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COUNTY OF SAN DIEGO
STATEMENT OF PROCEEDINGS
REGULAR MEETING OF BOARD OF SUPERVISORS
WEDNESDAY, AUGUST 11, 1999
MORNING SESSION:
Meeting was called to order at 9:18 a.m.
Present: Supervisors Pam Slater, Chairwoman; Dianne Jacob, Vice Chairwoman; Greg Cox; Ron Roberts; and Bill Horn; also Thomas J. Pastuszka, Clerk.
Approval of Statement of Proceedings/Minutes for meetings of July 14, 1999, and July 21, 1999.
ON MOTION of Supervisor Roberts, seconded by Supervisor Cox, the Board of Supervisors approved the minutes for the meeting of July 14, 1999, and July 21, 1999.
AYES: Cox, Jacob, Slater, Roberts, Horn
Public Communication
(No Speakers)
Board of Supervisors' Agenda Index
| 1. | Noticed Public Hearing: Newport Pacific, Incorporated; Appeal by the Whispering Palms Community Council of a Planning Commission Decision to Approve a Major Use Permit, P95-006, for an Assisted Living Facility, San Dieguito Community Plan Area This matter has been set for 10:00 a.m. Time Certain |
| 2. | Noticed Public Hearing: Ramona Landfill Buffer - Acquisition of Parcel No. 98-0022-A (Hodges) (Carryover Item From 7/14/99, Agenda No. 1) [The Funding Source is the Solid Waste Divestiture Holding Fund.] |
| 3. | Noticed Public Hearing: Duane Dubbs; Zone Reclassification, R99-002, Lakeside Community Planning Area |
| 4. | Memorandum of Agreement Between
the Valley Center Municipal Water District and the County of San Diego |
| 5. | Set Hearing For 9/15/99, 9:00
a.m. Multiple Species Conservation Program - Acquisition of Parcel 99-0133-A (The Nature Conservancy) |
| 6. | Request to Initiate a General
Plan Amendment (GPA) to Reclassify Elfin Forest Road (Sc 1380) and Harmony Grove Road (Sc
1370) from Collectors (4-Lane Roads) to Rural Light Collectors (2-Lane Roads) [The Funding Source is the Road Fund.] |
| 7. | Set Hearing For 9/22/99, 9:00
a.m. Petition of Gregory Barnett For Annexation to the Winter Gardens Sewer Maintenance District |
| 8. | Cloverdale Road Vacation, VAC 99-002 |
| 9. | Approval of Release of Joint Lien Contract and Termination of Holding Agreement and Adoption of a Resolution Accepting a Portion of Dehesa Road, Access Rights, a Noise Protection Easement and an Easement for Open Space for County of San Diego Tract No. 4592-1, Final Map 12214, Located in the Crest/Dehesa/Harbison Canyon/Granite Hills Planning Area |
| 10. | Approval of Secured Joint
Agreement for Public Improvements for County of San Diego Tentative Parcel Map No. 20357
Located in the Lakeside Planning Area (Relates to Sanitation District Agenda No. 4) |
| 11. | Administrative Item: Extension of Time to Complete Improvements For Tentative Map Numbers 3649-1, 4053-2, 4227-1, 4227-2, 4229-1, 4229-2, 4229-3, 4229-4, 4346-1, 4351-1, 4449-1, 4613-1, 4613-2, 4653-1, 4665-1, 4713-1, 4781-1, 4817-1, 4826-1, 4828-4, 4828-5, 4828-6, 4837-1, 4878-1, 4879-1, 4901-1, 5006-1, 5038-1, And 5078-1 |
| 12. | Administrative Item: Approve a Four-Year Extension of Time on Lien Contract, County of San Diego Tract 4554, Final Map 13315, Located in the Lake Morena/Campo Sponsor Group Area |
| 13. | Administrative Item: Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract No. 4905-1, Located in the Fallbrook Community Planning Group Area |
| 14. | Administrative Item: Second Consideration and Adoption of Ordinance Sunset Review of Board of Supervisors Policies, County Code of Regulatory Ordinances and Administrative Codes Assigned to Departments within the Land Use and Environment Group |
| 15. | Administrative Item: Approval of a Final Map and Secured Agreements for Public and Private Improvements for County of San Diego Tract No. 5120-1, Located in Lakeside Planning Area (Relates to Sanitation District Agenda No. 5) |
| 16. | Authorization for the Director of Public Works to Enter Into a Secured Drainage Maintenance Agreement for County of San Diego Tract No. 4249-2, Final Map 12710 Located in Fallbrook Community Planning Area |
Board of Supervisors' Agenda Items
1. SUBJECT: NOTICED PUBLIC HEARING:
(Supv. Dist: 3)
This is an appeal of a Planning Commission decision to approve a request for a 156 unit, approximately 102,000 square foot, assisted living facility for the elderly located on a 4.31 acre site. The facility will include 1 one-story structure and 4 two-story structures with 102 parking spaces. A total of 156 units, of which 106 are studio units and 50 are 1 bedroom units, are proposed which will house a maximum of 164 residents. The project is located at the westerly corner of Via de las Palmas and Cancha de Golf in the community of Whispering Palms.
