COUNTY OF SAN DIEGO BOARD OF SUPERVISORS by 0Trq36

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									                           STATEMENT OF PROCEEDINGS
                 COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
              REGULAR MEETING - PLANNING AND LAND USE MATTERS
                     WEDNESDAY, OCTOBER 26, 2005, 9:00 AM
                           Board of Supervisors North Chamber
                  1600 Pacific Highway, Room 310, San Diego, California


      MORNING SESSION: - Meeting was called to order at 9:03 a.m.

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


                            Board of Supervisors’ Agenda Items

 1.        CONTINUED NOTICED PUBLIC HEARING:
           HEARING TO VACATE OSAGE DRIVE BETWEEN CANTON DRIVE AND
           CAMERON DRIVE (VAC 04-004), SPRING VALLEY COMMUNITY PLANNING
           GROUP (CARRYOVER FROM 9/28/05, AGENDA NO. 12)

 2.        NOTICED PUBLIC HEARING:
           TOPPER LANE ESTATES, LLC ANNEXATION TO WINTER GARDENS SEWER
           MAINTENANCE DISTRICT, UNINCORPORATED AREA OF EL CAJON

 3.        REPORT TO THE BOARD OF SUPERVISORS ON THE TEMPORARY CLOSURE
           OF FRISBIE STREET TO THROUGH TRAFFIC

 4.        TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

 5.        AN ORDINANCE AMENDING SECTION 65.104 OF THE SAN DIEGO COUNTY
           REGULATORY ORDINANCE RELATING TO RENEWAL OF PERMIT, LICENSE,
           OR REGISTRATION

 6.        APPOINTMENT AND REAPPOINTMENTS TO THE COUNTY’S SUNSET
           ADVISORY BOARD

 7.        CLOSED SESSION
           CARRYOVER FROM 10/25/05 (15)

 8.        PUBLIC COMMUNICATION



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1.         SUBJECT:         CONTINUED NOTICED PUBLIC HEARING:
                            HEARING TO VACATE OSAGE DRIVE BETWEEN CANTON
                            DRIVE AND CAMERON DRIVE (VAC 04-004), SPRING VALLEY
                            COMMUNITY PLANNING GROUP (DISTRICT: 2)
                            (CARRYOVER FROM 9/28/05, AGENDA NO. 12)

           OVERVIEW:
           On September 28, 2005 (12), The Board of Supervisors continued the Hearing to October 26,
           2005 at 9:00 a.m., at the request of the Chief Administrative Officer.
           On September 21, 2005 (5), the Board of Supervisors continued the Hearing to September 28,
           2005 at 9:00 a.m., at the request of the Chief Administrative Officer.
           This is a request to vacate Osage Drive between Canton Drive and Cameron Drive in the Spring
           Valley Community (Thomas Guide page 1290, H-1). This street has not been built and,
           therefore, does not provide access between Canton Drive and Cameron Drive. On May 11, 2005
           (9), the Board set a public hearing for July 13, 2005 to consider the proposed road vacation.
           All properties adjacent to Osage Drive have access to public roadways. Vacating Osage Drive
           will not land-lock any affected parcels. The area proposed for vacation is no longer needed for
           current or prospective public use. It is in the public interest to vacate unneeded easement rights
           that can prevent the beneficial use of real estate and expose the County to potential liability as a
           property owner.
           At the July 13, 2005 (2) public hearing the owner of the adjacent property expressed concern that
           vacating Osage Drive would result in loss of existing access to her property. In response, the
           applicant has agreed to dedicate an access easement to the property owner to allow continued use
           of the driveway.
           This is a request to adopt a Resolution to Vacate Osage Drive Between Canton Drive and
           Cameron Drive (VAC 04-004).

           FISCAL IMPACT:
           There will be no fiscal impact as a result of recommended actions.

           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Find the project is categorically exempt from the California Environmental Quality Act
              (CEQA) pursuant to Section 15305 of the State CEQA Guidelines.
           2. Adopt a Resolution entitled Resolution to Vacate Osage Drive Between Canton Drive and
              Cameron Drive.
           3. Direct Clerk of the Board of Supervisors to record this Resolution pursuant to Streets and
              Highways Code Section 8325.



