REGULAR MEETING - PLANNING AND LAND USE MATTERS
WEDNESDAY, DECEMBER 5, 2001, 9:00 AM
Board of Supervisors North Chamber
1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order at 9:10 a.m.

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

Approval of Board of Supervisors Statement of Proceedings/Minutes for meetings of

 November 7, 2001 and November 14, 2001

ACTION:

ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meeting of November 7, 2001 and November 14, 2001.

AYES:  Cox, Jacob, Slater, Roberts, Horn

Public Communications  (No Speakers)

1.

SUBJECT:

NOTICED PUBLIC HEARING:

UTILITY UNDERGROUNDING FOR FALLBROOK STREET AND MISSION ROAD IN THE FALLBROOK AREA

(DISTRICT: 5)
(CARRYOVER FROM 10/31/2001, AGENDA NO. 5)

The purpose of the Underground Utility District program is to improve the appearance of communities by undergrounding overhead utilities in areas of benefit to the general public.  Board Policy J-17, Undergrounding of Existing Overhead Utility Facilities, establishes a policy and procedure for district formation and program administration. 

These two projects propose to underground utility lines along portions of Fallbrook Street, from Alturas Road to Mission Road, and along Mission Road, from Hill Avenue to Main Avenue, in the community of Fallbrook.

Establishing an Underground Utility District is a two-step process.  The first step is to adopt a resolution of intention to set a date for the public hearing.  The second step is to adopt an ordinance forming the district at the close of the public hearing.

Utility companies underground their overhead lines at their own expense.  Funds for formation and administration of this district are budgeted in Department of Public Works General Fund.  If approved, this request will result in a $2,000 current year cost, a $1,000 subsequent year cost, and will require no additional staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.     Find, in accordance with Section 15301(b) of California Environmental Quality Act (CEQA) Guidelines, this action is exempt from CEQA provisions because it represents replacement of existing facilities.

2.     At the close of the public hearing on December 5, 2001, adopt AN ORDINANCE ADDING SECTION 89.294 TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES TO FORM AN UNDERGROUND UTILITY DISTRICT FOR FALLBROOK STREET, PHASE I, UNDERGROUND UTILITY DISTRICT NO. 93.

3.     At the close of the public hearing, adopt AN ORDINANCE ADDING SECTION 89.295 TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES TO FORM AN UNDERGROUND UTILITY DISTRICT FOR MISSION ROAD, PHASE III, UNDERGROUND UTILITY DISTRICT NO. 94.

ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting Ordinances No. 9408 (N.S.), entitled:  AN ORDINANCE ADDING SECTION 89.294 TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES TO FORM AN UNDERGROUND UTILITY DISTRICT FOR FALLBROOK STREET, PHASE I, UNDERGROUND UTILITY DISTRICT NO. 93; and No. 9409 (N.S.), entitled:  AN ORDINANCE ADDING SECTION 89.295 TO THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCES TO FORM AN UNDERGROUND UTILITY DISTRICT FOR MISSION ROAD, PHASE III, UNDERGROUND UTILITY DISTRICT NO. 94.

AYES:  Cox, Jacob, Slater, Roberts, Horn

2.

SUBJECT:

NOTICED PUBLIC HEARING:

MAILED BALLOT PROCEEDING RESULTS AND FORMATION HEARING FOR PROPOSED SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1011 – LA CUESTA IN THE MOUNT HELIX AREA (DISTRICT: 2)

(CARRYOVER FROM 10/17/2001, AGENDA NO. 3)

October 17, 2001 (3), the Board authorized a mailed ballot proceeding to the 19 property owners in this proposed Permanent Road Division zone to determine if sufficient support exists to form a district to improve and maintain .21 mile of La Cuesta Road. 

The hearing today will provide the public an opportunity to speak to the Board regarding the proposed district and work plan.  The results of the mailed ballot proceeding will be reported.  Permanent Road Division law and Article XIIID of the State Constitution stipulate guidelines under which these districts are formed. The district cannot form unless a weighted majority of the ballots returned support formation.

Funds for administering these requests are budgeted in the Special Districts formation fund. If approved, this request will result in a current year processing cost charged to the formation expense for La Cuesta of $100.  The new district will reimburse accumulated expenditures incurred for formation.  There is no associated annual cost and no additional staff years are required. 

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.     Find, in accordance with Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines, it can be seen with certainty there is no possibility the following actions may have a significant effect on the environment and the activities are not subject to CEQA because it is an existing road.

