \l 1 \s 0 BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/A LISTNUM \l 1 \s 0 RECOMMENDATION:DEPARTMENT OF PLANNING AND LAND USE LISTNUM \l 1 \s 0 Adopt the environmental findings included in Attachment D.Grant Major Use Permit P10-011, and impose the requirements and conditions as set forth in the Major Use Permit Form of Decision (Attachment B). Authorize the Director of Planning and Land Use to execute a defense and indemnity agreement with the project owner/applicant in accordance with County Code Section 86.201 and following.? If litigation is filed challenging the Board’s action on this project, require the project owner/applicant to provide security in the amount of $75,000.00 in a form of a bond or irrevocable letter of credit in a form acceptable to County Counsel.Approve the appeal. LISTNUM \l 1 \s 0 1.1ACTION:Noting for the record that an Errata sheet has been submitted, motion by Supervisor Jacob, seconded by Supervisor Slater-Price to direct the Chief Administrative Office to prepare findings to deny the permit and return to the Board with those findings. AYES: Jacob, Slater-Price NOES: Cox, Roberts, Horn(This motion failed due to lack of majority vote.)1.2ACTION:Noting for the record that an Errata sheet has been submitted; ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board closed the hearing and took the following action:Adopted the environmental findings included in Attachment D;Granted Major Use Permit P10-011, and imposing the requirements and conditions as set forth in the Major Use Permit Form of Decision (Attachment B);Authorized the Director of Planning and Land Use to execute a defense and indemnity agreement with the project owner/applicant in accordance with County Code Section 86.201 and following.? If litigation is filed challenging the Board’s action on this project, require the project owner/applicant to provide security in the amount of $75,000.00 in a form of a bond or irrevocable letter of credit in a form acceptable to County Counsel; andApproved the appeal with respect to AT&T Nodes 3, 4, 5, and 6 and Cricket Nodes LM9, LM10 and the node in Spring Valley. AYES: Cox, Slater-Price, Roberts, HornNOES: Jacob2.SUBJECT:CONTINUED NOTICED PUBLIC HEARING: MacroButton NoMacro APPEAL OF PLANNING COMMISSION DECISION TO DENY NEXTG MT. HELIX DISTRIBUTED ANTENNA SYSTEM (AT&T) MAJOR USE PERMIT; P10-009; VALLE DE ORO COMMUNITY PLAN AREA (DISTRICT: 2) OVERVIEW: MacroButton NoMacro On June 27, 2012 (2), the Board of Supervisors continued the item to August 8, 2012 at 9:00 a.m.Application Date: April 28, 2010This is an appeal by the applicant of the Planning Commission’s decision to deny NextG’s proposed Major Use Permit for a Distributed Antenna System facility in the unincorporated area of Mt. Helix. A Distributed Antenna System consists of a group of spatially separated antenna sites called “nodes” that are connected to a common source to provide wireless service within a geographic area. The proposed Distributed Antenna System facility is comprised of eight nodes. Each node would include one antenna (except for Node No. 8 which includes two antennas) and auxiliary equipment that would be mounted on existing utility poles located within the public right-of-way. The nodes located on Queen Avenue (Node No.2), Mayapan Drive (Node No.3), Vista Way (Node No.5), and Fuerte Drive (Node No.8) would require replacement poles that would be no more than five feet taller than the height of the existing poles. All eight nodes would be located in the general vicinity of Mt. Helix area in the Valle de Oro Community Plan Area within the unincorporated San Diego County (2008 Thomas Guide Page 1271, D-3, E-2, E-3, E-4, F-2, F-3, F-4, and G-3). LISTNUM \l 1 \s 0 FISCAL IMPACT: MacroButton NoMacro N/A LISTNUM \l 1 \s 0 BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/A LISTNUM \l 1 \s 0 RECOMMENDATION:DEPARTMENT OF PLANNING AND LAND USE LISTNUM \l 1 \s 0 Adopt the environmental findings included in Attachment D. Grant Major Use Permit P10-009, and impose the requirements and conditions as set forth in the Major Use Permit Form of Decision (Attachment B).Authorize the Director of Planning and Land Use to execute a defense and indemnity agreement with the project owner/applicant in accordance with County Code Section 86.201 and following.? If litigation is filed challenging the Board’s action on this project, require the project owner/applicant to provide security in the amount of $75,000.00 in a form of a bond or irrevocable letter of credit in a form acceptable to County Counsel.Approve the appeal. LISTNUM \l 1 \s 0 2.1ACTION:Noting for the record that an Errata sheet has been submitted, motion by Supervisor Jacob, seconded by Supervisor Slater-Price to direct the Chief Administrative Office to prepare findings to deny the permit and return to the Board with those findings.AYES: Jacob, Slater-Price NOES: Cox, Roberts, Horn(This motion failed due to lack of majority vote.)2.2ACTION:Noting for the record that an Errata sheet has been submitted; ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board closed the hearing and took the following action:Adopted the environmental findings included in Attachment D;Granted Major Use Permit P10-011, and imposing the requirements and conditions as set forth in the Major Use Permit Form of Decision (Attachment B);Authorized the Director of Planning and Land Use to execute a defense and indemnity agreement with the project owner/applicant in accordance with County Code Section 86.201 and following.? If litigation is filed challenging the Board’s action on this project, require the project owner/applicant to provide security in the amount of $75,000.00 in a form of a bond or irrevocable letter of credit in a form acceptable to County Counsel; andApproved the appeal with respect to AT&T Nodes 3, 4, 5, and 6 and Cricket Nodes LM9, LM10 and the node in Spring Valley. AYES: Cox, Slater-Price, Roberts, HornNOES: Jacob3.SUBJECT:NOTICED PUBLIC HEARING: MacroButton NoMacro ADOPTION OF A RESOLUTION OF NECESSITY FOR THE BEAR VALLEY PARKWAY NORTH WIDENING PROJECT IN ESCONDIDO (DISTRICT: 3) OVERVIEW: MacroButton NoMacro The Bear Valley Parkway North Widening Project will relieve traffic congestion by widening a one-mile segment of Bear Valley Parkway, between State Route 78 and Boyle Avenue in the unincorporated area of Escondido (2010 Thomas Guide, page 1130-D3, D4) (Attachment A). Construction of the project requires acquisition of property rights from 50 properties within the project area. To date, 44 of the 50 property owners have signed real property contracts agreeing to sell the required interests to the County. Of these, 16 contracts were previously approved by your Board and 28 contracts, which were for less than $150,000 each, were approved by the Director of the Department of General Services pursuant to Section 73 of the Administrative Code which authorizes such approvals. County will continue to attempt to reach agreements with owners of the remaining six properties however, the project schedule requires that the authority to commence an action in eminent domain be requested at this time.On July 11, 2012 (2), the Board set a hearing for August 8, 2012, to consider adoption of a Resolution of Necessity to initiate an eminent-domain action for, at the time, the remaining seven unsigned parcels, and two additional parcels, which had previously signed contracts, but due to unresolved legal issues, may require eminent domain to complete the acquisition. Subsequently, one parcel (2009-0072-A, B (Snapp)) signed a contract for the sale of the required easements to the County, and therefore, that parcel will not be included in the