[ Statement of Proceedings | Calendar | Clerk of the Board ]
[ Statement of Proceedings | Calendar | Clerk of the Board ]
COUNTY OF SAN DIEGO
STATEMENT OF PROCEEDINGS
REGULAR MEETING OF BOARD OF SUPERVISORS
WEDNESDAY, DECEMBER 9, 1998
Meeting was called to order at 9:14 a.m.
Present: Supervisors Greg Cox, Chairman; Pam Slater, Vice Chair; Dianne Jacob; Ron Roberts and Bill Horn; also Sandra G. Carter, Assistant Clerk.
Pledge of Allegiance to the Flag led by Antonio Mendez Serrano, 6th grader, Central Elementary School, Imperial Beach.
PUBLIC COMMUNICATION
(No Speakers)
Board of Supervisors' Agenda Items
| 1. | Continued Noticed Public
Hearing: Request for Continuance of Hearing on Appeal of Approval of Vista San Luis Rey Tentative Map 4998RPL 5, Bonsall Community Plan Area (Carryover Item from 9/16/98, Agenda No. 1) |
| 2. | Noticed Public Hearing: Fraternity House, Inc.-Michaelle House Group Care Facility, Major Use Permit P97-014, Bonsall Community Plan Area |
| 3. | Noticed Public Hearing: The Trust for Public Land: Vacation of Open Space Easement and Termination of an Irrevocable Offer of Dedication, VAC 98-010, Jamul/Dulzura Community Planning Area (Carryover Item from 11/4/98, Agenda No. 3) |
| 4. | Set Hearing for 1/12/99, 9:00
a.m. Mountain Meadow Road Vacation, VAC 98-003, North County Metropolitan Community Planning Area |
| 5. | Valley Center Basin Study Final Report |
| 6. | Hidden Valley Estates; Status of Specific Plan SP 88-002 in Accordance with Board Policy I-59, Large Scale Project Review |
| 7. | Sufficiency of Relocation Impact Report Related to Proposed Closure of Elfin Forest Vacation Village Mobilehome Park (MHP 97-01), San Dieguito Community Plan Area |
| 8. | Applications to the State of
California for Allocations of Mortgage Credit Certificates in 1999 (Relates to Housing Authority Agenda No. 1) [Funding Source: Section 8, Earned Administrative Fees] |
| 9. | Administrative Item; Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract No. 4931-1, Located in the Ramona Area |
| 10. | Administrative Item: Extension of Time to Complete Improvements for Tentative Map Numbers: 4791-1, 4811-1, 4865-1, 4892-1, 4892-2, 4908-1, 4986-1, 5011-1, 5076-1, and 5085-1 |
| 11. | Release Existing Securities for County of San Diego Tract 4569-4; Located in the San Dieguito Planning Group Area |
| 12. | Administrative Item: Approval of a Final Map and Secured Agreement for Public and Private Improvements for County of San Diego Tract No. 4713-3, Located in the Fallbrook Planning Group Area |
1. SUBJECT: Continued Noticed Public Hearing:
(Supv. Dist: 5)
On September 16, 1998, the Board of Supervisors continued this item to allow the applicant the opportunity to obtain an updated sewer availability letter from the Rainbow Municipal Water District.
Continue the hearing at the applicant's request to February 17, 1999.
ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, continuing the hearing to February 17, 1999,
9:00 a.m.
AYES: Cox, Jacob, Slater, Roberts, Horn
2. SUBJECT: Noticed Public Hearing:
(Supv. Dist: 5)
This is an Appeal of the Planning Commission decision, to grant Major Use Permit (P97-014), which is to authorize the expansion of Michaelle House, an existing group care facility, located within an existing single-family dwelling unit to a maximum of 12 residents. The project site is located at 687 Riviera Court. It is subject to the RR1 Use Regulations and the (1) Residential Designation.
1. Find, on the basis of the whole record, that there is no substantial evidence that the proposed project will have a significant effect on the environment. Consider the Negative Declaration together with comments received during public review, and adopt it, finding that it reflects the independent judgement and analysis of the Board of Supervisors. (Submitted Attachment H)
2. Grant Major Use Permit P97-014 that makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with The Zoning Ordinance and State law. (Submitted Attachment D)
The Department concurs with the Planning Commission recommendation.