2.     Accept and confirm the results of the mailed ballot proceeding and, based on results, take action on recommendations 3 through 6 if appropriate.

3.     Adopt a resolution entitled RESOLUTION ESTABLISHING SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1011 – LA CUESTA. 

4.     Adopt a resolution entitled RESOLUTION DECLARING .21 MILE OF LA CUESTA DRIVE TO BE A PUBLIC ROAD.

5.     Adopt an ordinance entitled ORDINANCE PROVIDING A PROCEDURE FOR FIXING AND COLLECTING CHARGES ON THE TAX ROLL FOR SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1011 – LA CUESTA.

6.     Adopt a resolution entitled RESOLUTION APPROVING THE TRANSFER OF MONEY TO SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1011 – LA CUESTA.

Noting for the record that the ballot was approved with 96% of those voting  voting “yes;” ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting Ordinance No. 9410 (N.S.), entitled: ORDINANCE PROVIDING A PROCEDURE FOR FIXING AND COLLECTING CHARGES ON THE TAX ROLL FOR SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1011 – LA CUESTA, and adopting the following Resolutions:

No. 01-342, entitled; RESOLUTION ESTABLISHING SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1011 – LA CUESTA;

No. 01-343, entitled; RESOLUTION DECLARING .21 MILE OF LA CUESTA DRIVE TO BE A PUBLIC ROAD, DECLARING SAID ROAD NOT A COUNTY HIGHWAY AND NOT ACCEPTED INTO THE COUNTY MAINTAINED ROAD SYSTEM; and

No. 01-344, entitled; RE. TRANSFER OF MONEY TO SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 1011 – LA CUESTA AND SCHEDULE FOR REPAYMENT TO COUNTY.

AYES:  Cox, Jacob, Slater, Roberts, Horn

3.

SUBJECT:

NOTICED PUBLIC HEARING:

SHEILA INVESTORS; ZONE RECLASSIFICATION (R00-006), PEPPER DRIVE/BOSTONIA COMMUNITY PLAN

(DISTRICT: 2)

This is a request for a Zone Reclassification (R00-006) for the 4.8 acre site from the RR1 Rural Residential Use Regulations with density of 1 dwelling unit per acre and minimum lot size of 1 acre to the RS6 Single Family Residential Use Regulations with density of 5.8 dwelling units per acre and 7,500 square foot minimum lot size.  The Planning Commission approved the associated Tentative Map (TM 5208) to subdivide the site into 11 residential lots, ranging in size from 8,600 square feet to 34,800 square feet, on September 21, 2001.  The site is in the Current Urban Development (CUDA) Regional Category and the (6) Residential Land Use Designation with a maximum density of 7.3 dwelling units per acre.  The site is located at the northerly end of Sheila Street in the Pepper Drive/Bostonia Community Plan Area.

N/A

RECOMMENDATION:

PLANNING COMMISSION:

Adopt the Ordinance approving a change from the RR1, Rural Residential, Use Regulations, to the RS6, Single Family Residential, Use Regulations with designators shown in the Ordinance (Attachment B).

DEPARTMENT OF PLANNING AND LAND USE:

Concurs with the Planning Commission.

ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors closed the hearing and took action as recommended, on Consent, adopting Ordinance No. 9411(N.S.), entitled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY R00-006.

AYES:  Cox, Jacob, Slater, Roberts, Horn

4.

SUBJECT:

SET HEARING FOR 01/09/2002, 9:00 A.M.

CONCORDIA HOMES: OPEN SPACE EASEMENT VACATION, VAC 99-005 SAN DIEGUITO COMMUNITY PLAN (DISTRICT:  3)

This is a request to set a date for a public hearing to consider a Vacation of a portion of an open space easement that was required as a condition of approval for Tentative Map 4821RPL¹.  A total of 2.98 acres is proposed to be vacated.  A new open space easement will be dedicated on-site totaling .33 acres.  The remainder to be vacated has already been mitigated by the Tentative Map.  Also proposed is the dedication of open space to accommodate a fuel modification buffer.

N/A

RECOMMENDATION:

DEPARTMENT OF PLANNING AND LAND USE:

1.     Direct the Clerk of the Board of Supervisors to set a public hearing for January 9, 2002, at 9:00 a.m. to consider vacating the subject open space easement.

2.     Provide the notice required by law.

ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors, directed the Clerk of the Board to set a public hearing for January 16, 2002, at 9:00 a.m. to consider vacating the subject open space easement, and provide the required notice required by law, on Consent.