Not applicable.
The residential character of the project should provide additional customers for the businesses located in the surrounding area.
1. 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, together with comments received during public review, and adopt it, finding that it reflects the independent judgment and analysis of the Board of Supervisors.
2. Deny the appeal and grant Major Use Permit P95-006 which makes the appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with The Zoning Ordinance and State law.
The Department concurs with the Planning Commission recommendation.
ON MOTION of Supervisor Slater, seconded by Supervisor Jacob, the Board of Supervisors closed the Hearing; and requested the project applicant provide an Environmental Impact Report, for Major Use Permit, application, P95-006, noting that a new hearing will be advertised, upon completion of the Environmental Impact Report.
AYES: Cox, Jacob, Slater
NOES: Roberts, Horn
2. SUBJECT: NOTICED PUBLIC HEARING:
(Supv. Dist: 2)
On August 12, 1997 (1), the Board of Supervisors approved the sale of the County's solid waste system to Allied Waste Industries. As a condition of the sale, the County retained liability for certain off-site environmental conditions near the Ramona Landfill.
On October 20, 1998, the Board revised a policy for acquiring buffer properties adjacent to the Ramona Landfill. The revised policy provides that the County will acquire (through voluntary purchase or condemnation) all properties within 300 feet of the Ramona Landfill. These properties are needed to conduct appropriate and necessary landfill monitoring and remediation activities.
James Hodges, who owns property within 300 feet of the Ramona Landfill, has accepted the County's offer to sell. The Board is requested to approve the contract for the purchase of Parcel No. 98-0022-A from James Hodges for $166,500
Funds for this proposal are budgeted in the Capital Outlay Fund. The funding source is the Solid Waste Divestiture Holding Fund. If approved, this proposal will result in a cost of $166,500 in Fiscal Year 1999/2000, no additional cost in subsequent years, and the addition of no staff years.
1. Find, in accordance with Section 15301 of the California Environmental Quality Act Guidelines, that this project is categorically exempt from the provisions of the Act as it involves the continuation of an ongoing use.
2. Approve the real property contract for the purchase of Parcel No. 98-0022-A (Hodges) for $166,500 and authorize the Clerk of the Board to execute two copies of the contract.
3. Authorize the Director, Department of General Services, or assignee, to execute all escrow and other related documents required to complete the purchase.
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors closed the Hearing and took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
3. SUBJECT: NOTICED PUBLIC HEARING:
(Supv. Dist: 2)
The applicant is requesting a Zone Reclassification from the RV4 (Variable Residential; 4.3 dwelling units per acre) to the RS4 (Single-Family Residential; 4.3 dwelling units per acre). The Rezone is a formal adjustment of a zone boundary that will not increase the overall project density. The 2,114 square foot area is a portion of Lot 4 of Tentative Map 5120. The Zone Reclassification will allow the applicant to fulfill a condition of TM 5120. The General Plan land use designation is (5) Residential. The site is located between Rockcrest and Gay Rio Drive, intersected by Fair Lane, in the Lakeside Community Planning Area.
