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[ Statement of Proceedings | Calendar | Clerk of the Board ]
COUNTY OF SAN DIEGO
STATEMENT OF PROCEEDINGS
REGULAR MEETING OF BOARD OF SUPERVISORS
WEDNESDAY, MAY 6, 1998
MORNING SESSION
Meeting was called to order at 9:11 a.m.
Present: Supervisors Greg Cox, Chairman; Pam Slater, Vice Chair; Dianne Jacob, Ron Roberts and Bill Horn; also Sandra G. Carter, Assistant Clerk.
Approval of Statement of Proceedings/Minutes for Meeting of April 22, 1998.
ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board of Supervisors approved the minutes for the meeting of April 22, 1998.
AYES: Cox, Jacob, Horn
ABSENT: Slater, Roberts
Board of Supervisors' Agenda Items
PUBLIC COMMUNICATION
Opportunity for Members of the Public to Speak to the Board on Any Subject Matter Within the Board's Jurisdiction But Not An Item on Today's Agenda.
1. |
Continued Noticed Public Hearing: Appeal of a Planning and Environmental Review Board Denial of a Time Extension for Polo Club Subdivision by Shawky Ghattas of SMG Investment Corporation, Tentative Map (TM) 4736RPL4 Time Extension and Major Use Permit P92-019, Bonsall Community Planning Area |
2. |
Noticed Public Hearing: POD 98-06; Zoning Ordinance Landscape Plan Procedure Amendments |
3. |
Multiple Species Conservation Plan Tax Incentive Program |
4. |
Analysis of the Impacts of the Proposed Rural Heritage and Watershed Initiative |
5. |
This is a Request to Terminate Offers of Dedication on Via Ambiente by Adopting Resolutions Terminating said Offers, Located in the San Dieguito Planning Group Area |
6. |
Approve the Amendment to Agreement to Improve Subdivision (Substitution of Parties) and the Amendment to Agreement to Improve Subdivision (Landscape and Irrigation Only) for County of San Diego Tract 5085-1, Final Map 13523, Located in the Alpine Community Planning Area |
7. |
Administrative Item: Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract No. 5119-1 Located in the San Dieguito Community Plan Area (Relates to Sanitation District Agenda No. 1) |
8. |
This is a Request to Initiate Reversion to Acreage Proceedings on County of San Diego Tracts 3702-1 and 3702-2, Final Maps 10201 and 10202 Respectively, Located in the Lakeside Planning Group Area (Relates to Sanitation District Agenda No. 2) |
9. |
Closed Session (Carryover Item from 5/5/98, Agenda No. 18) |
1. SUBJECT: Continued Noticed Public Hearing:
(Supv. Dist: 5)
This is an appeal of the Planning and Environmental Review Board's decision to deny a Time Extension for a 165-lot, 442-acre Planned Residential Development previously approved by the Board of Supervisors because it does not conform to the current Bonsall Community Plan. The site is located on the north side of Gopher Canyon Road, three miles west of Interstate 15, north of Vista Valley Country Club in the community of Bonsall. It is designated (17) Estate on the Bonsall Community Plan, categorized Estate Development Area on the San Diego County Regional Land Use Element, and zoned RR.5 (Rural Residential) and A70 (2) (Limited Agriculture).
This proposal will not have an impact on the business community.
Deny the appeal and adopt the Resolution and Form of Decision denying TM 4736RPL4 Time Extension/P92-019TE which makes the appropriate findings.
The Department of Planning and Land Use concurs with the recommendation of the Planning and Environmental Review Board.
ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors withdrew the item at the request of the Chief Administrative Officer, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
2. SUBJECT: Noticed Public Hearing:
(Supv. Dist: All)
Supervisor Horn Board letter dated February 11, 1998 (4).
This is a hearing to consider proposed amendments to The Zoning Ordinance and County procedures concerning the preparation and review of Landscape Plans required by the County. The proposed amendments would revise zoning regulations to eliminate the staff review of the ministerial and technical requirements for Landscape Plans prepared by California licensed landscape architects. Landscape architects would include signed statements of compliance with these County requirements on their landscape plans. For projects where discretionary permit requirements or community design guidelines are involved, landscape plans would receive a limited plan check by County staff for these items only.
This amendment proposal is expected to have a positive impact on the business community by streamlining the County Landscape Plan review process for California licensed landscape architects and reducing the likelihood and cost of related plan check fees.
1. Find that the proposed project, POD 98-06, is exempt from the California Environmental Quality Act as specified under Section 15309 of the California Environmental Quality ActGuidelines because the proposed Zoning Ordinance amendments address the inspection of landscape plans and County methods of checking for performance of landscape architects (Submitted Attachment A).
2. Adopt the submitted Form of Ordinance:
AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO LANDSCAPE PLAN REVIEW PROCEDURES (Submitted Attachment B).
ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board of Supervisors continued the matter to June 17, 1998.