Resolution. The Board is requested to adopt the Resolution of Necessity for the Bear Valley Parkway North Widening Project for the eight remaining properties.FISCAL IMPACT: MacroButton NoMacro Funds for this request are included in the Fiscal Year 2012-13 Operational Plan for the Department of Public Works, Detailed Work Program. If approved, this request will result in a total current year right-of-way cost of $1,055,928 which represents the appraised value for the six unsigned parcels. The funding source is Road Fund fund balance as a result of Proposition 1B received in a prior year. There will be no impact to the General Fund and no additional staff years.BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/ARECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERFind that the Final Environmental Impact Report (FEIR) and Errata thereof for the Bear Valley Parkway North Widening Project, dated April 2010, SCH No. 2009-021015, on file at the Department of Public Works, was prepared in compliance with California Environmental Quality Act (CEQA) and the CEQA Guidelines, and that the decision making body has reviewed and considered the information contained therein prior to approving the project; andFind that the currently proposed action is within the scope of the FEIR; that there are no changes in the project or in the circumstances under which it is to be undertaken that would result in significant environmental impacts beyond those considered in the certified FEIR, nor a 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 prepared.Adopt a Resolution of Necessity for the Bear Valley Parkway North Widening Project, for the following parcels: 2008-0323-A, B, C (Seiler Trust); 2008-0327-A, B, C (Steeve Trust); 2008-0330-D (Cuero/Lugo); 2008-0334-D (Reardon); 2008-0339-A, B, C (Khew Trust); 2009-0067-A (Pacella); 2009-0070-A, B Herron/Gallegos); 2010-0029-A, B (Binuya). (4 VOTES) ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Horn, the Board closed the Hearing and took action as recommended, adopting Resolution No. 12-131, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO DECLARING THE PUBLIC NECESSITY FOR THE ACQUISITION OF REAL PROPERTY INTERESTS FOR THE BEAR VALLEY PARKWAY NORTH WIDENING PROJECT AND AUTHORIZING COUNTY COUNSEL TO COMMENCE EMINENT DOMAIN PROCEEDINGS TO ACQUIRE REAL PROPERTY INTERESTS FOR SAID PROJECT, and directed the Chief Administrative Officer to continue to work with Raul Lugo Cuero and his agent (parcel 2008-0330-D), to come to a resolution for the acquisition of his property. AYES: Cox, Jacob, Slater-Price, Roberts, Horn4.SUBJECT:NOTICED PUBLIC HEARING: MacroButton NoMacro APPEAL OF PLANNING COMMISSION DECISION TO APPROVE MAJOR USE PERMIT FOR ENERGIA SIERRA JUAREZ U.S. GENERATOR TRANSMISSION LINE; P09-008; AND RELATED FIRE MITIGATION AGREEMENTS WITH ENERGIA SIERRA JUAREZ U.S. TRANSMISSION LLC AND SDG&E; MOUNTAIN EMPIRE AND JACUMBA SUBREGIONAL PLAN AREAS (DISTRICT: 2) OVERVIEW: MacroButton NoMacro Application Date: June 10, 2009This is an appeal by the Boulevard Community Planning Group, Protect our Communities Foundation, Backcountry Against Dumps and resident of the Major Use Permit granted by the Planning Commission for the Energia Sierra Juarez (ESJ) U.S. Generator Transmission Line. The project proposes the construction and operation of an overhead, double circuit 230 kilovolt (kV) electric transmission line less than one mile long from the U.S. - Mexico border to San Diego Gas and Electric’s (SDG&E) proposed East County substation (ECO). The project would include three, steel lattice towers, approximately 150 feet in height. A temporary stringing site/construction laydown and parking area of approximately two acres would be located near the northern terminus of the transmission line route. The project site consists of seven parcels in the unincorporated area of San Diego County generally located south of Interstate 8 and Old Highway 80 and immediately adjacent to the Imperial County and Mexico borders within the Mountain Empire and Jacumba Subregional Plan areas (2008 Thomas Guide Page 430, F-9). Access to the site would be provided by a 24-foot wide private road connecting to Old Highway 80. The project site is subject to the Rural Regional Land Use Element Policy and Rural Lands (RL-80) General Plan Land Use Designation. The project site is zoned S92(General Rural) which permits Major Impact Utilities and Services upon approval of a Major Use Permit pursuant to Section 2926 of the Zoning Ordinance. As a condition of the County’s approval of ESJ U.S. Transmission LLC’s project, the applicant is required to enter into an agreement with the County to implement mitigation measures related to potential fire impacts as specified in the Environmental Impact Report (EIR). A Fire Protection Mitigation Agreement will require ESJ to provide funding to the County for use by the San Diego County Fire Authority to mitigate risks of wildfires and to enhance fire suppression and emergency medical support services in the project area. Authorization for the execution of a similar agreement with Tule Wind, LLC is requested in a separate Board Action on today’s agenda. The EIR analyzed three energy projects to be located in the same general area: ESJ’s U.S. Generator Transmission Line, San Diego Gas & Electric’s (SDG&E) East County Substation and Tule Wind LLC’s, Tule Wind Energy Project. SDG&E’s project is under the jurisdiction of the California Public Utilities Commission (CPUC). The CPUC approval requires SDG&E to comply with the mitigation measures required by the EIR. This project is not a part of another item on today’s agenda related to the Tule Wind Energy project. However, both projects were analyzed in the same EIR. LISTNUM \l 1 \s 0 FISCAL IMPACT: MacroButton NoMacro Funds for this request are not included in the Fiscal Year 2012-13 Operational Plan in the Public Safety Group Executive Office, San Diego County Fire Authority. If approved this request will result in LISTNUM \l 1 \s 0 current year cost and revenue of $62,100. The funding source is revenue from the ESJ and SDG&E agreements. There will be no change in net General Fund cost and will result in one staff year. These agreements will fund 45% of one staff year. An additional agreement will provide a proportional share of funding totaling 55% for one staff year. Staff will return to your Board to appropriate funds and request approval of one staff year. LISTNUM \l 1 \s 0 BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/A LISTNUM \l 1 \s 0 RECOMMENDATION:DEPARTMENT OF PLANNING AND LAND USE LISTNUM \l 1 \s 0 1.Adopt the Environmental Findings included in Attachment D. 2.Deny the appeals.3.Grant Major Use Permit 3300-09-008 (MUP) for the project as modified, make the findings, and impose the requirements and conditions described in the MUP (Attachment B).4. Grant an exemption pursuant to Zoning Ordinance Section 4620(g) to allow three lattice towers to be 150 feet in height where 35 feet is the height limit in the use regulations (Attachment B). 