COUNTY OF SAN DIEGO BOARD OF SUPERVISORS



STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, MAY 7, 2003, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

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

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

Board of Supervisors’ Agenda Items

|1. |NOTICED PUBLIC HEARING: |

| |MORTON; GENERAL PLAN AMENDMENT (GPA 99-03), ZONE RECLASSIFICATION (R98-007), ALPINE COMMUNITY PLANNING AREA |

|2. |NOTICED PUBLIC HEARING: |

| |QUAIL RIDGE; SPECIFIC PLAN (SP 00-05), ZONE RECLASSIFICATION (R00-011), TENTATIVE MAP (TM 5185RPL3), ADMINISTRATIVE PERMIT (AD |

| |99-058) |

|3. |NOTICED PUBLIC HEARING: |

| |MIRAMAR DRIVE: DELETION FROM GENERAL PLAN CIRCULATION ELEMENT, NORTH COUNTY METROPOLITAN SUBREGIONAL PLANNING AREA |

|4. |NOTICED PUBLIC HEARING: |

| |RAMONA AIRPORT MITIGATION – ACQUISITION OF PORTIONS OF ASSESSOR’S PARCEL NUMBERS 277-121-02 AND 13 |

| |[FUNDING SOURCE(S): AIRPORT ENTERPRISE FUND] |

|5. |SET HEARING FOR 6/11/03 |

| |MULTIPLE SPECIES CONSERVATION PROGRAM – THE ACQUISITION OF ASSESSOR’S PARCEL NUMBERS 322-050-01; 322-061-02; 324-021-03; 324-030-03;|

| |324-031-01; 324-060-03; 329-011-01; AND 329-040-01 (MORGAN FINE ARTS, INC.) |

| |[FUNDING SOURCE(S): CALIFORNIA WILDLIFE CONSERVATION BOARD GRANT FUNDS AND BUDGETED MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) |

| |GENERAL FUNDS AVAILABLE IN CAPITAL PROJECT KA9500 – MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) ACQUISITIONS] |

|6. |SALE OF MITIGATION CREDITS FROM THE RANCHO SAN DIEGO MITIGATION BANK TO CALIFORNIA TRANSPORTATION VENTURES FOR CONSTRUCTION OF STATE|

| |ROUTE 125 |

| |(4 VOTES) |

|7. |ADVERTISE AND AWARD CONTRACT FOR CONCRETE CURBS, GUTTERS AND SIDEWALKS IN UNINCORPORATED AREA OF SAN DIEGO COUNTY |

| |[FUNDING SOURCE(S): GAS TAX] |

|8. |TWO-YEAR 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 STATE HEALTH |

| |REALIGNMENT VEHICLE LICENSE FEE REVENUE] |

|9. |APPROVAL OF FOURTH AMENDMENT TO THE ACCELA, INC. CONTRACT FOR KIVA SOFTWARE, SOFTWARE DEVELOPMENT, AND LICENSES |

|10. |COUNTY TRACT NO. 4992-1: APPROVAL OF AMENDMENT TO JOINT AGREEMENT TO IMPROVE SUBDIVISION, RELEASE OF JOINT LIEN CONTRACT, |

| |TERMINATION OF HOLDING AGREEMENT, LOCATED IN HIDDEN MEADOWS PLANNING AREA |

|11. |CONTINUED NOTICED PUBLIC HEARING: |

| |AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE, THE COUNTY CODE, AND THE RESOURCE PROTECTION ORDINANCE TO ELIMINATE THE|

| |NEED FOR COUNTY PARKS TO OBTAIN A MAJOR USE PERMIT (POD 01-05) |

| |(CARRYOVER FROM 4/30/03 AGENDA ITEM NO. 3) |

|12. |PUBLIC COMMUNICATION |

|13. |CLOSED SESSION |

| |(CARRYOVER FROM 5/6/03 AGENDA ITEM NO. 14) |

|14. |PRESENTATION/AWARDS |

|1. |SUBJECT: |NOTICED PUBLIC HEARING: |

| | |MORTON; GENERAL PLAN AMENDMENT (GPA 99-03), ZONE RECLASSIFICATION (R98-007), ALPINE COMMUNITY PLANNING |

| | |AREA (DISTRICT: 2) |

| |OVERVIEW: |

| |This is a recommendation for denial for a General Plan Amendment (GPA 99-03) to change the Land Use Designation from the (17) |

| |Estate Residential designation to the (12) Neighborhood Commercial designation and a concurrent Zone Reclassification (R98-007) to|

| |change the zoning from the A70(2) Limited Agriculture Use Regulations, 1 dwelling unit per 2 acres, to the C32 Convenience |