AYES: Cox, Jacob, Slater, Roberts, Horn
3. SUBJECT: Multiple Species Conservation Plan Tax Incentive Program
(Supv. Dist: All)
The Multiple Species Conservation Plan (MSCP) Deal Points approved by the Board of Supervisors included a goal to establish incentives to encourage voluntary participation in the MSCP. A method that could serve as an incentive for property owners to participate when there are no plans to develop the land, would be to allow the landowner to enter into a mitigation agreement that would exempt the dedicated open space from taxation. While the property owner could receive a tax break, the property owner will also benefit from receiving take authority under the MSCP agreement for agricultural activities. The people of San Diego County will also benefit as these voluntary dedications from the private sector will be counted towards the County's contribution for acreage in the MSCP.
There is no fiscal impact with this action.
1. Direct the Chief Administrative Officer (CAO) to return in 90 days with a Board of Supervisors Policy on the establishment of Mitigation Agreements with private land owners.
2. Direct County Counsel to prepare a draft form of agreement and standard Conservation Easement language that would implement said policy.
3. Direct the CAO to work with the Federal and State Wildlife Agencies to use the mitigation agreement as a basis for providing third party beneficiary status to land owners for that portion of the land which has been mitigated in advance by the agreement.
4. Direct the CAO to return in 90 days with a State legislative proposal that would allow the Assessor to assess the value of land subject to mitigation agreements and other lands dedicated for park purposes on an acreage basis, removing the land subject to mitigation agreement from valuation, as well as on fair market value.
5. Direct the CAO to report back with a recommendation in 90 days on an interim program, effective until State assessment law is amended, which would provide a County property tax refund to those properties subject to a mitigation agreement that can demonstrate that they would receive a reduced tax bill under the County legislative proposal.
6. Direct the CAO to develop and implement a public outreach program to inform property
owners of the availability and benefits of this program.
ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts
NOES: Horn
4. SUBJECT: Analysis of the Impacts of the Proposed Rural Heritage and Watershed Initiative
(Supv. Dist: All)
Supervisors Jacob and Slater Board Letter adopted December 16, 1997 (1).
On December 16, 1997 (1), the Board of Supervisors directed the Chief Administrative Officer to review the Rural Heritage and Watershed Initiative and prepare a complete issue analysis of the implications of the Rural Heritage and Watershed Initiative on San Diego County.
This item is a Board of Supervisors request for information. Unless further inquiry is necessary, this report will have no fiscal impact.
Note and file report.
ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors received the report and directed the Chief Administrative Officer to: forward the report to all Community Planning and Sponsor Groups throughout the unincorporated area and the Cities, the City Planning Commissions, the elected officials in each of the Cities, each of the Chambers of Commerce within the region, all the water districts and any other potentially impacted district, San Diego Association of Governments; requested Supervisor Slater, as the County's representative, to take the report to the San Diego Association of Governments Executive Committee; and further directed the Chief Administrative Officer to come up with a side-by-side comparison of long-range planning vis-a-vis the General Plan Update 20/20 versus the Rural Heritage and Watershed Initiative to be distributed with the report.
AYES: Cox, Jacob, Slater, Roberts, Horn
5. SUBJECT: This is a Request to Terminate Offers of Dedication on Via Ambiente by Adopting Resolutions Terminating said Offers Located in the San Dieguito Planning Group Area
(Supv. Dist: 3)
This street is located in the Rancho Cielo area just north of Del Dios Highway. (Thomas Guide, Page 1148, H-6, J-6, J-5, J-3, J-2 and Page 1149, A-5, B-5, A-4, B-4, A-3, 1998 Edition)
1. Adopt the submitted Resolution Terminating Previously Rejected Offers terminating the previously rejected offers on Maps 11978, 11979 and 12905.
Direct the Clerk of the Board of Supervisors to record the adopted Resolution Terminating Previously Rejected Offers with the County Recorder.
2. Adopt the submitted Resolution Terminating Irrevocable Offers of Dedication terminating the offers of dedication.
Direct the Clerk of the Board of Supervisors to record the adopted Resolution Terminating Irrevocable Offers of Dedication with the County Recorder.
ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, adopting Resolution No. 98-119 entitled: RESOLUTION TERMINATING PREVIOUSLY REJECTED OFFERS, and Resolution No. 98-120 entitled: RESOLUTION TERMINATING IRREVOCABLE OFFERS OF DEDICATION, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
6. SUBJECT: Approve the Amendment to Agreement to Improve Subdivision (Substitution of Parties) and the Amendment to Agreement to Improve Subdivision (Landscape and Irrigation Only) for County of San Diego Tract 5085-1, Final Map 13523, Located in the Alpine Community Planning Area
(Supv. Dist: 2)
This is a request to amend the agreements to substitute the responsible parties for a recorded subdivision located in the Alpine area at the intersection of Tavern Road with Camino del Sequan. (Thomas Guide, Page 1254, A-2, 1998 Edition)
1. Approve the amendment entitled Amendment to Agreement to Improve Subdivision (Substitution of Parties) and authorize execution by the Clerk of the Board.