5.Approve the Fire Protection and Mitigation Agreement between the County of San Diego and ESJ U.S. Transmission LLC and authorize the County Fire Warden or his designee to sign the agreement for the County (Attachment I).6.Require ESJ U.S. Transmission LLC to enter into an agreement to defend and indemnify the County in accordance with County Code Section 86.201 et seq. If litigation is filed challenging the Board’s action on this project, require ESJ U.S. Transmission LLC to provide security in the amount of $200,000.00 in the form of an irrevocable letter of credit or bond, in a form acceptable to County Counsel within 10 days of the litigation being filed.CHIEF ADMINISTRATIVE OFFICERApprove and authorize the County Fire Warden or his designee to execute and administer the Fire Protection and Mitigation Agreement with Energia Sierra Juarez U.S. Transmission LLC (Attachment I). Upon execution of the Fire Protection and Mitigation Agreement with Energia Sierra Juarez U.S. Transmission LLC, authorize the Auditor and Controller to establish an interest bearing trust fund in the Public Safety Group Executive Office, San Diego County Fire Authority for the funding collected through the agreement, with interest earned directly credited to the trust fund. Authorize County Fire Warden to negotiate a Memorandum of Understanding and/or Fire Protection and Mitigation Agreement with SDG&E for its proportional share of funding that has terms similar to those in the Fire Protection and Mitigation Agreement with Energia Sierra Juarez U.S. Transmission LLC, and upon successful negotiation, authorize the County Fire Warden or his designee to execute and administer the agreement for the County. Funding collected through the agreement shall also be deposited in the trust fund established, with interest earned directly credited to the trust fund. LISTNUM \l 1 \s 0 ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board closed the Hearing and took action as recommended. AYES: Cox, Slater-Price, Roberts, HornNOES: Jacob5.SUBJECT:NOTICED PUBLIC HEARING: MacroButton NoMacro TULE WIND ENERGY; MAJOR USE PERMIT, GENERAL PLAN AMENDMENT, ZONING ORDINANCE AMENDMENT, AND FIRE MITIGATION AGREEMENT; P09-019, GPA 11-001, REZ 12-001; MOUNTAIN EMPIRE AND BOULEVARD SUBREGIONAL PLAN AREAS (DISTRICT: 2) OVERVIEW: MacroButton NoMacro Application Date: October 9, 2009The applicant requests a Major Use Permit (MUP), General Plan Amendment (GPA), and a Zoning Ordinance Amendment to construct and operate five large wind turbines with a maximum height of 492-feet, a 34.5-kilovolt (kV) overhead and underground collector cable system linking the wind turbines to the on-site collector substation, a five-acre temporary concrete batch plant, a 5,000 square foot operations and maintenance (O&M) building, three wells for groundwater extraction, a five-acre collector substation, a 138 kV overhead transmission line and associated transmission towers, and the construction and improvement of off-site roads, including McCain Valley Road and a new proposed road from Ribbonwood Road to McCain Valley Road. The MUP would authorize this Major Impact Service and Utility use pursuant to Section 1350 of the Zoning Ordinance. The GPA would change the Boulevard Subregional Plan to exempt the proposed project from two goals and eight policies and the Zoning Ordinance Amendment would exempt the project from the required height and setback limitations for Large Wind Turbine Systems. The project site consists of 16 parcels in the unincorporated area of San Diego county generally located along McCain Valley Road, north and south of Interstate 8 within the Mountain Empire and Boulevard Subregional Plan areas (2008 Thomas Guide Page 1300, F-7, G-7, F-6, G-6, H-6, J-6, H-5, J-5, H-4, J-4, D-3, E-3, F-3, G-3, H-3, J-3, D-2, E-2, F-2, G-2, H-2, D-1, E-1, Page 430, D-7, D-8). As a condition of the County’s approval of the Tule Wind Energy project, the applicant is required to enter into an agreement with the County to implement mitigation measures related to potential fire impacts as specified in the Environmental Impact Report. The Fire Protection Mitigation Agreement will require Tule Wind LLC to provide funding to the County for use by the San Diego County Fire Authority to mitigate risks of wildfires and to enhance fire suppression and emergency medical support services in the Project area. Authorization for the execution of similar agreements for the ESJ Gen-Tie and ECO project is requested in a separate Board Action on today’s agenda. The EIR analyzed three energy projects to be located in the same general area: ESJ’s U.S. Generator Transmission Line, San Diego Gas & Electric’s (SDG&E) East County Substation and Tule Wind LLC’s, Tule Wind Energy Project. SDG&E’s project is under the jurisdiction of the California Public Utilities Commission (CPUC). The CPUC approval requires SDG&E to comply with the mitigation measures required by the EIR. This project is not a part of another item on today’s agenda related to ESJ’s U.S. Generator Transmission Line project. However, both projects were analyzed in the same EIR. LISTNUM \l 1 \s 0 FISCAL IMPACT: MacroButton NoMacro Funds for this request are not included in the Fiscal Year 2012-13 Operational Plan in the Public Safety Group Executive Office, San Diego County Fire Authority. If approved this request will result in LISTNUM \l 1 \s 0 current year cost and revenue of $75,900 plus $996.44 per acre occupied. The funding source is revenue from the Tule Wind LLC agreement. There will be no change in net General Fund cost and will result in one staff year. This agreement will fund 55% of one staff year. Additional agreements will provide a proportional share of funding totaling 45% for one staff year. Staff will return to your Board to appropriate funds and request approval of one staff year. LISTNUM \l 1 \s 0 BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/A LISTNUM \l 1 \s 0 RECOMMENDATION:PLANNING COMMISSIONAdopt the Environmental Findings and CEQA Findings included in Attachments E and F. Grant Major Use Permit 3300 09-019 (MUP) for the project as modified and described in the MUP, make the findings, and impose the requirements and conditions described in the MUP (Attachment B) and approve the Fire Protection and Mitigation Agreement between the County of San Diego and Tule Wind LLC and authorize the County Fire Warden or his designee to sign the agreement for the County (Attachment K). Deny GPA 11-001 for the reasons stated and discussed in this report. Deny Zoning Ordinance Amendment 12-002 for the reasons stated and discussed in this report. Require Tule Wind LLC to enter into an agreement to defend and indemnify the County in accordance with County Code section 86.201 et seq. If litigation is filed challenging the Board’s action on this project, require Tule Wind LLC to provide security in the amount of $250,000.00 in the form of an irrevocable letter of credit or bond, in a form acceptable to County Counsel within 10 days of the litigation being filed.DEPARTMENT OF PLANNING AND LAND USE LISTNUM \l 1 \s 0 The Department of Planning and Land Use concurs with the recommendation of the Planning Commission.CHIEF ADMINISTRATIVE OFFICERApprove and authorize the County Fire Warden or his designee to execute and administer the Fire Protection and Mitigation Agreement with Tule Wind LLC (Attachment K). Upon execution of the Fire Protection and Mitigation Agreement with Tule Wind LLC, authorize the Auditor and Controller to establish an interest bearing trust fund in the Public Safety Group Executive Office, San Diego County Fire Authority for the funding collected through the agreement, with interest earned directly credited to the trust fund. LISTNUM \l 1 \s 0 5.1ACTION:A motion was made by Supervisor Jacob, seconded by Supervisor Slater-Price, to deny the project.AYES: Jacob, Slater-Price NOES: Cox, Roberts, Horn(This motion failed due to lack of majority vote.)5.2ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board closed the Hearing and took the following actions:Adopted the Environmental Findings included in Attachment E and the CEQA findings as amended for the project as approved by the Board. Granted Major Use Permit 3300 09-019 (MUP) for the project as described in the MUP, made the findings, and imposed the requirements and conditions