AYES:  Cox, Jacob, Slater, Roberts, Horn

5.

SUBJECT:

RESOLUTION SUPPORTING SMART GROWTH IN THE SAN DIEGO REGION  (DISTRICT: ALL)

The San Diego Association of Governments (SANDAG) has recently been holding a series of meetings with local elected officials and staff in the region’s cities and county government regarding how to implement the REGION2020 Growth Management Strategy, and has requested that these jurisdictions adopt a resolution of support for the strategy and smart growth principles it promotes. 

This is a request to adopt a resolution supporting smart growth in the San Diego Region.  SANDAG's goal is to work together as a region to accommodate anticipated population growth while retaining and improving the quality of life. 

N/A

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

Adopt a Resolution entitled “Resolution Supporting Smart Growth in the San Diego Region”.

ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent; adopting Resolution No. 01-345 entitled: RESOLUTION OF THE BOARD OF SUPERVISORS SUPPORTING SMART GROWTH IN THE SAN DIEGO REGION.

AYES: Cox, Jacob, Slater, Roberts, Horn

6.

SUBJECT:

ESTABLISHMENT OF APPROPRIATIONS, ADVERTISEMENT FOR BIDS AND AWARD OF A CONSTRUCTION CONTRACT FOR OTAY LAKES COUNTY PARK RESTORATION, PHASES II AND III, AND OAK TREE PLANTING PROJECTS (DISTRICT: 1)

The Otay Lakes County Park restoration plan consists of several phases of development.  Phase I restoration was completed in fall of 1999 and consisted of shade shelters, Americans with Disabilities Act compliant restrooms, walkways, irrigation, landscaping, parking improvements and concrete walkways.  Phases II and III project design has been completed.  This action will approve the appropriation of additional funding in the amount of $351,300, approve contract documents and authorize advertisement for public bidding and award of a construction contract for the Phases II and III, and Oak Tree Planting construction projects.  This contract is estimated at $1,021,000, including 10% contingency.  Existing project funds which are encumbered in the Capital Project are being used for contract administration and inspection costs. 

Improvements to be constructed will include parking lot improvements, interpretive signage, picnic tables, paving existing walkways, native plant demonstration garden, horse corrals, horseshoe courts, landscaping and irrigation improvements, scenic overview with picnic tables, shade structures, metal maintenance and storage buildings, oak tree plantings and other related improvements.  To compensate for a wide variance in recent bid prices, this project will incorporate deductive alternates consisting of: 1) metal office building, 2) metal storage building, 3) shade structure for lower staging area, and 4) shade structure for upper picnic area.

The proposed action includes the appropriation of additional funding in the amount of $351,300 to supplement current available project funding of $670,092 for a total of $1,021,392 available for project construction.  Existing project funding is provided by County General Funds, Trust Funds received from the sale of easements, funding received from the California Department of Transportation, and Land and Water Conservation Fund grant funds.  Funding being appropriated in this action consists of $265,000 in Proposition 12 State Parks Bond Act funding, consistent with the Proposition 12 State Parks Bond Act Funding Application Strategy approved by the Board of Supervisors on March 14, 2001 (8), and $86,300 in Fiscal Year 2001-2002 Department of Parks and Recreation Grant Match General Funds. 

Of the total unencumbered project funding, a construction contract will be awarded at an estimated cost of $1,021,000, including 10% contingency, for construction of the Otay Lakes Park Improvements and Tree Planting projects.  Maintenance of the constructed facilities will be managed utilizing existing budgeted resources within the Department of Parks and Recreation.  There will be no additional cost to the General Fund resulting from this action.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.     Waive Board Policy A-91, Mid-Year Budget Changes, to allow for the appropriation of Department of Parks and Recreation Grant Match General Funds into the Capital Outlay Fund.

2.     Find in accordance with Sections 15301(c) and 15302 of the California Environmental Quality Act (CEQA) Guidelines that the Otay Lakes Park restoration project is exempt from CEQA.

3.     Transfer appropriations in the amount of $86,300 from the Parks and Recreation Department budget, Org. 5101, Account 3453 (Contributions to Other Agencies) to Contributions to Capital Outlay Fund, Org. 5361, Account 6310 (Operating Transfers Out), to provide funds for Otay Lakes Park Restoration.