| |Commercial Use Regulations on this 1.2 acre site. The site is subject to the Estate Development Area Regional Category. The site|

| |is within the Alpine Community Plan area and is located at the southeast corner of the intersection of Dunbar Lane and Chocolate |

| |Summit Drive, north of Interstate 8. |

| | |

| |This item has been continued a total of four times: at the originally scheduled hearing on August 8, 2001 (3), and again on |

| |October 31, 2001 (1), February 13, 2002 (1), and May 15, 2002 (2). These continuances were made to allow the applicant time to |

| |work with the Alpine Planning Group on changes for the area that may be proposed as part of General Plan 2020. The Planning Group|

| |has not changed its position, adopted March 22, 2001 on this project. Further, at a Special Meeting on General Plan 2020 held |

| |June 6, 2002, the Alpine Planning Group voted 14-0 to recommend that the commercial area be removed around Dunbar Lane in future |

| |General Plan 2020 maps. At the time this report was prepared, the applicant had not requested another continuance. Therefore, |

| |this report transmits the Planning Commission recommendation for denial of the project. |

| |FISCAL IMPACT: |

| |N/A |

| |RECOMMENDATION: |

| |PLANNING COMMISSION: |

| |Adopt the Resolution denying GPA 99-03 and Rezone 98-007 for the reasons stated therein (Attachment B) and discussed in this |

| |report and the attached Land Use Analysis (Attachment K). |

| | |

| |DEPARTMENT OF PLANNING AND LAND USE: |

| |The Department of Planning and Land Use concurs. |

| |ACTION: |

| |ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board of Supervisors continued this item to June 18, 2003 at |

| |9:00 a.m.. |

| |AYES: Cox, Jacob, Slater, Roberts, Horn |

|2. |SUBJECT: |NOTICED PUBLIC HEARING: |

| | |QUAIL RIDGE; SPECIFIC PLAN (SP 00-05), ZONE RECLASSIFICATION (R00-011), TENTATIVE MAP (TM 5185RPL3), |

| | |ADMINISTRATIVE PERMIT (AD 99-058) (DISTRICT: 5) |

| |OVERVIEW: |

| |This is an application for a Specific Plan and implementing Zone Reclassification, Tentative Map, and Administrative Permit for a |

| |clustered residential development of 69 residential lots on 234 acres. Proposed residential lots range in size from 2 acres to |

| |3.5 acres. The site is in the Estate Development Area Regional Category and the (17) Estate Residential and (18) Multiple Rural |

| |Use Land Use Designations in the San Dieguito Community Plan Area. Zoning is RR, Rural Residential Use Regulations, with 2-, 4- |

| |and 8-acre minimum lot sizes. The site is located northeasterly of Elfin Forest Road and east of Fortuna del Norte and Carib |

| |Drive. |

| |FISCAL IMPACT: |

| |N/A |

| |RECOMMENDATION: |

| |PLANNING COMMISSION: |

| |Adopt the Resolution denying SP 00-05, R00-011, TM 5185RPL3 and AD 99-058 (Attachment A) for the reasons included in the staff |

| |report. |

| | |

| |DEPARTMENT OF PLANNING AND LAND USE: |

| |The Department of Planning and Land Use concurs. |

| |ACTION: |

| |ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors continued this item to July 30, 2003, at |

| |9:00 a.m., on Consent. |

| |AYES: Cox, Jacob, Slater, Roberts, Horn |

| |

| |

|3. |SUBJECT: |NOTICED PUBLIC HEARING: |

| | |MIRAMAR DRIVE: DELETION FROM GENERAL PLAN CIRCULATION ELEMENT, NORTH COUNTY METROPOLITAN SUBREGIONAL |

| | |PLANNING AREA (DISTRICT: 5) |

| |OVERVIEW: |

| |Miramar Drive is located within the North County Metropolitan Subregional Planning Area, between the Cities of Vista and |

| |Oceanside. Miramar Drive is a remnant of a previous Circulation Element corridor extending to Sycamore Avenue. The portion of the|

| |corridor within the City of Vista was deleted from the City’s Circulation Element many years ago and a residential development has|

| |since been built in the area. |

| | |

| |A segment of the road corridor, approximately 3,000 feet in length, remains on the County’s General Plan Circulation Element. |

| |(Thomas Guide: page 1107, H2, 2003 Edition). A traffic study completed by the County determined that there would be no significant|

| |impact on the local circulation system by deleting the road segment from the Circulation Element of the General Plan. There is, |

| |accordingly, no reason for the County portion of the road to remain in the County’s General Plan Circulation Element. |