described in the MUPin the Tule Wind Project Approval Package August 8, 2012, Exhibit B, provided by the applicant, as amended pursuant to the Board’s direction, and approved the Fire Protection and Mitigation Agreement between the County of San Diego and Tule Wind LLC and authorized the County Fire Warden or his designee to sign the agreement for the County (Attachment K). Adopted Resolution No. 12-138, entitled: A RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS ADOPTING GENERAL PLAN AMENDMENT (GPA) 3800 11-001. Adopted Ordinance No. 10220 (N.S.), entitled: AN ORDINANCE AMENDING SAN DIEGO COUNTY ZONING ORDINANCE SECTION 6951 RELATED TO HEIGHT AND SETBACK REQUIREMENTS FOR SPECIFIC LARGE WIND TURBINE PROJECT (REZ3600 12-002).Required Tule Wind LLC to enter into an agreement to defend and indemnify the County in accordance with County Code section 86.201 et seq. If litigation is filed challenging the Board’s action on this project, required Tule Wind LLC to provide security in the amount of $250,000.00 in the form of an irrevocable letter of credit or bond, in a form acceptable to County Counsel within 10 days of the litigation being filed.Approved and authorized the County Fire Warden or his designee to execute and administer the Fire Protection and Mitigation Agreement with Tule Wind LLC (Attachment K). Upon execution of the Fire Protection and Mitigation Agreement with Tule Wind LLC, authorized the Auditor and Controller to establish an interest bearing trust fund in the Public Safety Group Executive Office, San Diego County Fire Authority for the funding collected through the agreement, with interest earned directly credited to the trust fund. Directed the Chief Administrative Officer to include amendments to the Major Use Permit that allow the five wind turbines proposed by the applicant and that allow the portion of the transmission line north of Interstate 8, which parallels the Sunrise Powerlink, to be installed overhead if the United States Department of the Interior Bureau of Land Management (BLM) approves the transmission line on BLM land being installed overhead. The portion of the transmission line south of Interstate 8 will be undergrounded. AYES: Cox, Roberts, HornNOES: Jacob, Slater-Price6.SUBJECT: MacroButton NoMacro NOTICED PUBLIC HEARING:HEARING TO CONFIRM FISCAL YEAR 2012-13 ASSESSMENTS IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT AND LANDSCAPE MAINTENANCE DISTRICT ZONES NO. 1 AND NO. 2 – (6/20/12 - Set Hearing; 8/8/12 - Hearing) (DISTRICTS: All) OVERVIEW: MacroButton NoMacro MacroButton NoMacro This item addresses the continuation of existing street lighting and landscape maintenance assessments for Fiscal Year 2012-13 with rate changes to Landscape Maintenance District Zone No. 1. Each year a public hearing is held to confirm benefit levies for street lighting and landscape maintenance districts for the coming fiscal year. San Diego County Lighting DistrictThe San Diego County Street Lighting District (SDCSL District) operates and maintains approximately 10,000 public street lights in unincorporated San Diego county and is dedicated to providing quality street light service at a low cost to property owners. Funding for the SDCSL District is through a small portion of property tax and assessments charged to benefiting properties. Assessments are based on traffic generation for each type of land use, with a single-family residence being assigned one unit of benefit. Funding for the SDCSL District is sufficient to operate and maintain the County’s street lights for the next fiscal year without a rate increase. The proposed assessment rate for the SDCSL District for Fiscal Year 2012-13 is the current rate of $6.48 per single family home per year. Among all street lighting district jurisdictions in the San Diego region, the County’s assessment rate remains the lowest and has not increased since Fiscal Year 2008-09.Landscape Maintenance District Zone No. 1Landscape Maintenance District Zone (LMD) No. 1 was established to supplement revenue assessed by County Service Area No. 26 – Rancho San Diego for park operation, maintenance and improvements within the LMD No. 1 boundary. In Fiscal Year 2012-13, LMD No. 1 will increase the assessment rate of $29.50 to $30.38 per single family home per year per Consumer Price Index contained in the annual Engineer’s Report.Landscape Maintenance District Zone No. 2Landscape Maintenance District Zone (LMD) No. 2 – Julian (Jess Martin Park) was established to fund ongoing maintenance of amenities and construction of minor capital improvements at Jess Martin Park in the community of Julian. There is no proposed increase in assessment rate for Fiscal Year 2012-13 for LMD No. 2. The assessment rate will remain at the current assessment rate of $47.82 per single family home per year.This action requires two steps. The proposed assessments must be confirmed by the Board at an annual public hearing. On June 20, 2012, the actions requested are to approve the Engineer’s Reports for the San Diego County Street Lighting District and LMD Nos. 1 and 2, and to set a public hearing date of August 8, 2012. If the Board takes these actions on June 20, 2012, then at the hearing on August 8, 2012, after hearing public testimony, the Board will be asked to consider adopting resolutions confirming the assessments. These actions are discretionary after consideration of public testimony. LISTNUM \l 1 \s 0 FISCAL IMPACT: MacroButton NoMacro MacroButton NoMacro There is no proposed increase in assessments for the San Diego County Street Lighting District for Fiscal Year 2012-13. The proposed increase of $7,827 for Landscape Maintenance District Zone No 1 is included in the Proposed Fiscal Year 2012-13 Operational Plan for Landscape Maintenance District Zone No. 1. There is no proposed increase in assessments for Fiscal Year 2012-13 for Landscape Maintenance District Zone No. 2. The proposed assessment levies are consistent with revenues shown in the proposed budgets for the assessment districts, and have no impact on County General Fund. If approved, these requests will result in no additional current year costs, no annual cost and will require no additional staff years.BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/AARECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1.Adopt a Resolution entitled: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT.2.Adopt a Resolution entitled: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENTS IN THE LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 1.3.Adopt a Resolution entitled: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENTS IN THE LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2. LISTNUM \l 1 \s 0 ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent, adopting Resolution No. 12-132, entitled: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENTS IN THE SAN DIEGO COUNTY STREET LIGHTING DISTRICT; adopting Resolution No. 12-133,entitled: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENTS IN THE LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 1; and adopting Resolution No. 12-134, entitled: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENTS IN THE LANDSCAPE MAINTENANCE DISTRICT ZONE NO. 2.AYES: Cox, Jacob, Slater-Price, Roberts, Horn7.SUBJECT: MacroButton NoMacro NOTICED PUBLIC HEARING:LAKESIDE UNIFIED SCHOOL DISTRICT – ACQUISITION OF 13.88 ACRES FOR EQUESTRIAN FACILITY AND APPROVAL OF LEASE (7/11/2012 – Set Hearing; 8/8/2012 – Hold Hearing) (DISTRICT: 2)OVERVIEW: MacroButton NoMacro The County has identified 13.88 acres located at the northeast corner of Willow Road and Moreno Avenue within the community of Lakeside for a future