4.     Establish appropriations in the amount of $86,300 in Capital Project KN7022, Otay Lakes Park Restoration, based on an operating transfer from the General Fund.      (4 VOTES)

5.     Establish appropriations in the amount of $265,000 in Capital Project KN7022, Otay Lakes Park Restoration, based on awarded Proposition 12 State Parks Bond Act Roberti-Z’berg-Harris funding.  (4 VOTES)

6.     Authorize the Director, Department of Purchasing and Contracting, to take any action authorized by Section 403 of the Administrative Code with respect to contracting for the subject public works project.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

7.

SUBJECT:

FALLBROOK COMMUNITY AIRPARK: AGREEMENT WITH FALLBROOK PUBLIC UTILITY DISTRICT FOR DESIGN, CONSTRUCTION AND MAINTENANCE OF A WATER LINE FOR AIRCRAFT FIRE PROTECTION, AND ASSOCIATED SPENDING PLAN AMENDMENT (DISTRICT 5)

The Fallbrook Community Airpark is located approximately 1.5 miles south of the unincorporated town of Fallbrook.  The Airpark was built in the early 1960's and County Airports took managerial and operational control in November 1997.  Since then, the Fixed Based Operator (FBO) leasehold has changed hands and a new development was proposed and approved by the Board of Supervisors on April 5, 2000 (3). Other areas of the airport have been leased for aviation use as well.  In order to develop these aviation uses, and to make fuel available at the Airpark, a water line is required to provide fire protection.

This is a request to authorize the Director of Purchasing and Contracting to issue agreements with Fallbrook Public Utility District, the water authority having jurisdiction, to design, construct and maintain a 4,300 foot, 10-inch water main on the Fallbrook Community Airpark that will serve as fire protection for aircraft and public facilities.

Current combined federal and state grants and Airport Enterprise monies budgeted for this project total $236,500. A refined engineer's estimate of total project cost is $316,470.The Board is requested to amend the Airport Enterprise Spending Plan in the amount of $79,970 based on Airport Enterprise Funds available, including $35,000 currently available from State annual grant funds allocated to Fallbrook Airpark. The remaining $44,970 can be paid from general Airport Enterprise Funds.

Staff, however, requests the Board's authority to request the State, as allowed by the California Public Utilities Code, to transfer that amount in available State annual grant funding currently allotted for Borrego Valley Airport. To accomplish this, the Board is requested to authorize a transfer request to the State. Borrego Valley is in very good operational condition, and is anticipated to receive state annual grant funds next year. If the State annual grant transfer is approved, it will reimburse the Airport Enterprise fund for the $44,970, however, the state has indicated it would approve the request.

Funds in the amount of $236,500 are budgeted for this proposal. Amending the Airport Enterprise Fund Spending Plan by $79,970 would provide funding for the estimated total project cost of $316,470.  Funding sources are State Annual Grant allotment from Fallbrook Airpark ($35,000), Federal Airport Improvement Program ($212,850), State Airport Improvement Matching Grant Program ($10,643) and the Airport Enterprise Fund ($13,007). The remaining $44,970 will initially be funded from the Airport Enterprise Fund, which will be reimbursed if the State approves transfer of State annual grant funds from Borrego Valley Airport for this project. This request will have no annual cost, will require no additional staff years and will have no impact on the General Fund.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.     Find that the Mitigated Negative Declaration on file in the Department of Planning and Land Use as Log No. 93-2-23 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 prior to approving the project, that the Negative Declaration reflects the independent judgment and analysis of the Planning Commission.  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 Negative Declaration (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.

2.     Amend the FY 2001-02 Airport Enterprise Fund Spending Plan by $79,970 based on available Airport Enterprise Funds.

3.     Authorize request for State annual grant funds of $44,970 be transferred from Borrego Valley Airport to Fallbrook Community Airpark for installation of a water line for fire protection for aircraft.

4.     Adopt a Resolution entitled Resolution Approving and Authorizing the Director, Department of Public Works, as County Officer to conduct all FAA and State negotiations, approve, execute and submit all documents, which may be necessary for the completion of the aforementioned resolution including but not limited to grant applications, pay requests, agreements, and amendments that do not materially alter or impact the program.

5.     Authorize the Director, Purchasing and Contracting, in accordance with Section  401 of the Administrative Code, to negotiate and execute an agreement with Fallbrook Pubic Utility District for design, construction and maintenance of Phase I of a 4,300-foot water main on the Fallbrook Community Airpark, for compensation not to exceed $79,970, upon recommendation by the Director, Department of Public Works.