ON MOTION of Supervisor Horn, seconded by Supervisor Slater, the Board of Supervisors closed the hearing and took action as recommended.
AYES: Cox, Jacob, Slater, Roberts, Horn
3. SUBJECT: Noticed Public Hearing
(Supv. Dist: 2)
This is a request to vacate eight open space easements (seven biological and one archaeological) and termination of an Irrevocable Offer of Dedication within the Las Montanas Specific Plan Area (SPA 88-005). The easements and Irrevocable Offer of Dedication are located east of Steele Canyon Road and west of Lyons Valley Road adjacent to Highway 94 in the Community of Jamul. The project is located on moderate to steeply sloped topography. There are no existing buildings on the site.
1. Find, pursuant to Section 15061(b)(3) of the State of California Environmental Quality Act Guidelines that the requested Vacation is not subject to the environmental review process, because it can be seen with certainty that there is no possibility that it may have a significant effect on the environment.
2. Find that the project is in conformance with the San Diego County Multiple Species Conservation Program Subarea, Biological Mitigation Ordinance and Implementing Agreement (Submitted Attachment I)
3. Adopt the Resolution of Vacation (Submitted Attachment A) and direct the Clerk of the Board to record the Resolution of Vacation concurrently with the transfer of title ownership of the Las Montanas property from the Trust for Public Land to the United States Fish and Wildlife Service.
ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting Resolution No. 98-342, entitled: (CONDITIONAL VACATION) RESOLUTION OF VACATION OF STREET, HIGHWAY, OR PUBLIC SERVICE EASEMENT.
AYES: Cox, Jacob, Slater, Roberts, Horn
4. SUBJECT: Set Hearing for 1/12/99, 9:00 a.m.
(Supv. Dist: 5)
This is a request to adopt a Resolution of Intention to Vacate, and set a date for public hearing to vacate a portion of Mountain Meadow Road in the community of Hidden Meadows. This Vacation would vacate an approximately 0.2 mile segment of Mountain Meadow Road that was realigned to create a new intersection with the future alignment of Hidden Meadows Road.
Adopt the Form of Resolution of Intention to Vacate, which sets a public hearing for January 12, 1999 at 9:00 a.m.
ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors adopted Resolution No. 98-343, entitled: RESOLUTION OF INTENTION TO VACATE STREET, HIGHWAY, OR PUBLIC SERVICE EASEMENT; and set hearing for January 13, 1999, at 9:00 a.m., on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
5. SUBJECT: Valley Center Basin Study Final Report
(Supv. Dist: 5)
On August 5, 1997 (1), the Board directed the Chief Administrative Officer to develop a plan to modify or lift the Valley Center sewer moratorium. It was determined that a hydrological study of the Valley Center basin and an Environmental Impact Report are necessary to examine the impact of modifying or lifting the existing sewer moratorium. These elements were included as part of a workplan subsequently approved by the Board on September 16, 1997 (13). On April 28, 1998 (16), the findings of an interim report of the hydrological study of the Valley Center basin were presented to the Board.
Today, the Department of Environmental Health is presenting the results of the final report of the hydrological study of the Valley Center basin and an update on the Environmental Impact Report (EIR) to modify or lift the moratorium and waive Board Policy I-78, Small Wastewater Treatment Facilities. Data and findings from the completed hydrological study have resulted in a recommendation by the consultant that the moratorium can be removed.
Funds for the request are budgeted. The funding source is Community Development Block Grant Funds. Appropriations of $192,000 and $159,000 were previously approved by the Board for the Basic Study and the EIR, respectively.
1. Receive and file the final report on the hydrological study of the Valley Center basin.
2. Direct the Departments of Planning and Land Use and Environmental Health to return to the Board of Supervisors in June, 1999, with the final EIR and proposals for the Board to consider modifying or lifting the moratorium and permitting the use of alternative on-site sewage disposal systems.
ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
6. SUBJECT: Hidden Valley Estates; Status of Specific Plan SP 88-002 in Accordance with Board Policy I-59, Large Scale Project Review
(Supv. Dist: 2)
Board Policy I-59, Large Scale Project Review, sets an eight-year expiration period for Specific Plans and requires the Department of Planning and Land Use to report on the status of all Specific Plans to the Planning Commission and Board in the seventh year of that period. SP 88-002, Hidden Valley Estates, has an expiration date of July 10, 1999. In accordance with Policy I-59, this is a report on the status of that Specific Plan.
On October 9, 1998, the Planning Commission voted 7-0-0 to note and file the report.
The Department of Planning and Land Use concurs with the Planning Commission.
ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
7. SUBJECT: Sufficiency of Relocation Impact Report Related to Proposed Closure of Elfin Forest Vacation Village Mobilehome Park (MHP 97-01), San Dieguito Community Plan Area
(Supv. Dist: 3)
This is a request by several residents of the Elfin Forest Vacation Village Mobilehome Park, pursuant to Government Code Section 65863.7(d), for a hearing on the sufficiency of the Relocation Impact Report before closure of the mobilehome park. This mobilehome park is located in the San Dieguito Community Plan area, and is more than 30 years old. It has permits issued by the State of California for 39 mobilehome spaces, 36 travel trailer spaces, and 120 recreational vehicle trailer spaces. It is located on a 97-acre site at the intersections of Harmony Grove Road, Questhaven Road, and Elfin Forest Road. The property is zoned RV2 (Variable Family Residential Use Regulations), RMH3 (Mobilehome Residential Use Regulations), and A70 (Limited Agricultural Use Regulations) and is designated (17) Estate, (18) Multiple Rural Use, and (24) Impact Sensitive on the San Dieguito Community Plan.
Accept the Relocation Impact Report for Elfin Forest Vacation Village as sufficient provided that it includes the following mitigation:
If, at the time of the move, there are no mobilehome space vacancies within the 30-mile radius, or if none of the mobilehome parks will accept an Elfin Forest unit due to its age or size or due to the tenant's familial status, the owners shall provide a lump sum payment to the tenant equivalent to the difference between the current space rent in the closing park and the rent in a comparable apartment unit or other rental housing alternative for a 24-month term, including any security and cleaning deposits, and bear the expense of removing and disposing of the un-relocatable mobilehome provided the mobilehome owner authorizes the park owner to remove and dispose of the unit. The park owner shall provide to each owner of an un-relocatable mobilehome a 60-day notice of intent to remove and dispose of the unit and that alternative rental housing has been secured for the tenant. If, by the end of the 60-day period, the owner fails to authorize the removal and disposal of the unit, the park owner may pursue all available legal remedies.
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: Applications to the State of California for Allocations of Mortgage Credit Certificates in 1999
(Supv. Dist: All)
This action requests approval for the County's participation in any 1999 applications to the California Debt Limit Allocation Committee (CDLAC) for up to a total of $75 million in allocations of mortgage credit certificates for the San Diego Regional Mortgage Credit Certificate Program (MCC Program).
The MCC Program is a home purchase assistance program that enables first-time homebuyers to receive a direct federal income tax credit equal to fifteen percent of the annual interest paid on their mortgage loan. The County serves as the lead agency and applicant for allocation requests made to CDLAC for the MCC Program. If CDLAC approves any of our 1999 allocation request, the amount approved would be proportionately divided between the County and the 15 cities who participate in the MCC Program.
Funds for this request are budgeted. The funding source is Section 8, Earned Administrative Fees. If approved, this request will result in up to $56,250 in current year cost to pay for the County's proportionate share of the program operating costs, and this request will result in the County holding on deposit up to $50,000 in current year cost for the performance guarantee that is required by the State to receive an allocation of mortgage credit certificates. Additionally, if approved, this request will result in $56,250 in annual cost for the County's proportionate share of the program operating cost for Fiscal Year 1999-2000.
The San Diego Regional MCC Program assists homebuyers in the purchase of their first home. The purchase/sales transactions provide a positive impact to the business community involved in real estate activities. Business that can benefit from home purchases and sales include real estate brokers, escrow companies, title companies, developers and real estate lenders.
1. Approve the County's participation with the San Diego Regional MCC Program in any 1999 applications to the California Debt Limit Allocation Committee for up to a total of $75 million in mortgage credit certificates.
2. Authorize the Director of Housing and Community Development to submit applications to the CDLAC in 1999 for allocations of mortgage credit certificates of up to a total of $75 million.