equestrian facility (Thomas Guide page 1232 B-1). The appraised value of the property is $400,000. Today’s request requires two steps. On July 11, 2012, it is requested that the Board set a hearing for August 8, 2012, and provide public notice of the hearing. If the Board takes the actions recommended on July 11, 2012, then on August 8, 2012, after making the necessary environmental findings, the Board is requested to approve the purchase of the 13.88-acre parcel identified as Assessor’s Parcel Number 392-030-37 from the Lakeside Union School District for the appraised value of $400,000. In addition, the Board is requested to approve a five-year lease with the current tenant, Sun Bar Roping Club, with an option for either party to terminate at one year. FISCAL IMPACT: MacroButton NoMacro Funds for this request are not included in the Fiscal Year 2012-13 Proposed Operational Plan for the Capital Outlay Fund. If approved, this request will result in a total one-time cost of $453,200 for Lakeside Equestrian Acquisition itemized as follows: $400,000 for the property acquisition, $46,200 for staff and appraisal expenses to complete the transaction, $5,000 for escrow and title fees, $2,000 for one-time land protection activities including signage and stormwater and vegetation management. The funding source is an Operating Transfer from the General Fund due to the cancellation of appropriations for Capital Project 1009548, Lakeside Soccer Fields Acquisition. If approved, the lease with Sun Bar Roping Club will result in $8,400 annual revenue. Ongoing operations and maintenance costs on the property will be the responsibility of Sun Bar Roping Club for the duration of the lease. There will be no change in current year net General Fund costs and no additional staff years.BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/ARECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1.Find, in accordance with Section 15316 of the California Environmental Quality Act (CEQA) Guidelines that the purchase of APN 392-030-37 is categorically exempt from the provisions of the CEQA guidelines, as it involves the transfer of ownership of land in order to create parks.2.Approve the Purchase and Sale Agreement and Joint Escrow Instructions (Agreement) for the purchase of 13.88 acres from Lakeside Union School District APN 392-030-37 for the appraised value of $400,000. 3.Authorize the Director of the Department of General Services, or designee, to execute all escrow and related documents necessary to complete the purchase.4.Cancel appropriations of $453,200 and related Operating Transfer from the General Fund in the Capital Outlay Fund for Capital Project 1009548, Lakeside Soccer Fields Acquisition to provide funding for the Lakeside Equestrian Acquisition. 5.Establish appropriations of $453,200 in the Capital Outlay Fund for Capital Project 1017325, Lakeside Equestrian Acquisition based on an Operating Transfer from the General Fund. (4 VOTES)6.Approve the Lease Agreement with Sun Bar Roping Club and authorize the Director of Department of General Services, or designee, to execute all documents related to the lease. (4 VOTES)ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board closed the Hearing and took action as recommended. AYES: Cox, Jacob, Slater-Price, Roberts, Horn8.SUBJECT: MacroButton NoMacro NOTICED PUBLIC HEARING:BOULDER OAKS PRESERVE – ACQUISITION OF 751.99 ACRES FOR OPEN SPACE (SALVATION ARMY) (6/27/2012 – Set Hearing; 8/8/2012 – Hold Hearing) (DISTRICT: 2)OVERVIEW: MacroButton NoMacro The County has identified 751.99 acres in Ramona to expand the County’s 1,215-acre Boulder Oaks Preserve and increase public access opportunities. The property, which features critical habitat in the South County Multiple Species Conservation Program, is located west of Mussey Grade Road and south of SR-67 (2011 Thomas Guide page 1191, J-2). The appraised value of the property is $6,555,000.Today’s request requires two steps. On June 27, 2012, it is requested that the Board set a hearing for August 8, 2012, and provide public notice of the hearing. If the Board takes the actions recommended for June 27, 2012, then on August 8, 2012, after making the necessary findings, the Board is requested to approve the purchase from Salvation Army of Assessor’s Parcel Numbers 322-030-02, -10; 322-031-01, -02, -05 (por.); 322-060-01, -08 (por.), -09, -10 (por.); 322-061-03 and 327-011-29 for the appraised value of $6,555,000.FISCAL IMPACT: MacroButton NoMacro Funds for this request are included in the Fiscal Year 2011-12 Operational Plan for Multiple Species Conservation Program (MSCP) Acquisitions Fund. If approved, this request will result in a current year cost of $7,444,300 itemized as follows: $6,555,000 for property acquisition, $69,700 for staff, due diligence and appraisal expenses to complete the transaction, $15,600 to survey the area reserved for Salvation Army, $16,000 for closing and title costs and $788,000 in one-time land protection costs, including a resource management plan. Total annual costs for land stewardship, adaptive management, and monitoring of the 751.99 acres are estimated at $98,989 per year. This includes an annual savings of $24,261 in fuel, staff travel time, and transportation costs due to movement of Department of Parks and Recreation staff and equipment to the property. In addition, there will be an annual cost of $7,865 for fixed charge assessments including vector control, water standby and paramedic services. The funding source will be general purpose revenues and will be provided for in future Operational Plans. There will be no change in current year net General Fund costs and no additional staff years.BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/ARECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1.Find, in accordance with Section 15325 of the CEQA Guidelines, that the purchase of APNs 322-030-02, -10; 322-031-01, -02, -05 (por.); 322-060-01, -08 (por.), -09, -10 (por.); 322-061-03 and 327-011-29 is categorically exempt from the provisions of the CEQA guidelines, as it involves the transfer of ownership of land to preserve open space and natural conditions. Authorize the Director of the Department of General Services to exercise the option to purchase from Salvation Army APNs 322-030-02, -10; 322-031-01, -02, -05 (por.); 322-060-01, -08 (por.), -09, -10 (por.); 322-061-03 and 327-011-29 for the appraised value of $6,555,000. Authorize the Director of the Department of General Services, or designee, to execute all escrow and related documents necessary to complete the purchase with the Salvation Army pursuant to the terms of the Option Agreement, Purchase and Sale Agreement.Authorize the Director of the Department of General Services, or designee, to execute a Road Maintenance Agreement with the Salvation Army. ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board closed the Hearing and took action as recommended, on Consent. AYES: Cox, Jacob, Slater-Price, Roberts, Horn9.SUBJECT: MacroButton NoMacro LAND DEVELOPMENT PERFORMANCE REVIEW COMMITTEE CREATION (DISTRICTS: ALL) OVERVIEW: MacroButton NoMacro On March 28, 2012 (5) and May 9, 2012 (2), the Board of Supervisors provided direction for staff to improve the land development permitting process for customers. The Board determined that an external review committee would introduce a level of certainty that the Board direction and other process improvements are fully and continuously implemented as part of an overall continuous improvement program. The mission of this committee, named the Land Development Performance Review Committee, is to work with County staff to develop meaningful performance measures that capture project timelines and costs to demonstrate efficiencies gained over time through process improvements.Today’s request would result in the adoption of a resolution creating the Land Development Performance Review Committee. Once created, applications would be solicited and staff will return in Fall 2012 for committee appointment. LISTNUM \l 1 \s 0 FISCAL IMPACT: MacroButton NoMacro There is no fiscal impact associated with today’s request to adopt a resolution creating the Land Development Performance Review Committee. Funds for the Review Committee are included in the Fiscal Year 2012-13 Operational Plan for the Department of Planning and Land Use. The funding source is the General Fund ($4,000). There will be no change in net General Fund cost and no additional staff years. LISTNUM \l 1 \s 0 BUSINESS IMPACT STATEMENT: MacroButton NoMacro Continuously improving the land development permitting process will benefit customers, communities and the County by streamlining timelines while maintaining the goal of safe and livable communities. LISTNUM \l 1 \s 0 RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERAdopt the Resolution entitled: A Resolution of the Board of Supervisors Establishing the Land Development Performance Review Committee. LISTNUM \l 1 \s 0 ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Resolution No. 12-135, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS ESTABLISHING THE LAND DEVELOPMENT PERFORMANCE REVIEW COMMITTEE.AYES: Cox, Jacob, Slater-Price, Roberts, Horn10.SUBJECT:County of San Diego Tract NO. 4736-1 (final map no. 13856): Approval of amendment to joint agreement to improve subdivision (EXTENSION OF TIME AND substitution of security) for PUBLIC AND Private Improvements Located in BONSALL COMMUNITY PLAN AREA (DISTRICT: 5)OVERVIEW:This project is a subdivision consisting of 165fillin "" \d "" residential lots and two open space lots on a total of 449.54 acres. It is located in the Bonsall area on the north side of Gopher Canyon Road at Vista Valley Road (57th Edition Thomas Guide, Page 1068-C6fillin "" \d ""). This project is being brought before the Board for approval of Amendment to Joint Agreement to Improve Subdivision (Extension of Time and Substitution of Security) for public and privatefillin "" \d "" improvements.FISCAL IMPACT: MacroButton NoMacro MacroButton NoMacro MacroButton NoMacro N/A MacroButton NoMacro LISTNUM \l 1 \s 0 BUSINESS IMPACT STATEMENT: MacroButton NoMacro MacroButton NoMacro MacroButton NoMacro N/A LISTNUM \l 1 \s 0 RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICER1.Approve and authorize Clerk of the Board to execute Amendment to Joint Agreement to Improve Subdivision (Extension of Time and Substitution of Security) for public and privatefillin "" \d "" improvements (Attachment B).2.Approve and authorize Clerk of the Board to execute Joint Lien Contract (Attachment C) and Holding Agreement No. 1082-0310-00 (Attachment D).3.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 Joint Lien Contract (Attachment C), Holding Agreement (Attachment D), and Grant Deed (Attachment E).4.Direct the Clerk of the Board to cause the Faithful Performance Bond (Bond No. SD00100648) and Labor and Material Bond (Bond No. SD00100648) for the Joint Improvement Agreement to be released after the lien established by the Joint Lien Contract is substituted for the bonds.ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent. AYES: Cox, Jacob, Slater-Price, Roberts, Horn11.SUBJECT: MacroButton NoMacro FREEWAY AGREEMENT FOR STATE ROUTE 905 (FROM 0.26 MILE EAST OF SANYO AVENUE TO ENRICO FERMI DRIVE) IN EAST OTAY MESA (DISTRICT: 1) OVERVIEW: MacroButton NoMacro The California Department of Transportation (Caltrans) is planning to construct a project on State Route 905 (SR 905). This segment of the SR 905 project will construct a four-lane local access road/ramp segment from the SR 905/SR 125 interchange east to the intersection with Enrico Fermi Drive (57th Edition Thomas Guide, Page 1352, B2). This will be a new alignment where there is no existing road. The alignment will be south of the existing Otay Mesa Road, which Caltrans maintains, and which has been serving as the SR 905 alignment. In order to begin obtaining rights of way for the new alignment, Caltrans has requested a freeway agreement with the County. The purpose of the freeway agreement is to define general responsibilities of each of the agencies for closure, relocation, construction and maintenance of roads in the unincorporated area which will be affected by the SR 905 project. The freeway agreement would be followed by a more detailed cooperative agreement to be brought to your Board once additional components are negotiated for all terms that relate to the County Maintained Road System.This is a request to enter into a freeway agreement with Caltrans for this phase of the SR 905 project. Upon approval of the freeway agreement, Caltrans will have the ability to initiate first written offers for right-of-way acquisition of property within the unincorporated area necessary for construction of this segment of the SR 905 project. Caltrans is finalizing the engineering design for this segment of the SR 905 project and construction is currently scheduled to begin in the fall of 2013. LISTNUM \l 1 \s 0 FISCAL IMPACT:If approved, this request will result in no costs and revenue in Fiscal Year 2012-13. There will be no change in net General Fund cost and no additional staff years. BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/A LISTNUM \l 1 \s 0 RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERFind in accordance with the State CEQA Guidelines and federal law, that the County of San Diego, as a responsible agency under CEQA, has considered the environmental effects of the project as shown in the Final Environmental Impact Statement/ Final Environmental Impact Report (FEIS/FEIR), dated July 2004 and approved by the Federal Highway Administration July 23, 2004, or in the CEQA Final EIR certified by Caltrans on July 7, 2004, and has reached its own conclusions on whether and how to approve the project; andFind that no changes in the project or in the circumstances under which it is undertaken involve significant new environmental impacts which were not considered in the previously approved Final Environmental Impact Statement/ Final Environmental Impact Report (FEIS/FEIR), dated July 2004 and approved by the Federal Highway Administration July 23, 2004, or in the CEQA Final EIR certified by Caltrans on July 7, 2004; and that no new information of substantial importance has become available since said documents were prepared; review and consider the information contained therein. Approve and authorize the Clerk of the Board to execute, upon receipt, four copies of the Freeway Agreement with Caltrans for State Route 905, from .26 miles East of Sanyo Avenue to Enrico Fermi Drive. LISTNUM \l 1 \s 0 ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent. AYES: Cox, Jacob, Slater-Price, Roberts, Horn12.SUBJECT: MacroButton NoMacro DEPARTMENT OF PARKS AND RECREATION – APPROVAL OF NEW LEASE AGREEMENTS AT TIJUANA RIVER VALLEY REGIONAL PARK AND AMENDMENTS TO EXISTING LEASE AT SWEETWATER VALLEY REGIONAL PARK AND AGUA CALIENTE PARK (DISTRICTS: 1 & 2) OVERVIEW: MacroButton NoMacro The County has four existing leases in Sweetwater Valley Regional Park, Tijuana River Valley Regional Park, and Agua Caliente Park which are near their expiration date or have expired and are presently on holdover. The lessees are maintaining the lease premises and are current in their lease payments. The lessees wish to continue their current operations within these three County parks. The