6.     Authorize the Director of Purchasing and Contracting, in accordance with Section 401 of the Administrative Code, to negotiate and execute an agreement with Fallbrook Public Utility District for design, construction and maintenance of Phase II of a 4,300-foot water main on the Fallbrook Community Airpark, for compensation not to exceed $236,500, upon recommendation by the Director, Department of Public Works.

7.     Designate the Director, Department of Public Works, County Officer responsible for administering the construction contract.

ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent; adopting Resolution No. 01-346 entitled: RESOLUTION OF THE BOARD OF SUPERVISORS AUTHORIZING APPLICATIONS AND AGREEMENTS FOR STATE FUNDING AT FALLBROOK COMMUNITY AIRPARK.

AYES: Cox, Jacob, Slater, Roberts, Horn

8.

SUBJECT:

NOTICED PUBLIC HEARING:

BLACK CANYON DEVELOPMENT; TENTATIVE MAP TIME EXTENSION TM 4844RPL²TE²; RAMONA COMMUNITY PLAN AREA (DISTRICT: 2)

This is an appeal of a Planning and Environmental Review Board Decision of Denial of a request for a Time Extension of TM 4844RPL².  The Tentative Map includes the subdivision of 134 gross acres into 45 single-family lots.  The site is within the Estate Development Area (EDA) Regional Category of the General Plan and subject to the (17) Estate Residential and (19) Intensive Agriculture Land Use Designations of the Ramona Community Plan (lot sizes of 2.0 and 4.0-acres are permitted depending upon the average slope of the proposed lot).  The site is zoned A70 (Limited Agriculture), which requires a net minimum lot size of 2.0-acres.  The project is located west of the intersection of Black Canyon Road and Barger Road between Black Canyon Road and Pamo Road.

N/A

RECOMMENDATION:

PLANNING AND ENVIRONMENTAL REVIEW BOARD

Deny the Time Extension for the reasons included in the Resolution of Denial.

DEPARTMENT OF PLANNING AND LAND USE

Grant the appeal and adopt the Resolution approving the Time Extension Tentative Map 4844RPL²TE², 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 Subdivision Ordinance and State Law.

ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board of Supervisors closed the hearing and took action as recommended by the Department of Planning and Land Use to grant the appeal; adopting Resolution No. 01-347 entitled: RESOLUTION OF SAN DIEGO COUNTY BOARD OF SUPERVISORS APPROVING CONDITIONS FOR TENTATIVE MAP NO. 4844RPL²TE²,  subject to the following condition:  the project was approved subject to provision of water from a municipal system and supplier.

AYES: Cox, Jacob, Slater, Roberts, Horn

9.

SUBJECT:

ADMINISTRATIVE ITEM:

TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (DISTRICTS: 1, 2 & 5)

On November 14, 2001, (Board Order No.8), your Board introduced Ordinances for further Board consideration on December 5, 2001.

RECOMMENDATION:

Adopt Ordinances entitled:

AN ORDINANCE ADDING SECTION 72.161.17.2. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO (Item. 2N)

AN ORDINANCE AMENDING SECTION 72.161.89. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO (Item. 5E)

ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent, adopting Ordinance No. 9412 (N.S.), entitled: AN ORDINANCE ADDING SECTION 72.161.17.2. TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO, and Ordinance No. 9413(N.S.), entitled: AN ORDINANCE AMENDING SECTION 72.161.89. OF THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO.

AYES:  Cox, Jacob, Slater, Roberts, Horn

10.

SUBJECT:

ADMINISTRATIVE ITEM:

APPROVAL OF A FINAL MAP AND SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS FOR COUNTY OF SAN DIEGO TRACT NO. 5112-1, LOCATED IN LAKESIDE COMMUNITY PLANNING AREA (DISTRICT: 2)

This project is a subdivision consisting of 29 single-family residential lots, and a total of 4.33 acres.  It is located in the Lakeside area, on El Dorado Parkway, 0.1 miles south of Old Highway 80 .  (Thomas Guide, Page 1232 E6 , 2001 Edition)

The project is being brought before the Board for approval of the final map and the secured agreement for the public and private improvements.

N/A

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.     Approve this map and accept on behalf of the public, subject to improvements, a portion of El Dorado Parkway for use as a street as dedicated on said map.

2.     Accept the access rights from lots 1 and 8 in and to El Dorado Parkway, as relinquished and waived on said map.

3.     Approve and authorize the Clerk of the Board of Supervisors to execute the Joint Agreement to Improve Major Subdivision, which includes the street improvements and drainage facilities, water facilities, and setting of final monuments. (Attachment A).