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           ACTION:
           ON MOTION of Supervisor Jacob, seconded by Supervisor Roberts, the Board of Supervisors
           took action as recommended, adopting Resolution No. 05-205, entitled: RESOLUTION TO
           VACATE OSAGE DRIVE BETWEEN CANTON DRIVE AND CAMERON DRIVE (VAC
           04-004).
           AYES: Cox, Jacob, Slater-Price, Roberts
           ABSENT: Horn

2.         SUBJECT:        NOTICED PUBLIC HEARING:
                           TOPPER LANE ESTATES, LLC ANNEXATION TO WINTER
                           GARDENS SEWER MAINTENANCE DISTRICT,
                           UNINCORPORATED AREA OF EL CAJON (DISTRICT: 2)
           OVERVIEW:
           On September 28, 2005 (7), the Board of Supervisors took action as recommended on Consent,
           setting Hearing for October 26, 2005 at 9:00 a.m.
           Topper Lane Estates has filed Temporary Parcel Map 20745 for a four lot residential
           subdivision in the El Cajon area. The property is located on Topper Lane, 300 feet south of
           the intersection of Pepper Drive and Topper Lane. Conditions of the map require annexation
           to the Winter Gardens Sewer Maintenance District. Extension of the existing public sewer is
           not required. The Board of Supervisors is the conducting authority for Winter Gardens
           Sewer Maintenance District.
           This is a request to set a hearing on October 26, 2005 to adopt a Resolution authorizing
           annexation of property to the Winter Gardens Sewer Maintenance District. This petition for
           annexation is in accordance with the Uniform Sewer Ordinance adopted by the Board of
           Supervisors for processing an annexation of property to the Winter Gardens Sewer Maintenance
           District.

           FISCAL IMPACT:
           Funds for this proposal are Annexation fees. There will be no fiscal impact to the County
           General Fund as a result of this action.
           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. At the close of the October 26, 2005 public hearing, adopt a Resolution entitled Resolution
              Annexing Territory to Winter Gardens Sewer Maintenance District, Topper Lane Estates
              LLC, Annexation No. 2005-04, Assessor Parcel Number 388-210-02.
           2. Direct the Clerk of the Board to file a certified copy of the Resolution Annexing Topper
              Lane Estates LLC, together with a legal description and map of the boundaries, with the
              County Assessor and the State Board of Equalization and to send the required remittance to
              the State Board of Equalization.


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           ACTION:
           ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors took
           action as recommended, on Consent, adopting Resolution No. 05-206 entitled: RESOLUTION
           ANNEXING TERRITORY TO WINTER GARDENS SEWER MAINTENANCE DISTRICT
           TOPPER LANE ESTATES, LLC ANNEXATION No. 2005-04 ASSESSOR PARCEL
           NUMBERS: 388-210-02
           AYES: Cox, Jacob, Slater-Price, Roberts
           ABSENT: Horn

3.         SUBJECT:         REPORT TO THE BOARD OF SUPERVISORS ON THE
                            TEMPORARY CLOSURE OF FRISBIE STREET TO THROUGH
                            TRAFFIC (DISTRICT 1)

           OVERVIEW:
           On November 16, 2001 residents on Frisbie Street and Aleman Place filed a vacation request to
           vacate a one-foot strip of County road right-of-way on Frisbie Street to erect a barrier. The
           barrier would close Frisbie Street to through traffic.
           The applicants were required to perform a comprehensive traffic study to evaluate the traffic
           impacts of the proposed road vacation/closure. The applicants also obtained the support of the
           Sweetwater Community Planning Group and Bonita Sunnyside Fire Protection District.
           On December 1, 2004 (7), the Board approved the San Diego County Traffic Advisory
           Committee’s recommendation to close Frisbie Street to through traffic for six months to study
           the effects of such a closure. On February 24, 2005 Frisbie Street was closed to through traffic.
           This report outlines staff observations made during the closure period and presents two
           alternative recommendations for the Board’s consideration: 1) Direct staff to continue
           processing the vacation application and to keep the traffic barrier in place until a final decision is
           made on the application, OR 2) Direct staff to remove the traffic barrier and discontinue
           processing the vacation application.