No fiscal impacts will be created by the proposed Zone Reclassification.
Not applicable.
That the Board of Supervisors take the following actions:
1. Find that the Negative Declaration (ND) on file in the Department of Planning and Land Use as Log No. 97-14-021 has been adopted in compliance with the California Environmental Quality Act (CEQA) and state and County CEQA guidelines, that the decision-making body has reviewed and considered the information contained therein and in the Addendum to the ND prior to approving the project, that the ND reflects the independent judgment and analysis of the Board of Supervisors, and
2. Find that there are no changes in the project or in the circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously adopted ND, or a substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since said ND was prepared. (Attachment G).
3. Adopt the Ordinance approving a change from the RV4 (Variable Residential; 4.3 dwelling units per acre) to the RS4 (Single-Family Residential; 4.3 dwelling units per acre) Use Regulations with other designators as shown in the Ordinance (Attachment F).
The Department concurs with the Planning Commission.
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors closed the Hearing and took action as recommended, on Consent, adopting Ordinance No. 9073 (N.S.) entitled: AN ORDINANCE CHANGING THE ZONGING CLASSIFICTION OF CERTAIN PROPERTY Ref: R99-002.
AYES: Cox, Jacob, Slater, Roberts, Horn
4. SUBJECT: MEMORANDUM OF AGREEMENT BETWEEN THE VALLEY
(Supv. Dist: 5)
This is a request to approve a Memorandum of Agreement between the Valley Center Municipal Water District and the County of San Diego regarding the roles of the respective agencies for the processing and environmental review under the California Environmental Quality Act (CEQA) of either: 1) a Major Use Permit Modification for the Woods Valley Ranch Water Reclamation Facility Expansion Project; or 2) a new Major Use Permit for an alternative site location to be determined by the District.
Board of Supervisors action is requested to approve the Memorandum of Agreement between the Valley Center Municipal Water District and the County of San Diego.
The recommended action will have no fiscal impacts on the County General Fund.
Approve and authorize the Clerk of Board to execute upon receipt, the Memorandum of Agreement between the Valley Center Municipal Water District and the County of San Diego.
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
5. SUBJECT: SET HEARING FOR 9/15/99, 9:00 A.M.
(Supv. Dist: 2)
The purchase of Parcel No. 99-01334-A, as part of an ongoing acquisition program to assemble preserve lands in Lakeside, will preserve important habitat and create a trail linkage. This property, known as the Arabo parcel, is adjacent to the Lakeside Phase I parcels which were acquired on December 8, 1998. The County has applied for grant funding from the Wildlife Conservation Board. Approval of funding will be considered at their Board hearing on
August 19, 1999.
In support of the Multiple Species Conservation Program, the State of California, the federal government and other agencies have committed to assist the County of San Diego to acquire or fund the acquisition of habitat lands within designated Multiple Species Conservation Program Preserve areas.
The Board is requested to set a hearing for September 15, 1999 to consider the purchase of Parcel No. 99-0133-A from The Nature Conservancy. The property consists of a 9.06 acre parcel located in the Lakeside area
There is no fiscal impact associated with today's request. Should the Board approve the purchase of the parcel on September 15, 1999, the California Wildlife Conservation Board would fund 50% of the $160,000 purchase price. The remaining 50% will be provided by the County. Funds for this purpose are budgeted in Capital Project KA9500 for the Multiple Species Conservation Program acquisitions.
1. Direct the Clerk of the Board of Supervisors to publish the required Notice of Intention to Purchase in accordance with Government Code Sections 25350 and 6063.
2. Set this matter for September 15, 1999 at which time the Board of Supervisors may consummate the purchase of Parcel No. 99-0133-A (The Nature Conservancy).
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, setting Hearing for September 15, 1999, 9:00 a.m.
