HomeMy WebLinkAboutMINUTES - 02091993 - X.3 ,. Contra
TO: BOARD OF SUPERVISORS
Costa
FROM: Victor J. Westman, County Counsel
County
DATE: February 9, 1993
co
SUBJECT: EBMUD's Proposed Tolling Agreement for Wiedemann Ranch
LAFCO Reorganization (LAFC 91-17 ) and Residential
Community Project Decisions .
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve the litigation tolling request of EBMUD and authorize
County Counsel actions as indicated below.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In the latter portion of 1992, LAFCO approved (Nov. 12, 1992 )
the Wiedemann Ranch Boundary Reorganization and accompanying sphere
of influence change.
Further, on December 8, 1992 this Board approved the Wiedemann
Ranch Residential Community project (the FEIR, Subs . 7575 and 7578,
P-1 rezoning and Preliminary Dev. Plan No. 3005-91 and Williamson
Act contracts Nos . 5-76 and 16-70) .
The EBMUD Board of Directors (by their attorney, Mark
Weinberger) have asked that the Board of Supervisors (as the
applicant before LAFCO for the Sphere change and approves of the
said project) agree to tolling (extending) the date to sue on the
change and project.
The GMEDA Director has indicated he has no objection, and the
County Counsel has indicated there appears to be no legal concern
presented assuming the Wiedemann Ranch project owners also agree,
which their attorney (Mark Armstrong) indicates they will do.
Should the Board agree, the County Counsel should be authorized to
execute an appropriate tolling arrangement for a period extending
to June 7, 1993 subject to the County's ability at any time to
limit the tolling period to 30 days after specified notice.
CONTINUED ON ATTACHMENT: YES SIGNATURE /
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON February 9, 1993 APPROVED AS RECOMMENDED = OTHER
i
j
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN i
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
� ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: County Counsel 646-2074 ATTESTED />�93
cc: GMEDA PHIL BATCHELOR, CLERK OF
LAFCO Executive Officer THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
MOM M a:\tolling