           FISCAL IMPACT:
           Neither alternative presented in this letter would have a fiscal impact to the County. If the
           vacation is pursued, residents of Frisbie Street and Aleman Place would be required to provide
           the funds necessary to process their vacation request and install and maintain a permanent
           barrier.
           BUSINESS IMPACT STATEMENT:
           During the period the temporary closure has been in place the owner of the Seven Eleven on the
           corner of Frisbie Street and Bonita Road claims a loss in business as the result of the temporary
           closure. During the same period the Belle Bonnie Brae Shopping Plaza has experienced an
           increase in traffic cutting through the shopping center, apparently to avoid the traffic signal at
           Bonita Road and Central Avenue. Also, some of the displaced traffic has been observed driving
           the wrong way in a one-way alley adjacent to the shopping center.
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           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
            1.  Review and file this report.
            Alternatives
            2. Direct staff to continue processing the Frisbie Street vacation application and keep the
               existing barrier in place until a final decision is made on the application; and


                 Find that the continued closure of Frisbie Street on a temporary basis is exempt from
                 review under the California Environmental Quality Act (CEQA) pursuant to Section 15301
                 of the CEQA Guidelines.
            OR
            3.     Direct staff to discontinue processing the Frisbie Street vacation application and remove
                 the barrier; and
                 Find that the re-opening of Frisbie Street would not result in a change in the physical
                 environment and is not a project within the meaning of Section 15378 of the CEQA
                 Guidelines.
           ACTION:
           Revising the Chief Administrative Officer recommendations to read:
           1. Review and file this report.
           2. This recommendation has been withdrawn.
           3. Direct staff to:
                   A. Discontinue processing the Frisbie Street vacation application.
                   B. Work with the community, including the business owners and the Frisbie/Aleman
                      Neighborhood Alliance, to implement a traffic calming plan for Frisbie Street that
                      includes traffic calming features such as turn prohibitions and speed humps.
                   C. Leave the temporary barrier in place for no more than 90 days while a traffic calming
                      plan is developed and implemented.
           Find that the re-opening of Frisbie Street would not result in a change in the physical
           environment and is not a project within the meaning of Section 15378 of the CEQA Guidelines.
           ON MOTION of Supervisor Cox, seconded by Supervisor Slater-Price, the Board of Supervisors
           continued the Hearing to January 11, 2006, allowing the opportunity for Supervisor Cox to meet
           with all the interested parties to see if he can work out a better solution and direct the Chief
           Administrative Officer to report back on traffic enforcement issues.
           AYES: Cox, Jacob, Slater-Price
           NOES: Horn, Roberts
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4.         SUBJECT:        TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
                           (DISTRICTS 2 & 5)
           OVERVIEW:
           The Traffic Advisory Committee (TAC) meets every six weeks to review proposed changes or
           additions to regulatory traffic controls. Ten items were on the Committee's August 26, 2005,
           meeting agenda. The Committee recommends your action on nine items, as one item was
           continued prior to the meeting. Item 2-B1 was continued at the request of the Ramona
           Community Planning Group. All remaining items are recommended for action.
           FISCAL IMPACT:
           Funds for this proposal are budgeted in the Department of Public Works Road Fund.

           RECOMMENDATION:
           TRAFFIC ADVISORY COMMITTEE
           Consider and file report including the following recommendations:

           District 2
           2-A. Telford Lane and Sixth Street, RAMONA-Do not establish any regulatory controls.

           2-B1. This item was continued prior to the meeting at the request of the Ramona Community
                 Planning Group.
           2-B2. Beechtree Street, south side, from a point 670 feet west of the west line of Hiram Way
                 westerly 140 feet, LAKESIDE-Legalize an existing parking prohibition, “No Stopping
                 During School Hours on School Days”.
           2-B3. Lakeview Road, both sides, from the south line of Khuram Street southerly to a point
                 210 feet south of the south line of Sohail Street (a distance of 590 feet), LAKESIDE-
                 Establish a parking prohibition.


           District 5
           5-A. Avenida de Acacias/Calle Jon Norte and La Flecha, RANCHO SANTA FE-Establish an
                   all-way stop control. Direct this intersection be monitored for a full year after the
                   proposed all-way stop control is installed and have staff report back as to its impact on
                   the existing operating conditions.
           5-B.   Burma Road from the west line of Olive Hill Road westerly to the east line of Luneta
                  Lane, FALLBROOK-Establish a 45 MPH speed limit. Direct the proposed 45 MPH
                  speed limit be certified for radar enforcement.
           5-C1. Olive Hill Road, north side, from a point 700 feet west of the west line of State Route 76
                 westerly 770 feet, BONSALL-Establish a parking prohibition.