AYES: Cox, Jacob, Slater, Roberts, Horn
6. SUBJECT: REQUEST TO INITIATE A GENERAL PLAN AMENDMENT
(Supv. Dist: 3)
Residents of the Elfin Forest Community and the San Dieguito Community Planning Group have requested that two roads in the San Dieguito Community Planning Area be reclassified. They requested that sections of Elfin Forest Road (SC 1380) and Harmony Grove Road (SC 1370) be downgraded from a Collector (4-lane road) to a Rural Light Collector (2-lane road).
These roads travel through steep terrain and are close to sensitive environmental resources, such as Escondido Creek, making future widening of these roads to four lanes impractical. If these roads are downgraded, the San Dieguito Community Planning Group has also expressed an interest in using some of the excess right-of-way, where appropriate, to develop a trail.
Funds for this request are budgeted. The funding source is the Road Fund. If approved, this request will result in $90,000 current year costs, and $10,000 FY 2000/01 costs. A large portion of this amount will be directed towards the preparation of an Environmental Impact Report by DPW's as-needed consultants. The proposed project will not require the addition of any staff years.
1. Direct the Chief Administrative Officer (CAO) to initiate a General Plan Amendment (GPA) to modify Sheet 4 of the Circulation Element. This GPA will consider the following (Attachment A):
a. Reclassification of Elfin Forest Road (SC 1380), between the City of San Marcos and Harmony Grove Road (SC 1370), from a Collector (4-lane road) to a Rural Light Collector (2-lane road), and
b. Reclassification of Harmony Grove Road (SC 1370), between Elfin Forest Road (SC 1380) and Country Club Drive (SC 1375), from a Collector (4-lane road) to a Rural Light Collector (2-lane road).
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
7. SUBJECT: SET HEARING FOR 9/22/99, 9:00 A.M.
(Supv. Dist: 2)
This petition for annexation is in accordance with the "Uniform Sewerage Ordinance" adopted by the Board of Supervisors for processing an annexation of property to the Winter Gardens Sewer Maintenance District.
Funds for this proposal are Annexation fees. There will be no fiscal impact to the County General Fund as a result of this action.
1. Find pursuant to Section 15061 (b)(3) of the California Environmental Quality Act (CEQA) Guidelines, that this action will not have a significant effect on the environment, and therefore is not subject to CEQA.
2. Adopt the Resolution of Intention to Annex Territory to the Winter Gardens Sewer Maintenance District, Gregory Barnett, Annexation No. 9816, APN 388-230-22, 23 and 24, and set the required public hearing date for September 22, 1999.
3. Direct the Clerk of the Board to give notice of the public hearing.
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 99-251, RESOLUTION OF INTENTION TO ANNEX TERRITORY TO THE WINTER GARDENS SEWER MAINTENANCE DISTRICT GREGORY BARNETT ANNEXATION NO. 9816; setting Hearing for September 22, 1999, 9:00 a.m.
AYES: Cox, Jacob, Slater, Roberts, Horn
8. SUBJECT: CLOVERDALE ROAD VACATION, VAC 99-002
(Supv. Dist: 5)
This is a request to adopt the Resolution of Summary Vacation to vacate a portion of Cloverdale Road between Mountain View Road and Old Ranch Road east of the current alignment of Cloverdale Road in the North County Metropolitan Subregional Planning Area. This Vacation involves a segment of Cloverdale Road that is no longer required due to the realignment of Cloverdale Road that was realigned to create a new intersection with Old Ranch Road.
Not applicable.
Department of Planning and Land Use:
1. Adopt the attached Resolution of Summary Vacation (Attachment A).
2. Direct the Clerk of the Board of Supervisors to record this Resolution pursuant to Streets and Highways Code Section 8325.
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent., adopting Resolution No. 99-252, RESOLUTION OF SUMMARY VACATION OF STREET, HIGHWAY OR PUBLIC SERVICE EASEMENT OR TERMINATION OF IRREVOCABLE OFFER OF DEDICATION.