2. Approve the amendment entitled Amendment to Agreement to Improve Subdivision (Landscape and Irrigation Only) and authorize execution by the Clerk of the Board.
ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
7. SUBJECT: Administrative Item:
(Supv. Dist: 3)
This project is a subdivision consisting of 16 residential lots, 1 private street lot, and a total acreage of 94.47 acres.
It is located in the 4S Ranch area southwesterly of the intersection of Camino del Norte and Camino San Bernardo. (Thomas Guide, Page 1169, F-4, 1998 Edition)
1. Approve this map and accept on behalf of the public, subject to improvements, Camino San Bernardo, Arriba Linda Avenue, Santa Cristobal Street and La Alberce Avenue for use as streets as dedicated on said map.
2. Accept the access rights from lot 19 in and to La Alberca Avenue, from lots 3, 17, and 18 in and to Camino del Norte and from lots 1, 2, 3, 4, 5, 6 and 17 in and to Camino San Bernardo except at access openings No. 1, No. 2 and No. 3 as relinquished and waived on said map.
3. Accept the clear space easements as granted on said map.
4. Accept the sewer easements and the drainage easements as dedicated on said map.
5. Vacate on behalf of the public that portion, if any, of the public road per New Survey No. 3 lying within the boundary of said map.
6. Approve the Joint Agreement to Improve Major Subdivision which includes the street improvements and drainage facilities, sewer facilities, water facilities, setting of final monuments, and authorize execution by the Clerk of the Board of Supervisors.
(Relates to Sanitation District Agenda No. 1)
ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
8. SUBJECT: This is a Request to Initiate Reversion to Acreage Proceedings on County of San Diego Tracts 3702-1 and 3702-2, Final Maps 10201 and 10202 Respectively, Located in the Lakeside Planning Group Area
(Supv. Dist: 2)
Tract 3702-1 is a planned development consisting of 140 residential lots with a maximum of 140 dwelling units, 1 private street lot, 9 open space lots, 1 recreation lot, 1 commercial use lot and a total acreage of 395.43 acres.
Tract 3702-2 is a planned development consisting of 110 residential lots with a maximum of 110 dwelling units, 2 private street lots, 6 open space lots, and a total acreage of 407.11 acres.
They are located in the Muth Valley area on the westerly side of Wildcat Canyon Road, approximately two miles northerly from Lakeside. (Thomas Guide, Page 1212, C & D-4, 5 and 6, 1998 Edition)
1. Initiate, by motion, proceedings to revert County of San Diego Tracts 3702-1 and 3702-2 to acreage pursuant to Section 66499.12 of the Subdivision Map Act.
2. Direct the Chief Administrative Officer to return with sufficient information to make the findings required by Section 66499.1 of the Subdivision Map Act.
1. Upon receipt, approve the Agreement to Improve Major Subdivision for Tract 3702-1 which includes the street improvements and drainage facilities, the sewer facilities, the water facilities, the setting of final monuments, the erosion control work and authorize execution by the Clerk of the Board of Supervisors.
2. Upon receipt, approve the Agreement to Improve Major Subdivision for Tract 3702-2 which includes the street improvements and drainage facilities, the sewer facilities, the water facilities, the setting of final monuments, the erosion control work and authorize execution by the Clerk of the Board of Supervisors.
3. Upon receipt, accept the letters of credit for performance of erosion control work on both tracts.
4. Upon receipt, Direct the Clerk of the Board of Supervisors to release the existing surety bonds issued by North American Reinsurance and Employers Reinsurance and the existing letters of credit issued by Bank of America.
(Relates to Sanitation District Agenda No. 2)
ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors continued the matter to June 17, 1998, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
9. SUBJECT: Closed Session
(Supv. Dist: All)
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
San Elijo Ranch, Inc., et al. v. County of San Diego, et al.; Riverside County Superior Court No. 272265/Court of Appeal No. E019371
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
County of San Diego, et al. v. City of San Marcos, et al.; Riverside Superior Court No. 292531
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Kay Ryan, et al. v. Greg Cox, et al.; Riverside Superior Court No. 304694
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Dependency Attorney Panel, Inc. v. County of San Diego, et al.; Superior Court No. 719057
E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
County of San Diego v. San Marcos Redevelopment Agency, et al.; Superior Court No. 708905
F. CONFERENCE WITH LEGAL COUNSEL - THREATENED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9
No. Of Potential Cases 1
G. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Chief Administrative Officer
H. CONFERENCE WITH LABOR NEGOTIATORS
Negotiator's Name: Carlos Arauz, Madge Blakey, Dan Kelley, Mike Kolb, and Carole McCown
Employee Organizations: All
No reportable matters.
There being no further business, the Board adjourned at 11:55 a.m.
THOMAS J. PASTUSZKA
Clerk of the Board of Supervisors
County of San Diego, State of California
Notes by:
Egan
- - -
NOTE: This Statement of Proceedings sets forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up.
Dist 1 Greg Cox |
Dist 2 Dianne Jacob | Dist 3 Pam Slater
Dist 4 Ron Roberts | Dist 5 Bill Horn
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