3. Authorize the Director of Housing and Community Development to certify that the County has $100,000 on deposit to meet the performance guarantee needed for applicants of mortgage credit certificates, as required by the CDLAC.
Relates to Housing Authority Agenda Item No. 1
ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
9. SUBJECT: Administrative Item:
(Supv. Dist: 2)
This project is a subdivision consisting of 24 single-family residential lots, and a total acreage of 4.40 acres.
It is located in the Ramona area northeast of the intersection of 14th Street and H Street. (Thomas Guide, Page 1152, G-7, 1998 Edition)
1. Approve this map and accept on behalf of the public, subject to improvements, Somerset Court and the portion of H Street for use as streets as dedicated on said map.
2. Approve the Agreement to Improve Major Subdivision which includes the street improvements and drainage facilities, setting of final monuments, park land fee, drainage fee, and authorize execution by the Clerk of the Board of Supervisors.
ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
10. SUBJECT: Administrative Item:
(Supv. Dist: 2, 3, 5)
On July 6, 1976 (34), the Board of Supervisors approved a process for extending the time to complete improvements for major subdivisions. The action authorized the Department of Public Works to review all existing subdivision agreements every four months and recommend time extension, when determined appropriate, for all agreements that expired within that time period rather than review each individual subdivision agreement as they expired.
The recommended action has no fiscal impact.
Extend to November 1, 1999, the performance completion date in the subdivision agreements for Tentative Map Numbers 4791-1, 4811-1, 4865-1, 4892-1, 4892-2, 4908-1, 4986-1, 5011-1, 5076-1, and 5085-1.
ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
11. SUBJECT: Release Existing Securities for County of San Diego Tract 4569-4; Located in the San Dieguito Planning Group Area
(Supv. Dist: 3 )
This is a request to release the existing Performance Security and Labor and Material Security for County of San Diego Tract 4569-4. This map is located in the Rancho Santa Fe area on the northerly side of Avenida Del Duque and Aliso Canyon Road. (Thomas Guide, Page 1148, E-5 and F-5, 1988 Edition).
Direct the Clerk of the Board to send a letter to American Motorists Insurance Company authorizing the release of the existing Performance Security (No. 3SM77881600) and Labor and Material Security (No. 3SM77881600).
ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
12. SUBJECT: Administrative Item:
(Supv. Dist: 5 )
This project is a planned development consisting of 47 residential lots, with a maximum of 46 dwelling units, 1 open space lot, and a total acreage of 20.449 acres.
It is located in the Fallbrook area at the northeasterly end of Sterling Bridge. (Thomas Guide, Page 1027, G-6, 1998 Edition).
1. Approve this map.
2. Accept the grant of an access restriction easement as granted on said map.
3. Approve the Agreement to Improve Major Subdivision which includes the street improvements and drainage, sewer and water facilities, setting of final monuments, and authorize execution by the Clerk of the Board of Supervisors.
ON MOTION of Supervisor Slater, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
13. SUBJECT: Closed Session
(Carryover Item from 12/8/98, Agenda No. 70)
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
John Murphy v. Brian Bilbray, et al.; United States District Court Case No. 90-0134 GT
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Rodney Outhwaite, et al. v. Isuzu Motors Limited, et al.; North County Superior Court Case No. N07717
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
People v. Phillip Morris; San Francisco Superior Court Case No. 980864
D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Anticipated litigation pursuant to section (c) of Government Code Section 54956.9
No. of Potential Cases: 1
E. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Anticipated litigation pursuant to section (c) of Government Code Section 54956.9
No. of Potential Cases: 1
F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Michael Kemp v. County of San Diego, et al.; San Diego Superior Court Case No. 719099
G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Kevin Norton v. James Parks; San Diego Superior Court Case No. 725380
H. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Richard Einer v. Daniel Papp; North County Superior Court Case No. N076232
I. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
April Miller v. County of San Diego; San Diego Superior Court Case No. 722028
There were no reportable matters.
There being no further business, the Board adjourned at 12:05 p.m.
THOMAS J. PASTUSZKA
Clerk of the Board of Supervisors
County of San Diego, State of California
Notes by: Gomez
- - -
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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