| | |

| |This is a proposal to adopt a Resolution approving a General Plan Amendment to delete Miramar Drive between Mar Vista Drive and |

| |the City of Vista, from the Circulation Element of the County of San Diego General Plan. |

| |FISCAL IMPACT: |

| |N/A |

| |RECOMMENDATION: |

| |PLANNING COMMISSION |

| |Find, on the basis of the whole record, that there is no substantial evidence that the project will have a significant effect on |

| |the environment. Consider the Negative Declaration for the Miramar Drive Circulation Element dated January 9, 2003, together |

| |with comments received during public review, and adopt it, finding that it reflects the independent judgment and analysis of the |

| |Board of Supervisors. |

| |Adopt the Final Resolution approving the Amendment (GPA 03-CE1) deleting Miramar Drive (SC1240) between Mar Vista Drive (SA471) |

| |and the City of Vista from Sheet 2 of the County of San Diego’s General Plan Circulation Element. |

| |ACTION: |

| |ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors closed the hearing and took action as |

| |recommended, on Consent, adopting Resolution No. 03-079, entitled: A RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS |

| |ADOPTING GENERAL PLAN AMENDMENT (GPA) 03-CE1. |

| |AYES: Cox, Jacob, Slater, Roberts, Horn |

| |

| |

|4. |SUBJECT: |NOTICED PUBLIC HEARING: |

| | |RAMONA AIRPORT MITIGATION – ACQUISITION OF PORTIONS OF ASSESSOR’S PARCEL NUMBERS 277-121-02 AND 13 |

| | |(DISTRICT: 2) |

| |OVERVIEW: |

| |On May 23, 2001 (18), the Board of Supervisors adopted a resolution authorizing applications and agreements for federal and state |

| |funding for Borrego Valley Airport, Fallbrook Community Airport and Ramona Airport. |

| | |

| |Over the past two years, the County has applied for and received in excess of $5,000,000 in federal grants for construction of the|

| |Ramona Airport Improvement Project. The project includes the construction of a new sewer line, 1000-foot runway extension and |

| |control tower. As a condition of the Army Corps of Engineers Nationwide Section 404 permit, the Department of Public Works is |

| |required to mitigate in the immediate area of the Ramona Airport for the project’s impacts to jurisdictional areas by creating and|

| |preserving wetlands. This mitigation requirement will be partially satisfied by the purchase of a 10.19-acre parcel from the |

| |Cagney Family Trust. The property is considered premium mitigation land as it contains wetland areas highly desirable for both |

| |creation and preservation. |

| | |

| |On April 9, 2003 (9), the Board set a hearing date for May 7, 2003 to consider the purchase of portions of Assessor’s Parcel |

| |Numbers 277-121-02 and 13 (Thomas Brothers 1171 J1) from the Cagney Trust for the appraised value of $149,300. The Board is |

| |requested to approve the contracts for the purchase of these parcels. |

| |FISCAL IMPACT: |

| |Funds for the proposal are budgeted. The funding source is the Airport Enterprise Fund. If approved, this request will result in|

| |a current year cost of $149,300 to purchase the property, no annual cost, and will require the addition of no staff years. There |

| |will be no cost to the General Fund resulting from this action. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find, in accordance with Section 15325 of the California Environmental Quality Act (CEQA) Guidelines, that the proposed |

| |acquisition is exempt from CEQA, as it involves the acquisition of land to preserve and restore open space and natural habitat. |

| | |

| |Approve the Purchase and Sale agreement for Assessor’s Parcel Numbers 277-121-02 and 13 for $149,300 and authorize the Clerk of |

| |the Board to execute two copies of the agreement |

| | |

| |Authorize the Director, Department of General Services, or assignee, to execute all escrow and related documents necessary to |

| |complete the purchase. |

| |ACTION: |

| |ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors closed the hearing and took action as |

| |recommended, on Consent. |

| |AYES: Cox, Jacob, Slater, Roberts, Horn |

| |

| |

|5. |SUBJECT: |SET HEARING FOR 6/11/03 |

| | |MULTIPLE SPECIES CONSERVATION PROGRAM – THE ACQUISITION OF ASSESSOR’S PARCEL NUMBERS 322-050-01; |

| | |322-061-02; 324-021-03; 324-030-03; 324-031-01; 324-060-03; 329-011-01; AND 329-040-01 (MORGAN FINE ARTS,|

| | |INC.) (DISTRICT: 2) |

| |OVERVIEW: |

| |The purchase of the 1,214.72-acre Boulder Oaks Ranch is part of an ongoing acquisition program to assemble and preserve important |

| |habitat lands identified in the County of San Diego Multiple Species Conservation Program (MSCP). These parcels lie within the |