County benefits by the continuation of these leases through the generation of increased revenue to help offset County Park’s management and maintenance expenses. Two of the lessees (Dan and Barbara Murray and Sungrown Organic Distributors, Inc.) desire to execute new leases with the County, while the other two lessees (Jennifer Getto and Ben Schultz, dba Desert Tower) desire to execute amendments to their existing leases to extend the term and include other necessary modifications for the administration of these leases. The proposed rental rates for all four leases have been reviewed by staff and have been determined to be at market rate and consistent with the Department of Parks and Recreation Cost Recovery, Resource Allocation and Revenue Enhancement Plan approved by the Board October 25, 2011. The lessees will remain responsible for all utilities and normal maintenance of the lease premises.Today’s requested action is to approve the continued leasing of these County park properties and to authorize the Director, Department of General Services to execute two new leases and two lease amendments and to take any other actions necessary to administer these leases and to exercise any extension options. LISTNUM \l 1 \s 0 FISCAL IMPACT: MacroButton NoMacro Funds for this request are included in the Fiscal Year 2012-13 Operational Plan for the Department of Parks and Recreation. If approved, this request will result in annual lease revenue of $80,676 in Fiscal Year 2012-13, with a 3% annual rent increase thereafter. The lessee is responsible for any utility costs associated with the rental properties. There will be no change in the net General Fund costs and no additional staff years. LISTNUM \l 1 \s 0 BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/A LISTNUM \l 1 \s 0 RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERFind that the proposed projects are exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15301. Approve and authorize the Director, Department of General Services, subject to the approval of the Director of Department of Parks and Recreation, to execute lease amendment with Jennifer Getto and to take any other actions necessary to administer the lease and to exercise any extension options. (4 VOTES)Approve and authorize the Director, Department of General Services, subject to the approval of the Director of Department of Parks and Recreation, to execute new lease agreements with Sungrown Organic Distributors, Inc. and to take any other actions necessary to administer the lease and to exercise any extension options. (4 VOTES)Approve and authorize the Director, Department of General Services, subject to the approval of the Director of Department of Parks and Recreation, to execute a new lease agreement with Dan and Barbara Murray and to take any other actions necessary to administer the lease and to exercise any extension options. (4 VOTES)Approve and authorize the Director, Department of General Services, subject to the approval of the Director of Department of Parks and Recreation, to execute lease amendment with Ben Schultz and to take any other actions necessary to administer the lease and to exercise any extension options. (4 VOTES) LISTNUM \l 1 \s 0 ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent. AYES: Cox, Jacob, Slater-Price, Roberts, Horn13.SUBJECT: MacroButton NoMacro ESTABLISHMENT OF APPROPRIATIONS AND APPROVAL OF THIRD AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND JULIAN UNION SCHOOL DISTRICT FOR IMPROVEMENTS AT JULIAN ELEMENTARY SCHOOL AND JULIAN JUNIOR HIGH SCHOOL (DISTRICT: 2) OVERVIEW:The Julian Union School District owns and manages the Julian Elementary School and the Julian Junior High School (Thomas Guide page 1136, B-7). The County and Julian Union School District have a Joint Exercise of Powers Agreement (JEPA) for operations, maintenance and the funding of improvements at Julian Elementary and Junior High Schools. The Julian Union School District and the Julian Community Planning Group have requested $11,500 in Palomar/Julian Park Lands Dedication Ordinance (PLDO) funds for recreational facility improvements at Julian Elementary and Junior High Schools. Improvements include picnic tables with benches and a grill, a gate and fencing to provide separation of the sports fields, playground and picnic area. The Department of Parks and Recreation (DPR) determined that the proposed improvements are an appropriate use of PLDO funds and will provide additional recreational and communal opportunities for the residents of Julian. The requested action will authorize the Director of Parks and Recreation to execute a third amendment to the existing JEPA with the Julian Union School District and establish appropriations of $11,500 based on Palomar/Julian PLDO funds for costs related to the design and construction of recreational facility improvements at Julian Elementary School and Julian Junior High School. LISTNUM \l 1 \s 0 FISCAL IMPACT: MacroButton NoMacro Funds for this request are not included in the Fiscal Year 2012-13 Operational Plan for Palomar/Julian Park Lands Dedication Ordinance (PLDO) Fund. If approved, this request will result in current year cost of $11,500. The funding source is Palomar/Julian PLDO Fund fund balance available. There will be no change in net General Fund cost and no additional staff years. Upon completion of the improvements, annual operations and maintenance will be the responsibility of the Julian Union School District. LISTNUM \l 1 \s 0 BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/A LISTNUM \l 1 \s 0 RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERFind that the proposed project is exempt from California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15303. Establish appropriations of $11,500 in the Palomar/Julian Park Lands Dedication Ordinance (PLDO) Fund for facility improvements at Julian Elementary School and Julian Junior High School based on fund balance available. (4 VOTES)Authorize the Director of the Department of Parks and Recreation to execute the Third Amendment to the Joint Exercise of Powers Agreement (JEPA) between the County and the Julian Union School District in the amount of $11,500 for recreational facility improvements at Julian Elementary School and Julian Junior High School. LISTNUM \l 1 \s 0 ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent. AYES: Cox, Jacob, Slater-Price, Roberts, Horn14.SUBJECT: MacroButton NoMacro TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (DISTRICTS: 1, 2 & 5 ) OVERVIEW: MacroButton NoMacro The Traffic Advisory Committee meets every six weeks to review proposed additions, deletions or changes to regulatory traffic controls. Fourteen items were on the Committee’s June 15, 2012 meeting agenda. Five items (Items 5-B thru 5-F) were removed from the agenda by the Borrego Springs Community Sponsor Group (the requestor). The Committee recommends your action on the remaining nine items. LISTNUM \l 1 \s 0 FISCAL IMPACT: MacroButton NoMacro Funds for this proposal are included in the Department of Public Works Road Fund Fiscal Year 2011-12 Operational Plan. If approved, there will be no change in net General Fund cost and no additional staff years. LISTNUM \l 1 \s 0 BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/A LISTNUM \l 1 \s 0 RECOMMENDATION:TRAFFIC ADVISORY COMMITTEEDistrict 11-A Briarwood Road from State Route 54 southerly to Sweetwater Road (57th Edition Thomas Guide, Page 1290, H7) BONITA -- Direct the existing 40 MPH speed limit be recertified for continued radar enforcement.District 22-A Winter Gardens Boulevard and Winter Gardens Drive (57th Edition Thomas Guide, Page 1251, J1) LAKESIDE -- Place