10/26/05                                                                                              5
           5-C2. Mission Road, north side, from the east line of Hill Avenue easterly 140 feet,
                 FALLBROOK-Delete an existing parking prohibition.
           5-C3. Paseo Delicias, both sides, from the east line of Avenida de Acacias easterly to the west
                 line of La Granada, RANCHO SANTA FE-Establish one-hour time limit parking.
           5-C4. Paseo Delicias, south side, from the east line of Avenida de Acacias easterly 20 feet,
                 RANCHO SANTA FE-Establish a passenger loading zone.

           CHIEF ADMINISTRATIVE OFFICER
           1.   Find that the proposed project is exempt from the California Environmental Quality Act
                (CEQA) as specified under Section 15301 of the State CEQA Guidelines.
           2.     Concur with Traffic Advisory Committee's recommendations.
           3.     Adopt, amend and/or delete the following Resolutions.
                  No. 299    (Item 5-A)
                  No. 300    (Item 5-C4)
                  No. 301    (Items 2-B2, 2-B3, 5-C1 and 5-C2)
                  No. 304    (Item 5-A)
           4.     Approve the introduction, read title and waive further reading of the following
                  Ordinances (Item 5-B and 5-C3).
                  AN ORDINANCE ADDING SECTION 72.148.3. TO THE SAN DIEGO COUNTY
                  CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN
                  DIEGO
                  AN ORDINANCE ADDING SECTION 72.169.77.2. TO THE SAN DIEGO COUNTY
                  CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN
                  DIEGO
                  Submit the Ordinances for further Board consideration and adoption (second reading), on
                  November 2, 2005.

           ACTION:
           ON MOTION of Supervisor Jacob, seconded Supervisor Cox, the Board took action as
           recommended, on Consent, introducing Ordinances for further consideration on November 2,
           2005 and adopting the following:
           Resolution No. 05-207 entitled: TRAFFIC RESOLUTION NO. 2976, RESOLUTION
           AMENDING TRAFFIC RESOLUTION NO. 299 RELATING TO THE ESTABLISHMENT
           OF ALL-WAY STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO;
           Resolution No. 05-208 entitled: TRAFFIC RESOLUTION NO. 2977, RESOLUTION
           AMENDING TRAFFIC RESOLUTION NO. 300 RELATING TO THE ESTABLISHMENT
           OF LOADING ZONES IN THE COUNTY OF SAN DIEGO;

10/26/05                                                                                            6
           Resolution No. 05-209 entitled: TRAFFIC RESOLUTION NO. 2978, RESOLUTION
           AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT
           OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO;
           Resolution No. 05-210 entitled: TRAFFIC RESOLUTION NO. 2979, RESOLUTION
           AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT
           OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO;
           Resolution No. 05-211 entitled: TRAFFIC RESOLUTION NO. 2980, RESOLUTION
           AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT
           OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO;
           Resolution No. 05-212 entitled: TRAFFIC RESOLUTION NO. 2981, RESOLUTION
           AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT
           OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO; and
           Resolution No. 05-213 entitled: TRAFFIC RESOLUTION NO. 2982, RESOLUTION
           AMENDING TRAFFIC RESOLUTION NO. 304 RELATING TO THE ESTABLISHMENT
           OF STOP INTERSECTIONS IN THE COUNTY OF SAN DIEGO.
           AYES: Cox, Jacob, Slater-Price, Roberts
           ABSENT: Horn


5.         SUBJECT:        AN ORDINANCE AMENDING SECTION 65.104 OF THE SAN
                           DIEGO COUNTY REGULATORY ORDINANCE RELATING TO
                           RENEWAL OF PERMIT, LICENSE, OR REGISTRATION
                           (DISTRICT: ALL)
           OVERVIEW:
           The Department of Environmental Health has over one thousand mobile food facility permits
           which expire on December 31st of each year. This large number of permits expiring on the
           same day creates a workload strain on staff as well as produces a backlog in permit processing.
           This is a request to approve an amendment to Title 6, Health and Sanitation, of the San Diego
           County Code of Regulatory Ordinances to change the expiration date of mobile food facilities to
           distribute the permit processing of mobile food facilities between two months of the year instead
           of all mobile food facility permits coming due on the same day. Mobile food facility permits
           would expire either on December 31st or March 31st of each year. This amendment will
           essentially divide the permitting processing in half between the two expiration dates. This
           distribution of permit processing will improve service to the mobile food facility operators and
           reduce the unmanageable workload for permit staff.