| |Iron Mountain Ridge Cañada de San Vicente Area, which includes the Boulder Oaks Ranch. |

| | |

| |The State of California, federal government and other agencies have committed to partner with the County of San Diego to acquire |

| |or fund the acquisition of habitat lands within the Multiple Species Conservation Program (MSCP) Preserve areas. To that end, the|

| |U.S. Fish and Wildlife Service, the California Wildlife Conservation Board and the Department of Fish and Game have worked with |

| |the County Department of Parks and Recreation to identify potential sites within the limits of San Diego County. |

| | |

| |The Board is requested to set a hearing for June 11, 2003 to consider the purchase of Boulder Oaks Ranch from Morgan Fine Arts, |

| |Inc. for the appraised value of $4,410,000. The property consists of 1,214.72 acres located off of Mussey Grade Road, |

| |approximately 6 miles south of Ramona (Thomas Bros. Map reference 1191-J4). |

| |FISCAL IMPACT: |

| |There is no fiscal impact associated with this request to publish the Notice of Intention to Purchase and to set the hearing to |

| |consider approval of the purchase. Should the Board approve the purchase on June 11, 2003, the funding sources will be California|

| |Wildlife Conservation Board grant funds and budgeted Multiple Species Conservation Program (MSCP) General Funds available in |

| |Capital Project KA9500 – Multiple Species Conservation Program (MSCP) Acquisitions. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Direct the Clerk of the Board of Supervisors to publish the required Notice of Intention to Purchase in accordance with Government|

| |Code Section 25350 and 6063. |

| |Set this matter for June 11, 2003, at which time the Board may consummate the purchase of Assessor’s Parcel Numbers 322-050-01; |

| |322-061-02; 324-021-03; 324-030-03; 324-031-01; 324-060-03; 329-011-01; 329-040-01 from Morgan Fine Arts, Inc. for the appraised |

| |value of $4,410,000. |

| |ACTION: |

| |ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent, |

| |setting hearing for June 11, 2003. |

| |AYES: Cox, Jacob, Slater, Roberts, Horn |

| |

| |

|6. |SUBJECT: |SALE OF MITIGATION CREDITS FROM THE RANCHO SAN DIEGO MITIGATION BANK TO CALIFORNIA TRANSPORTATION |

| | |VENTURES FOR CONSTRUCTION OF STATE ROUTE 125 (DISTRICT: 1) |

| |OVERVIEW: |

| |On December 11, 2002 (5), the Board authorized the Chief Administrative Officer to enter into negotiations for an agreement to |

| |sell mitigation credits in the Rancho San Diego Mitigation Bank to California Transportation Ventures for the sole purpose of the |

| |mitigation of the construction of the State Route 125 toll road to be considered at a future meeting of the Board. |

| | |

| |This item requests the Board to authorize the sale of Rancho San Diego Mitigation Bank credits to California Transportation |

| |Ventures for $350,000. The sale includes one (1) Least bell’s vireo credit and three (3) credits for the California gnatcatcher.|

| | |

| | |

| |State Route 125 in the southwestern part of the County is being constructed through a partnership among the California Department |

| |of Transportation, California Transportation Ventures and San Diego Association of Governments. The San Diego Association of |

| |Governments and the California Department of Transportation are responsible for the mitigation of the access roads and on and off |

| |ramps of the highway (Gap and Connector segments) while California Transportation Ventures is responsible for the mitigation of |

| |the toll road portion of the highway itself. California Transportation Ventures has requested to acquire credits for their |

| |mitigation requirements from the bank owned by the San Diego Association of Governments, the California Department of |

| |Transportation, and the County. |

| | |

| | |

| |California Transportation Ventures requested suitable mitigation credits for one (1) pair of Least Bell’s vireo and three (3) |

| |pairs of California gnatcatcher from the County’s portion of the mitigation bank. |

| |FISCAL IMPACT: |

| |Approval of the proposed conveyances will produce over realized revenue of $350,000 in Fiscal Year 2002/2003. These monies will |

| |be deposited into the Road Fund for Department of Public Works projects. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER: |

| |Find that in accordance with Section 15060(c)(3) of the California Environmental Quality Act Guidelines, that the requested action|

| |is exempt from the California Environmental Quality Act because it consists of the sale of mitigation credits and is not a project|

| |as defined in Section 15378. |

| | |

| |Authorize and direct the Director, Department of General Services, to execute the appropriate conveyance documents as approved by |

| |County Counsel and perform all other necessary actions to complete the transactions of the sale to California Transportation |

| |Ventures of one (1) mitigation credit for the Least Bell’s vireo and three (3) mitigation credits for California gnatcatcher for a|