intersection on the County’s Traffic Signal Priority List.2-BEuclid Avenue from the El Cajon City Limit easterly to Valley View Boulevard (57th Edition Thomas Guide, Page 1252, C5) EL CAJON -- Direct the existing 40 MPH speed limit be recertified for continued radar enforcement.2-CApple Street from Grand Avenue easterly to Capistrano Avenue/Galopago Street (57th Edition Thomas Guide, Page 1291, C2) SPRING VALLEY -- Direct the existing 40 MPH speed limit be recertified for continued speed enforcement.District 55-A Discovery Street and San Pablo Drive (57th Edition Thomas Guide, Page 1128, D2) LAKE SAN MARCOS -- Place intersection on the County’s Traffic Signal Priority List.5-GMission Road from Iowa Street easterly to Industrial Way (57th Edition Thomas Guide, Page 1027, G2) FALLBROOK -- Direct the existing 35 MPH speed limit be recertified for radar speed enforcement.5-HMission Road from Industrial Way easterly to a point 450 feet east of Stage Coach Lane (57th Edition Thomas Guide, Page 1027, H1) FALLBROOK -- Direct the existing 45 MPH speed limit be recertified for radar speed enforcement.5-IMission Road from a point 450 feet east of Stage Coach Lane easterly to Old Highway 395 (57th Edition Thomas Guide, Page 1027, J1) FALLBROOK -- Direct the existing 45 MPH speed limit be recertified for radar speed enforcement.5-JSan Pablo Drive (both sides) from Discovery Street southerly to Fairway Circle Drive and from a point 1,100 feet north of San Marino Drive northerly 1,050 feet. The entirety of San Pablo Court (57th Edition Thomas Guide, Page 1128, D2) LAKE SAN MARCOS -- Establish interim parking prohibitions from 8 AM to 10 AM on School Days and their subsequent removal when construction at San Marcos High School is completed. The interim sign installations and their subsequent removal would be accomplished at the discretion of the Director of the Department of Public Works. CHIEF ADMINISTRATIVE OFFICERFind that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15301 of the state CEQA Guidelines.Adopt the Traffic Advisory Committee’s recommendations.Adopt the following resolution:RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO (ITEM 5-J). LISTNUM \l 1 \s 0 ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Resolution, entitled: Item 5-J, Resolution No. 12-136, entitled: RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO.AYES: Cox, Jacob, Slater-Price, Roberts, Horn15.SUBJECT:PROTECTING CITRUS TREES IN SAN DIEGO COUNTY FROM A DEVASTATING DISEASE (DISTRICTS: ALL)OVERVIEW: MACROBUTTON NoMacro The worst disease known to the citrus industry has arrived in California, placing agriculture officials and growers on high alert. The disease, known commonly as citrus greening, is transmitted by a tiny insect, the Asian citrus psyllid. Asian citrus psyllid has been detected in great numbers in the County of San Diego. Citrus greening poses severe threats to backyard trees and commercial groves. The disease has decimated citrus production in Florida, China and Brazil, causing billions of dollars in losses. In March, authorities confirmed California’s first case of citrus greening, on a backyard tree in Los Angeles County. Authorities removed the tree quickly for analysis and to contain the disease. Citrus greening, or huanglongbing, has no known cure. Asian citrus psyllid was first detected in the County of San Diego in 2008, and to date, authorities have trapped more than 2,000 of the flea-sized insects. Each psyllid or tissue from the host tree is tested. None have tested positive for huanglongbing – so far. Most of the county is under quarantine for Asian citrus psyllid. Huanglongbing imperils the county’s $78 million citrus crop and a state citrus industry valued at nearly $2 billion. While officials and growers brace for the arrival of the disease, the county’s agricultural commissioner warns that abandoned groves can harbor the Asian citrus psyllid and must be removed if the pest risk cannot be mitigated. The commissioner is appealing to owners of backyard trees to remain vigilant and urges the Board of Supervisors to support aggressive measures to combat the pest. The San Diego County Farm Bureau has issued a statement supporting the removal of abandoned citrus trees. LISTNUM \l 1 \s 0 FISCAL IMPACT:No General Fund impacts.BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/A LISTNUM \l 1 \s 0 RECOMMENDATION:SUPERVISOR SLATER-PRICEAdopt resolution entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE PROTECTION OF CITRUS TREES FROM A DEVASTATING DISEASE. LISTNUM \l 1 \s 0 ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Resolution No. 12-137, entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RELATING TO THE PROTECTION OF CITRUS TREES FROM A DEVASTATING DISEASE.AYES: Cox, Jacob, Slater-Price, Roberts, Horn16.SUBJECT:CLOSED SESSION (DISTRICTS: ALL)OVERVIEW:(CARRYOVER FROM 8/7/12, AGENDA NO. 25)CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9)Delton Curtis v. County of San Diego, et al.; San Diego County Superior Court No. 37-2011-00091341-CU-PO-CTLCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9Claud Morrison v. County of San Diego, et al.; San Diego County Superior Court No. 37-2011-00100685-CU-PO-CTLCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9Portillo Concrete, Inc. v. County of San Diego, et al.; San Diego County Superior Court No. 37-2012-00090731-CU-CO-CTLCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9County of San Diego v. The Pointe Development, et al.; Orange County Superior Court No. 30-2010-000363666-CU-BC (Rodr)PUBLIC EMPLOYEE PERFORMANCE EVALUATION – EMPLOYMENT(Government Code section 54957)Title: Chief Administrative OfficerOFF- AGENDA CONSIDERATION:PUBLIC EMPLOYEE APPOINTMENT - CHIEF ADMINISTRATIVE OFFICER(Government Code section 54957(b)(1)]16.1ACTION:ON MOTION of Supervisor Cox, seconded by Supervisor Jacob, the Board of Supervisors found that the need to take action arose subsequent to the Agenda being posted; adopted appropriate findings and placed the item on the agenda.AYES: Cox, Jacob, Slater-Price, Roberts, Horn16.2ACTION:In closed session on Tuesday, August 7, 2012, the Board of Supervisors took the following actions: Item 16C, Portillo Concrete, Inc. v. County of San Diego, a case involving a construction contract dispute, by vote of all five members of the Board present and voting “Aye,” authorized the County to forego an appeal from an arbitrator’s award; Item 16D, County of San Diego v. The Pointe Development, et.al: , a case involving a dispute over completion of public improvements as part of a residential development, by vote of all five members of the Board present and voting “Aye,” authorized the County to appeal from an adverse decision of the Superior Court. In closed session on Wednesday, August 8, 2012, the Board of Supervisors took the following actions: Off Agenda Item 1 – Public Employee Appointment - Chief Administrative Officer.? By a vote of all five members of the Board present and voting “AYE”, appointed Helen Robbins-Meyers Chief Administrative Officer of the County of San Diego effective December 1, 2012.17.SUBJECT: MACROBUTTON NoMacro PUBLIC COMMUNICATION (DISTRICTS: ALL)OVERVIEW:Ann Leatherbury spoke to the Board regarding the exception list to the 2020 General Plan.ACTION:Heard, referred to the Chief Administrative Officer.There being no further business, the Board adjourned at 4:57 p.m. in memory of Marvin Hamlisch, Donato Sanfilippo and Trenton Huls.THOMAS J. PASTUSZKAClerk of the Board of SupervisorsCounty of San Diego, State of CaliforniaConsent: SantosDiscussion: PanfilNOTE: 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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