10/26/05                                                                                              7
           FISCAL IMPACT:
           There is no fiscal impact resulting from this action. However, if approved, this request will result
           in a one-time delay of the expected permit fee revenues of approximately $90,000 for
           “prepackaged” mobile food facilities of 90 days and potentially less penalty fees being generated
           due to billings coinciding with normal operating practices of “prepackaged” mobile food
           facilities.

           BUSINESS IMPACT STATEMENT:
           This amendment will have a positive impact on the seasonal mobile food facility that
           primarily operate in the spring and summer months of the year. “Prepackaged” mobile food
           facilities such as ice cream and produce truck generally do not operate during the cooler
           months of the year December to April. Since they are not operating, many of these mobile
           food facilities do not renew their permits before the December 31st expiration date which in
           turn results is penalty fees being generated for delinquent fees. Changing the expiration date
           to March 31st, for these seasonal mobile food facilities would encourage them to renew their
           permit before they expire.
           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
           1. Find in accordance with Section 15061(b)(3) of the State of California
              Environmental Quality Act Guidelines that it can be seen with certainty that there is no
              possibility that the activity in question may have a significant effect on the environment and
              is, therefore, not subject to the California Environmental Quality Act.
           2. Approve introduction of the following Ordinance (first reading), read title and waive further
              reading of the following Ordinance:
              AN ORDINANCE AMENDING SECTION 65.104 OF THE SAN DIEGO COUNTY
              REGULATORY ORDINANCE RELATING TO RENEWAL OF PERMIT, LICENSE, OR
              REGISTRATION.
              Submit the Ordinance for further Board consideration and adoption (second reading) on
              November 2, 2005.
           ACTION:
           ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
           took action as recommended, on Consent, introducing Ordinance for further consideration on
           November 2, 2005.
           AYES: Cox, Jacob, Slater-Price, Roberts
           ABSENT: Horn




10/26/05                                                                                                 8
6.         SUBJECT:       APPOINTMENT AND REAPPOINTMENTS TO THE COUNTY’S
                          SUNSET ADVISORY BOARD (DISTRICT: ALL)
           OVERVIEW:
           On September 15, 1997 (42), the Board of Supervisors established the Sunset Advisory Board
           for San Diego County. The Sunset Advisory Board is authorized to have seven members, one
           representative for each Supervisorial district and two representatives for the Chief
           Administrative Officer. Currently there are six vacancies on the Sunset Advisory Board. This
           action will result in the appointment/reappointment of four members.
           FISCAL IMPACT:
           N/A
           RECOMMENDATION:
           CHIEF ADMINISTRATIVE OFFICER
            1. Reappoint Eric Anderson, Charles Gizoni, and James Schmidt for three-year terms on the
               Sunset Advisory Board, terms to expire October 26, 2008.
            2. Appoint Michael Anderson for a three-year term on the Sunset Advisory Board, to expire
               on October 26, 2008.
           ACTION:
           ON MOTION of Supervisor Jacob, seconded by Supervisor Cox, the Board of Supervisors
           took action as recommended, on Consent.
           AYES: Cox, Jacob, Slater-Price, Roberts
           ABSENT: Horn

7.         SUBJECT:        CLOSED SESSION (DISTRICTS: ALL)
                           CARRYOVER FROM 10/25/05 (15)
           OVERVIEW:
           A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
              Subdivision (a) of Government Code section 54956.9)
              County of San Diego v. State of California, et al.; San Diego County Superior Court
              No. GIC 825109
           B.   CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
                (Subdivision (a) of Government Code section 54956.9)
                Renee Alford, et al. v. County of San Diego, et al.; San Diego County Superior Court
                No. GIC 841583
           C.   CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
                (Subdivision (a) of Government Code section 54956.9)
                San Diego County Retirement Association v. County of San Diego; San Diego County
                Superior Court No. GIC 845430

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           D.   PUBLIC EMPLOYEE PERFORMANCE EVALUATION
                (Government Code section 54957)
                Title: Chief Administrative Officer

           ACTION:
           No reportable items.


8.         SUBJECT:         PUBLIC COMMUNICATION

           OVERVIEW:
           John Van Doorn addressed the Board with concerns about Child Protective Services.


           ACTION:
           Heard, referred to the Chief Administrative Officer.

There being no further business, the Board adjourned at 11:04 a.m. in memory of Don Fritzges, David
W. Crabb, Richard Weiser and Ron Wheatcroft.


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

     Consent: Kellogg
     Discussion: Randolph

     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.




10/26/05                                                                                        10

								
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