AYES: Cox, Jacob, Slater, Roberts, Horn
9. SUBJECT: APPROVAL OF RELEASE OF JOINT LIEN CONTRACT AND TERMINATION OF HOLDING AGREEMENT AND ADOPTION
(Supv. Dist: 2)
This is a request to release the Joint Lien Contract and Holding Agreement and accept offers that were previously rejected for a recorded subdivision located in the Dehesa area on both sides of Dehesa Road, 0.69 mile easterly from Willow Glen Road. Lot 17 of this project is a residential condominium containing a maximum of 122 dwelling units and a total acreage of 6.03 acres. The remainder of this project was transferred to a wildlife agency for conservation purposes. (Thomas Guide, Page 1252, G-6, 1999 Edition)
Not applicable.
Not applicable.
1. Approve the Release of Joint Lien Contract and Termination of Holding Agreement with it's associated replacement security, authorize execution by the Clerk of the Board and direct the Clerk of the Board to forward the document to the County Recorder for recordation and to notify the Holding Company.
2. Adopt the submitted, Resolution Accepting Previously Rejected Offer to Dedicate and Grant, accepting the previously rejected offer of dedication of a portion of Dehesa Road, accepting the access rights from Lot 17 in and to Dehesa Road except at access openings No. 1 and 2, accepting the grant of a noise protection easement over, upon and across a portion of Lot 17, and accepting the grant of an easement for open space over, under and across Lot 17 and direct the Clerk of the Board of Supervisors to record said resolution with the San Diego County Recorder.
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 99-253, RESOLUTION ACCEPTING PREVIOUSLY REJECTED OFFER TO DEDICATE AND GRANT.
AYES: Cox, Jacob, Slater, Roberts, Horn
10. SUBJECT: APPROVAL OF SECURED JOINT AGREEMENT FOR PUBLIC IMPROVEMENTS FOR COUNTY OF SAN DIEGO TENTATIVE PARCEL MAP NO. 20357 LOCATED IN THE LAKESIDE
(Supv. Dist: 2)
This project is a Tentative Parcel Map consisting of 4 parcels plus a remainder parcel, with a total acreage of 2.17 acres.
It is located in the Lakeside area on the north side of Cuesta del Sol, 280' east of Adlai Road. (Thomas Guide, Page 1232, E-5, 1999 Edition)
Not applicable.
Approve the Joint Agreement to Improve Minor Subdivision, which includes sewer facilities, accept the Irrevocable Standby Letter of Credit which guarantees the construction of these sewer facilities, and authorize execution of both documents by the Clerk of the Board of Supervisors.
(Relates to Sanitation District Agenda No. 4)
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
11. SUBJECT: ADMINISTRATIVE ITEM:
(Supv. Dist: 2,3,5)
On July 6, 1976 the Board of Supervisors approved a process for extending the time to complete improvements for major subdivisions. In this process, the Department of Public Works reviews all existing subdivision agreements every four months and recommends a time extension, when determined appropriate, for all agreements that have expired within that time period. This process is more efficient than reviewing and extending each individual subdivision agreement as it expires.
This is a request to extend the time period for 29 tentative maps for subdivision agreements.
The recommended action has no fiscal impact.
Extend to July1, 2000, the performance completion date in the subdivision agreements for Tentative Map Numbers 3649-1, 4053-2, 4227-1, 4227-2, 4229-1, 4229-2, 4229-3, 4229-4, 4346-1, 4351-1, 4449-1, 4613-1, 4613-2, 4653-1, 4665-1, 4713-1, 4781-1, 4817-1, 4826-1, 4828-4, 4828-5, 4828-6, 4837-1, 4878-1, 4879-1, 4901-1, 5006-1, 5038-1, and 5078-1.
ON MOTION of Supervisor Cox, 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: 2)
This is a request to extend the Lien Contract for County of San Diego Tract 4554. This project is a planned development consisting of 186 residential lots with a maximum of 186 dwelling units, 15 private street lots, 12 open space lots, and a total acreage of 69.06 acres.
It is located in the Campo area on both sides of Sheridan Road, 3,000 feet southerly from Highway 94. (Thomas Guide, Page 1318, B-6, 1999 Edition)
Not applicable.
Not applicable.