| |total consideration of $350,000 (4 VOTES). |

| | |

| |Authorize the Chief Financial Officer, Auditor and Controller, to deposit all proceeds of this sale into the Road Fund for |

| |Department of Public Work projects. |

| |ACTION: |

| |ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent. |

| |AYES: Cox, Jacob, Slater, Roberts, Horn |

| |

| |

|7. |SUBJECT: |ADVERTISE AND AWARD CONTRACT FOR CONCRETE CURBS, GUTTERS AND SIDEWALKS IN UNINCORPORATED AREA OF SAN |

| | |DIEGO COUNTY (DISTRICT: 1, 2 AND 5) |

| |OVERVIEW: |

| |This annual curbs, gutters and sidewalks construction project will contribute to the revitalization of surrounding areas by |

| |improving pedestrian safety and street drainage. Improvements included in this contract will be performed in various communities |

| |in the unincorporated San Diego County. |

| | |

| | |

| |This is a request to authorize advertisement and subsequent award to the lowest responsible bidder a contract to remove and |

| |replace damaged curbs, gutters and sidewalks and to construct pedestrian ramps and cross gutters in the unincorporated area of San|

| |Diego County. |

| |FISCAL IMPACT: |

| |Funds for this project are budgeted in the Department of Public Works Fiscal Year 2002-03 Detailed Work Program. The funding |

| |source is Gas Tax. If approved, this request will result in $300,000 current year costs, no annual cost and will require no |

| |additional staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find in accordance with Section 15301(c) of the California Environmental Quality Act (CEQA) Guidelines that this project is |

| |categorically exempt from the provisions of CEQA since it consists of maintenance of existing facilities with no increase in |

| |capacity. |

| | |

| |Authorize the Director, Department of Purchasing and Contracting, to take any action authorized by Article XIII Section 403 of the|

| |Administrative Code with respect to contracting for the subject public works project. |

| | |

| |Designate the Director, Department of Public Works as the County Officer responsible for administering the project in accordance |

| |with Board Policy F-41. |

| |ACTION: |

| |ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent. |

| |AYES: Cox, Jacob, Slater, Roberts, Horn |

| |

| |

|8. |SUBJECT: |TWO-YEAR REVENUE AGREEMENT WITH THE STATE OF CALIFORNIA FOR ENFORCEMENT OF THE STATE RADIATION CONTROL |

| | |LAW (DISTRICT: ALL) |

| |OVERVIEW: |

| |The Radiation Health Branch of the Department of Environmental Health enforces the State Radiation Control Law by performing |

| |inspections and investigations of radioactive material users and radiation-producing machines. This program ensures compliance |

| |with all applicable state and federal regulations and general radiological health practices. Further, the program also ensures |

| |that the citizens and environment of San Diego County are protected from the harmful effects of radiation, by minimizing exposure|

| |to technicians, researchers, patients, and the general public. |

| | |

| |The Department of Environmental Health requests approval for a two-year revenue agreement with the California Department of Health|

| |Services in the amount of $602,644 for FY 2003-04 and $602,644 for FY 2004-05 to enforce the Radiation Control Law in San Diego |

| |County. This agreement, which has received annual Board approval since 1986, ensures that radioactive materials and x-ray |

| |machines are in compliance with license conditions and applicable federal and state regulations. |

| |FISCAL IMPACT: |

| |Funds for this request are included in the approved Fiscal Year 2003-04 Operational Plan for the Department of Environmental |

| |Health in the amount of $809,258. The funding source is the revenue agreement with the California Department of Health Services |

| |Radiological Health Branch and State Health Realignment Vehicle License Fee revenue. As a result of budget constraints at the |

| |State level, the maximum allowable reimbursement for Fiscal Year 2003-04 from the State has been limited to $602,644. If |

| |approved, this request will result in $602,644 in State contract revenue. This is not a full cost recovery contract. Estimated |

| |direct costs of $206,614 and indirect external overhead costs of $21,246 will not be offset in Fiscal Year 2003-04 by contract |

| |revenue. The direct cost of $206,614, which is over the contract revenue amount, will be funded from State Health Realignment |

| |Vehicle License Fee revenue budgeted in the Department of Environmental Health. |

| | |

| |Funds for this request are included in the proposed Fiscal Year 2004-05 Operational Plan for the Department of Environmental |

| |Health in the amount of $845,498. The funding sources are the revenue agreement with the California Department of Health Services|

| |Radiological Health Branch and State Health Realignment Vehicle License Fee revenue. As a result of budget constraints at the |