4.     Find that subordination of existing utility easements is not necessary in the area of new road dedication on this map.

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

11.

SUBJECT:

APPLICATIONS TO THE STATE OF CALIFORNIA FOR ALLOCATIONS OF MORTGAGE CREDIT CERTIFICATES IN 2002 (DISTRICT: ALL)

This action requests Board of Supervisors approval for the County's participation in any applications made to the California Debt Limit Allocation Committee (CDLAC) in 2002 for up to $75 million in mortgage credit certificates allocations for the San Diego Regional Mortgage Credit Certificate Program (Regional 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 Regional MCC Program.  If CDLAC approves any of the County's year 2002 allocation requests, the amount approved would be proportionately divided between the County and the 15 cities that participate in the Regional MCC Program.

This action also requests San Diego County Housing Authority Board of Commissioners approval for the use of Section 8 Earned Administrative Fees of up to a) $112,500 for the County’s proportionate share of the Regional MCC Program operating costs, and b) $50,000 to be held on deposit for the County’s proportionate share of the performance guarantee required by CDLAC upon application.

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 costs to pay for the County's proportionate share of the program operating cost, and up to $50,000 in current year costs to be held on deposit by the County to meet the performance guarantee requirement for each application made to the State.  Additionally, if approved, this request will result in up to $56,250 in annual costs for the County's proportionate share of the program’s operating costs for 2002-2003.

BUSINESS IMPACT STATEMENT:

The San Diego Regional Mortgage Credit Certificate Program assists homebuyers in the purchase of their first home.  These home sales transactions provide a positive impact to those in the business community involved in real estate activities, including  brokers, lenders, and title insurance and escrow companies.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER/EXECUTIVE DIRECTOR

1.     Approve the County's participation with the San Diego Regional Mortgage Credit Certificate Program in any applications to the California Debt Limit Allocation Committee in year 2002 for up to $75 million in mortgage credit certificate allocations.

2.     Authorize the Director of the Department of Housing and Community Development to submit applications to the California Debt Limit Allocation Committee in 2002 for up to $75 million in allocations of mortgage credit certificates for the San Diego Regional Mortgage Credit Certificate Program.

3.     Authorize the Director of the Department of Housing and Community Development to certify that the County has $100,000 on deposit to meet the performance guarantee requirement for applicants of mortgage credit certificate allocations.

(Relates To Housing Authority Agenda No.1)

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

AYES:  Cox, Jacob, Slater, Roberts, Horn

12.

SUBJECT:

CLOSED SESSION (DISTRICT:  ALL)

A.       CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

           Proctor G. Cooper, et al. v. County of San Diego, et al., United Stated District Court No. 01-CV-0816-JM (POR); Richard P. Loritz II v. County of San Diego, et al., United States District Court No. 97-CV-413-J (NLS); County of San Diego v. Aetna Insurance Company, et al., Orange County Superior Court No. 01CC03912; Pacific Indemnity Company, et al. v. County of San Diego, et al., San Diego Superior Court No. GIC 732418

B.       CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

           Glenn Erso, et al. v. Foundation for the Preservation of the Mount Helix Nature Theatre, et al; San Diego County Superior Court No. GIE 008683

C.       CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

           Rancho Viejo, LLC v. County of San Diego, et al.; San Diego County Superior Court No. GIC 762582

D.       CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 

           Retirement Cases - Judicial Council Proceeding No. 4049, Stapel v. San Diego County Employees Retirement Association (“SDCERA”), Superior Court No. 722450; Scheidel v. SDCERA, Superior Court No. 725666; Deputy Sheriffs’ Association v. SDCERA, Superior Court No. 725984

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 – ANTICIPATED LITIGATION

Anticipated litigation pursuant to section (c) of Government Code section 54956.9

No. of Potential Cases:            1         

G.       CONFERENCE WITH LABOR NEGOTIATORS

Designated Representatives:  Carlos Arauz, Madge Blakey and Mike Kolb

            Employee Organizations:  Deputy District Attorneys Association and Public Defenders Association

There were no reportable actions.

13.

SUBJECT:

PRESENTATIONS/AWARDS (DISTRICT: ALL)

Supervisor Jacob presented a Proclamation honoring California Independent Grocers and Convenience Stores to Arkan Somo and Naseem Salem.

There being no further business, the Board adjourned at 11:36 a.m.

THOMAS J. PASTUSZKA
Clerk of the Board of Supervisors
County of San Diego, State of California

Notes by:  Andoh

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.