Grant an extension of time for a period of four years, ending April 2, 2004, for the performance completion date for County of San Diego Tract 4554.
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
13. SUBJECT: ADMINISTRATIVE ITEM:
(Supv. Dist: 5)
This project is a subdivision consisting of 24 single-family residential lots, and a total acreage of 33.58 acres.
It is located in the Fallbrook area at the terminus of Havencrest Road west of Green Canyon Road. (Thomas Guide, Page 1047, J-1, 1999 Edition)
Not applicable.
1. Approve the Map and accept the grant of an easement for open space, over the portion of lots 1, 2, 3, 4, 5, and 6 as granted on said map.
2. Approve the Agreement to Improve Major Subdivision, which includes the street improvements and, water facilities, setting of final monuments, park land fee, tax and assessment liens, and authorize execution by the Clerk of the Board of Supervisors.
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
14. SUBJECT: ADMINISTRATIVE ITEM:
(Supv. Dist: All)
On July 14, 1999 (4), your Board introduced Ordinance for further Board consideration.
On December 8, 1998 (53), the Board of Supervisors approved the current Sunset Review Process which is based on a seven year review cycle of the Administrative Code, Board of Supervisors Policies and the San Diego County Code of Regulatory Ordinances. Department heads are responsible for ensuring that those ordinances, policies and resolutions relevant to their respective department are kept current. Sunset Review items are presented to the Board in increments for approval.
There is no fiscal impact as a result of this action.
Adopt Ordinances entitled:
AN ORDINANCE AMENDING ARTICLES XXIA, XXII, XXVI, XL, XXX, OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE DEPARTMENT OF PLANNING AND LAND USE, RULES OF CONDUCT AND PROCEDURE FOR PLANNING AND ZONING PROCESS, THE PLANNING ENVIRONMENTAL REVIEW BOARD, DEPARTMENT OF PUBLIC WORKS, SAN DIEGO COUNTY PALOMAR AIRPORT ADVISORY COMMITTEE AND DEPARTMENT OF TRANSBORDER AFFAIRS
AN ORDINANCE AMENDING THE SAN DIEGO CODE RELATING TO THE APPLICATION FOR THE SOLID WASTE MANAGEMENT AGREEMENT AND PUBLIC BENEFIT AGREEMENT APPLICATIONS
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent, adopting Ordinance No. 9074 (N.S.) AN ORDINANCE AMENDING ARTICLES XXIA, XXII, XXVI, XL, XXX, OF THE SAN DIEGO COUNTY ADMINISTRATIVE CODE RELATING TO THE DEPARTMENT OF PLANNING AND LAND USE, RULES OF CONDUCT AND PROCEDURE FOR PLANNING AND ZONING PROCESS, THE PLANNING ENVIRONMENTAL REVIEW BOARD, DEPARTMENT OF PUBLIC WORKS, SAN DIEGO COUNTY PALOMAR AIRPORT ADVISORY COMMITTEE AND DEPARTMENT OF TRANSBORDER AFFAIRS and Ordinance
No. 9075 (N.S.) entitled: AN ORDINANCE AMENDING THE SAN DIEGO CODE RELATING TO THE APPLICATION FOR THE SOLID WASTE MANAGEMENT AGREEMENT AND PUBLIC BENEFIT AGREEMENT APPLICATIONS
AYES: Cox, Jacob, Slater, Roberts, Horn
15. SUBJECT: ADMINISTRATIVE ITEM:
(Supv. Dist: 2 )
This project is a subdivision consisting of 17 single-family residential lots, and a total acreage of 5.25 acres. It is located in the Lakeside area, on the east side of Winter Gardens Boulevard, approximately 700' north of Gay Rio Drive. (Thomas Guide, Page 1231, J-6, 1999 Edition)
Not applicable
Not applicable
1. Approve this map and accept on behalf of the public, subject to improvements, the Portion of Winter Gardens Boulevard (SF 1399) for use as a street, together with the right to extend and maintain drainage facilities, excavation and embankment slopes beyond the limits of the right-of-way, as dedicated on said map.