| |State level, the maximum allowable reimbursement for FY 2004-05 from the State has been limited to $602,644. If approved, this |

| |request will result in $602,644 in State contract revenue. This is not a full cost recovery contract. Estimated direct costs of |

| |$242,854 and indirect external overhead costs of $24,425 will not be offset by contract revenue in Fiscal Year 2004-05. The |

| |direct cost of $242,854, over the contract amount, will be offset by State Health Realignment Vehicle License Fee revenue budgeted|

| |in the Department of Environmental Health. |

| | |

| |No additional County general purpose revenues, beyond what is currently in the approved Fiscal Year 2003-04 and proposed Fiscal |

| |Year 2004-05 Operational Plan, are required and there is no increase in staff years. |

| |BUSINESS IMPACT STATEMENT: |

| |This program benefits businesses that use radioactive materials and/or radiological equipment by preventing unnecessary ionizing |

| |radiation exposure to their employees, patients and the general public. |

| | |

| | |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |In accordance with Section 15308 of the California Environmental Quality Act (CEQA) guidelines, find that this action is exempt |

| |from CEQA because it is an action taken by a regulatory agency to assure the protection of the environment. |

| |Approve and authorize the Director of Environmental Health to execute the 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 |

| |$602,644 for the period July 1, 2003 through June 30, 2004 and $602,644 for the period of July 1, 2004 through June 30, 2005. |

| |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. |

| |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 Roberts, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent. |

| |AYES: Cox, Jacob, Slater, Roberts, Horn |

| |

| |

|9. |SUBJECT: |APPROVAL OF FOURTH AMENDMENT TO THE ACCELA, INC. CONTRACT FOR KIVA SOFTWARE, SOFTWARE DEVELOPMENT, AND |

| | |LICENSES (DISTRICTS: ALL) |

| |OVERVIEW: |

| |On August 6, 1996 (28), the Board of Supervisors approved a proposal authorizing the Department of Environmental Health, the |

| |Department of Public Works, and the Department of Planning and Land Use, to develop a single system to provide an automation of |

| |land development and building permitting services to the public. Subsequent Board approvals have enabled environmental health |

| |permits and discretionary permits to be part of the single system, called KIVA, or the Automated Permit System. This software was|

| |originally purchased from KIVA through a competitive bid in 1997. In 2001, the KIVA company became a wholly owned subsidiary of |

| |Accela, Inc. |

| | |

| |This is a request for approval to make a fourth amendment to the Accela, Inc. contract to add $216,100 for the period May 1, 2003 |

| |to June 30, 2004 to provide software, software development and customization, project management and training, as well as licenses|

| |and software maintenance for KIVA. If approved, this request will result in an Internet portal (KIVAnet Citizen) for Land Use and|

| |Environment Group customers to conduct business and research. This portal has been requested by both residential customers and |

| |industry groups seeking a more effective way to do business with the County. KIVAnet Citizen will allow customers to submit |

| |electronic plans with their permit and electronic payment. |

| | |

| |The proposed fourth amendment will add $216,100 to the Accela Inc. contract. The KIVAnet Citizen license and software development|

| |will cost $180,100, with software maintenance fees at $36,000 per year. We anticipate that the above expenditures will result in|

| |an Internet portal to be offered to customers by Spring of 2004. |

| | |

| |The Department of Environmental Health is working closely with the Department of Public Works, the Department of Planning and Land|

| |Use, the Land Use and Environment Group Information Technology Manager, County Technology Office and the Pennant Alliance. Over |

| |the past three years, representatives from each of these departments have met on a weekly basis to ensure that all uses of the |

| |KIVA software are compatible across the enterprise. These weekly meetings have forged a rapport across the departments, |

| |ultimately building a network of staff active in this forum for communication exchange. |

| |FISCAL IMPACT: |

| |Funds for this proposal are budgeted in each department for Fiscal Years 2002-03 and 2003-04, both of which are covered by the |

| |amendment to the contract. If approved, this request will result in total additional costs of $216,100, to be shared between the |

| |Department of Environmental Health ($72,034), the Department of Public Works ($72,033), and the Department of Planning and Land |

| |Use ($72,033). Funding for the Department of Environmental Health segment of this request was transferred to the Department of |

| |Environmental Health from Land Use and Environment Group reserves on March 11, 2003 (17). No additional staff years are required |

| |for this project. |

| |BUSINESS IMPACT STATEMENT: |

| |Approval of this request will positively impact the local business community, as customers will be able apply online for |

| |ministerial and discretionary permits, as well as registrations to operate a business. Furthermore, customers will have the |

| |ability to query the database for permits and registrations in the context of geography or permit type. The Land Use and |