2. Accept the access rights from lots 1, 2, 15, 16 and 17 in and to Winter Gardens Boulevard (SF 1399) as relinquished and waived on said map.
3. Accept the Noise Protection Easement and the Access Restriction Easement as granted on said map.
4. Approve the Joint Agreement to Improve Major Subdivision which includes street improvements and drainage facilities, sewer facilities and setting of final monuments, and authorize execution by the Clerk of the Board of Supervisors
5. Approve the Joint Agreement to Improve Major Subdivision which includes water improvements only, and authorize execution by the Clerk of the Board of Supervisors
(Relates to Sanitation District Agenda No. 5)
ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
16. SUBJECT: AUTHORIZATION FOR THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO A SECURED DRAINAGE MAINTENANCE AGREEMENT FOR COUNTY OF SAN DIEGO TRACT NO. 4249- 2, FINAL MAP 12710 LOCATED IN FALLBROOK COMMUNITY PLANNING AREA
(Supv. Dist: 5 )
This matter involves an agreement for the continued maintenance of a private drainage channel that protects an adjacent recorded subdivision (Lake Rancho Viejo) consisting of 207 single-family residential lots, and a total acreage of 48.802. The drainage channel and the subdivision are located in the Pala Mesa area on the southerly side of the San Luis Rey River and the easterly side of Interstate 15 on Lake Circle Drive. (Thomas Guide, Page 1048, J-3, 1999 Edition)
Not applicable
Not applicable
Authorize the Director of Public Works to enter into the Keys Canyon Creek Channel Maintenance Agreement , substantially in the form attached hereto as Attachment A, which requires the developer of Lake Rancho Viejo, Final Map 12710, to maintain the Keys Creek drainage channel.
Noting the Maintenance Agreement is on file in the office of the Clerk of the Board of Supervisors, ON MOTION of Supervisor Cox, seconded by Supervisor Horn, the Board of Supervisors took action as recommended, on Consent.
AYES: Cox, Jacob, Slater, Roberts, Horn
17. SUBJECT: CLOSED SESSION
(Supv. Dist: All)
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Anticipated litigation pursuant to section (c) of Government Code section 54956.9
No. of Potential Cases: 1
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Anticipated litigation pursuant to section (c) of Government Code section 54956.9
No. of Potential Cases: 1
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Deborah Clark v. County of San Diego, et al.; Superior Court No. N077579 consolidated with Case No. 718909
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Mary Abalos, et al. v. County of San Diego, et al.; United States District Court No. 98cv831H
E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Newport Pacific, Inc. v. County of San Diego, et al.; United States District Court No. 98cv0490-H
F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Steven A. Stapel, et al. v. San Diego County Employee Retirement; San Diego Superior Court No. 722450
G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Bernard Baker, et al. v. County of San Diego, et al.; San Diego Superior Court No. 730839
County Counsel reported the following:
A. The Board of Supervisors authorized County Counsel to join as amicus in people ex rel Sacramento Metropolitan Air Quality Management District vs. United States pending in the 9th Circuit Court of Appeal;
B. The Board of Supervisors has authorized County Counsel to decline to join in the case of County of San Diego ex rel Deborah Pesqueida vs. Crash Inc. pending in San Diego Superior Court;
G. The Board of Supervisors has authorized County Counsel to decline a request from defendant Peppertree Apartments, to defend and indemnify it.
Eugene J. Sprofera, Bonnie Gendron representing Back Country Coalition; and Karen Rodgers addressed the Board regarding agendizing Tecate Water /Sewer District Major Use Permit P88- 050 TE2.
K.R. Hooks, Charles Beasley, John Gunn, and James Capers addressed the Board regarding HIV prevention in the African American Community.
Don Stillwell addressed the Board regarding Region XXI, newspaper article in Board of Supervisor's Exhibit A.
Heard; referred to the Chief Administrative Officer.
There being no further business, the Board adjourned at 12:35 p.m.
THOMAS J. PASTUSZKA
Clerk of the Board of Supervisors
County of San Diego, State of California
Notes by: Tominia
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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