| |Environment Group departments also have the option of allowing customers to file complaints or requests for service via the |

| |Internet. Providing these services online offers our customers an alternative to applying for permits in person, and or calling |

| |in for permit or inspection status. This proposal will increase the efficiency of the Land Use and Environment Group staff by |

| |providing a single source to research information on permits, fees, inspection results and investigations. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find in accordance with Section 15061(b)(3) of the California Environmental Quality Act Guidelines that it can be seen with |

| |certainty there is no possibility the activity in question may have a significant effect on the environment and that it is |

| |therefore not subject to the California Environmental Quality Act. |

| | |

| |In accordance with Board Policy A-87, Competitive Procurement, approve and authorize execution by the Director of the Department |

| |of Purchasing and Contracting, of a fourth amendment to the Accela, Inc contract to add $216,100 for the period May 1, 2003 to |

| |June 30, 2004 to provide software, software development and customization, procedures documentation, project management and |

| |training, as well as licenses and first year maintenance for KIVA. |

| | |

| |Authorize the Director of the Department of Purchasing and Contracting to acquire additional KIVA sources/services and amend the |

| |contract with Accela, Inc., subject to the review and approval of the Information Technology Management Committee. |

| |ACTION: |

| |ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent. |

| |AYES: Cox, Jacob, Slater, Roberts, Horn |

| |

| |

|10. |SUBJECT: |COUNTY TRACT NO. 4992-1: APPROVAL OF AMENDMENT TO JOINT AGREEMENT TO IMPROVE SUBDIVISION, RELEASE OF |

| | |JOINT LIEN CONTRACT, TERMINATION OF HOLDING AGREEMENT, LOCATED IN HIDDEN MEADOWS PLANNING AREA: |

| | |(DISTRICT: 5) |

| |OVERVIEW: |

| |This project is a subdivision consisting of 4 single-family lots and a total of 11.48 acres. It is located in the Jesmond Dene|

| |area on the northerly side of Jack Rabbit Acres, 1500 feet westerly from North Broadway. (Thomas Guide, Page 1109, G-4, 2003 |

| |Edition) |

| | |

| |This project is being brought before the Board for approval of Amendment To Joint Agreement to Improve Subdivision, Release of |

| |Joint Lien Contract and Termination of Joint Holding Agreement (including Substitution of Parties and Security). |

| |FISCAL IMPACT: |

| |N/A |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Approve and authorize Clerk of the Board of Supervisors to execute Amendment to Joint Agreement to Improve Subdivision, Release of|

| |Joint Lien Contract and Termination of Holding Agreement No. 82-0195-00 for Tract 4992-1 (Final Map 13413) (Attachment B), and to |

| |forward it to the County Recorder for recordation. |

| | |

| |Direct the Clerk of the Board of Supervisors to notify First American Trust, the holding company, that the Holding Agreement has |

| |been terminated. |

| |ACTION: |

| |ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors took action as recommended, on Consent. |

| |AYES: Cox, Jacob, Slater, Roberts, Horn |

| |

| |

|11. |SUBJECT: |CONTINUED NOTICED PUBLIC HEARING: |

| | |AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE, THE COUNTY CODE, AND THE RESOURCE PROTECTION|

| | |ORDINANCE TO ELIMINATE THE NEED FOR COUNTY PARKS TO OBTAIN A MAJOR USE PERMIT (POD 01-05) (DISTRICT: ALL)|

| | |(CARRYOVER FROM 4/30/03 AGENDA ITEM NO. 3) |

| |OVERVIEW: |

| |On April 30, 2003 (3), the Board continued the Hearing to May 7, 2003 at the request of the Chief Administrative Officer. |

| | |

| |Currently, County parks that were not developed or at least partially improved and in use as a public park prior to July 22, 1983 |

| |are required to obtain a Major Use Permit for development or improvement. The purpose of these amendments is to eliminate the |

| |Major Use Permit requirement while ensuring that any development or improvement of a County park remains subject to environmental |

| |protections, including those set forth in the Groundwater and Resource Protection Ordinances. This action would result in a more |

| |cost effective means for the Department of Parks and Recreation to develop or improve a park while ensuring that environmental |

| |requirements continue to be met and public review of park development or improvements and environmental analysis continues. |

| |FISCAL IMPACT: |

| |The proposed amendment would result in a savings of public funds as it would eliminate the cost of processing Major Use Permits |

| |and Major Use Permit modifications and the cost to the Department of Parks and Recreation to prepare the applications for those |

| |permits and public hearings. |

| |RECOMMENDATION: |

| |PLANNING COMMISSION: |

| |Find, on the basis of the whole record that there is no substantial evidence that the project will have a significant effect on |

| |the environment. Consider the Negative Declaration dated August 29, 2002, on file with the Department of Planning and Land Use as|

| |Environmental Review Number 02-00-001, together with comments received during public review, and adopt it, finding that it |

| |reflects the independent judgment and analysis of the Board of Supervisors (Attachment B). |

| | |

| |Approve the introduction of the Ordinance, (first reading), read title and waive further reading of the Ordinance. (Attachment A):|

| | |

| |AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE, THE COUNTY CODE, AND THE RESOURCE PROTECTION ORDINANCE TO ELIMINATE |

| |THE NEED FOR COUNTY PARKS TO OBTAIN A MAJOR USE PERMIT |

| | |

| |Submit the Ordinance for further Board consideration and adoption (second reading) on May 21, 2003. |

| | |

| |Adopt a Board Policy allowing appeals of proposed park development or improvements to be heard by the Planning Commission at the |

| |time a final concept plan is developed and at the end of the environmental review process and that the Planning Commission base |

| |its determination upon the findings required for a Major Use Permit. |

| | |

| |DEPARTMENT OF PLANNING AND LAND USE: |

| |Concur with the Planning Commission regarding recommendations 1 and 2. |

| | |

| |Direct the Department of Parks and Recreation to enact an in-house policy to hold a public meeting for any park development or |

| |improvements that would have formerly required a Major Use Permit or Major Use Permit Modification. |

| |ACTION: |

| |Amending Department of Planning and Land Use Recommendation # 2 to direct that a Board Policy be enacted that would involve |

| |Planning Groups and the public as reflected in the chart presented by the Department of Planning and Land Use, rather than an |

| |in-house policy; ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors took action as recommended|

| |by the Department of Planning and Land Use, introducing Ordinance for adoption on May 21, 2003. |

| |AYES: Cox, Jacob, Slater, Roberts, Horn |

| |

| |

|12. |SUBJECT: |PUBLIC COMMUNICATION |

| |William Milklin addressed the Board regarding Indian Trust Land. |

| | |

| |Kathleen Cleveland addressed the Board regarding SA830.2 Circulation Road. |

| |ACTION: |

| |Heard; referred to the Chief Administrative Officer. |

| |

| |

|13. |SUBJECT: |CLOSED SESSION (DISTRICT: ALL) |

| | |(CARRYOVER FROM 5/7/03 AGENDA ITEM NO. 14) |

| |A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION |

| |(Subdivision (a) of Government Code section 54956.9) |

| |C. Anthony Valladolid v. County of San Diego Board of Supervisors, et al.; San Diego Superior Court No. GIC 775976 |

| | |

| |B. CONFERENCE WITH LABOR NEGOTIATORS |

| |(Government Code section 54957.6) |

| |Designated Representatives: Carlos Arauz and Mike Kolb |

| |Employee Organizations: All |

| |ACTION: |

| |No reportable items. |

| | |

|14. |SUBJECT: |PRESENTATIONS/AWARDS |

| |Chairman Greg Cox presented a proclamation honoring National Tourism Week to Dr. Joyce Gattas, Second Vice Chair of San Diego |

| |CONVIS and Reint Reinders, President and CEO of San Diego CONVIS, and Eric Lund of the San Diego East Visitors Bureau. |

| | |

| |Vice Chairwoman Dianne Jacob presented a proclamation honoring Suicide Prevention Week to Principal Teresa Kemper and Assistant |

| |Principal Sam Lund of Grossmont High School, Lori Lindsey of the Resource Center, Felicia Wells of Harmonium, Beth Sise of the |

| |Children’s Health Improvement Partnership, Marty Giffen and Laurie Hawkins of Theraputic Services, Linda Blaire-Forth of |

| |Comprehensive Training Services, Kelly McDade of San Diego Youth and Community Services, Viviana Criado from Adult Protective |

| |Service Inc. (APSI) and the Psychiatric Emergency Response Team (PERT), Mark Refowitz from the County’s Adult and Older Adult |

| |Mental Health program, Dianne Lesher of the County Office of Violence Prevention, and Pam Smith of the East Region Human Services|

| |Council. |

| | |

| |Supervisor Ron Roberts presented a proclamation honoring McDonald’s Mother’s Day Breast Cancer Awareness Day to Tina Lewis and her|

| |husband Harold. |

There being no further business, the Board adjourned at 9:59 a.m. in memory of Judy Gilbert; Gerald Griffin Jr.; and Janna de Jong.

THOMAS J. PASTUSZKA

Clerk of the Board of Supervisors

County of San Diego, State of California

Notes by: Hall

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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