Cox Cable Contract - DOC

Document Sample
Cox Cable Contract - DOC Powered By Docstoc
					                         STATEMENT OF PROCEEDINGS
               COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
            REGULAR MEETING - PLANNING AND LAND USE MATTERS
                            WEDNESDAY, MAY 13, 2009
                        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 Dianne Jacob, Chairwoman; Pam Slater-Price, Vice Chairwoman; Bill Horn;
Ron Roberts; Greg Cox; also David Hall, Assistant Clerk of the Board.

Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meeting May 6, 2009.

ACTION:
ON MOTION of Supervisor Slater-Price, seconded by Supervisor Cox, the Board of Supervisors approved
the Statement of Proceedings/Minutes for the Meeting of May 6, 2009.

AYES: Cox, Jacob, Slater-Price
ABSENT: Roberts, Horn


                           Board of Supervisors’ Agenda Items

 1.       NOTICED PUBLIC HEARING:
          LAGO DE SAN MARCOS ZONE RECLASSIFICATION; R07-009 NORTH COUNTY
          METROPOLITAN SUBREGIONAL PLANNING AREA

 2.       NOTICED PUBLIC HEARING:
          DISSOLUTION PROCEEDINGS – PERMANENT ROAD DIVISION ZONE NO. 1004
          – BUTTERFLY LANE IN THE LA MESA AREA (5/13/09 – FIRST READING
          ORDINANCE; 6/17/09 – ADOPT ORDINANCE AND DISSOLUTION RESOLUTION)

 3.       AUTHORIZATION TO ACCEPT $7 MILLION IN FEDERAL GRANTS FOR
          HAZARDOUS FUELS REDUCTION ACTIVITIES
          [FUNDING SOURCE(S): FEDERAL GRANTS ADMINISTERED BY THE UNITED
          STATES DEPARTMENT OF AGRICULTURE, UNITED STATES FOREST
          SERVICE]

 4.       PROGRESS REPORT ON THE GENERAL PLAN UPDATE

 5.       REQUEST FOR AUTHORIZATION TO SUBMIT THE COUNTY’S REVISED LIST
          OF LOCAL STREETS AND ROADS PROJECTS USING FUNDING FROM
          PROPOSITION 1B
5/13/09                                                               1
 6.       APPROVE REVENUE AGREEMENT WITH THE STATE OF CALIFORNIA FOR
          ENFORCEMENT OF THE STATE RADIATION CONTROL LAW
          [FUNDING SOURCE(S): REVENUE AGREEMENT WITH THE CALIFORNIA
          DEPARTMENT OF PUBLIC HEALTH, RADIOLOGICAL HEALTH BRANCH WITH
          A MAXIMUM REIMBURSEMENT PER THE AGREEMENT EACH FISCAL YEAR
          AND REALIGNMENT REVENUE EACH FISCAL YEAR]

 7.       POTRERO PARK/MASON WILDLIFE PRESERVE – ACQUISITON OF 187 ACRES
          FOR OPEN SPACE (MCCUNNEY AND BROWN) (SET HEARING 5/13/09; HOLD
          HEARING 6/17/09)

 8.       ACCEPT PROPOSITION 1B GRANTS AND ADVERTISE AND AWARD A
          CONTRACT TO CONSTRUCT TRAFFIC LIGHT SYNCHRONIZATION ALONG
          BRIARWOOD IN BONITA AND SOUTH MISSION ROAD IN FALLBROOK
          (4 VOTES)

 9.       ESTABLISHMENT OF APPROPRIATIONS AND APPROVAL OF AN AMENDMENT
          TO THE JOINT POWERS AGREEMENT WITH THE VALLEY CENTER PARKS
          AND RECREATION DISTRICT FOR RECREATIONAL FACILITY
          IMPROVEMENTS
          [FUNDING SOURCE(S): FUND BALANCE AVAILABLE IN THE VALLEY CENTER
          PARK LAND DEDICATION ORDINANCE FUND]
          (4 VOTES)

 10.      CHANGES IN APPROPRIATIONS FOR PERMANENT ROAD DIVISION ZONE NO.
          1016 – El SERENO WAY AND PERMANENT ROAD DIVISION ZONE NO. 1015 –
          LANDAVO
          [FUNDING SOURCE(S): PERMANENT ROAD DIVISION INTERNAL SERVICE
          FUND LOANS WITH A TERM OF THREE YEARS FOR PERMANENT ROAD
          DIVISION ZONE NO. 1016 AND A TERM OF SEVEN YEARS FOR PERMANENT
          ROAD DIVISION ZONE NO. 1015]
          (4 VOTES)

 11.      SAN MARCOS II LANDFILL CLOSURE, REVEGETATION AND IRRIGATION
          CONTRACT CHANGE ORDER TO EXTEND PLANT MAINTENANCE PERIOD

 12.      ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF OLIVE VISTA
          DRIVE AND JEFFERSON ROAD IMPROVEMENT PROJECT IN JAMUL-DULZURA
          [FUNDING SOURCE(S): TRANSNET , TRANSPORTATION DEVELOPMENT ACT,
          TRANSNET BICYCLES , SAN DIEGO GAS & ELECTRIC, AT&T AND COX
          CABLE]
          (4 VOTES)



5/13/09                                                                 2
 13.      TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS

 14.      ADMINISTRATIVE ITEM:
          EXTENSION OF TIME TO COMPLETE IMPROVEMENTS FOR COUNTY OF SAN
          DIEGO TRACT NOS. 4613-4 (FINAL MAP 14945), 4613-5 (FINAL MAP 14946), AND
          4613-6 (FINAL MAP 14947), LOCATED IN BORREGO SPRINGS COMMUNITY
          SPONSOR GROUP AREA

 15.      ADMINISTRATIVE ITEM:
          SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: APPROVE
          ORDINANCES AMENDING COUNTY ORDINANCE NOS. 9678 AND 9679
          REGARDING WATER SERVICE CHARGES IN CAMPO WATER AND SEWER
          MAINTENANCE DISTRICT (5/6/09 – INTRODUCE ORDINANCES; 5/13/09 –
          ADOPT ORDINANCES)

 16.      AN ORDINANCE AMENDING SECTION 51.306 OF THE SAN DIEGO COUNTY
          CODE RELATING STREET SETBACK LINE REQUIREMENTS
          (4 VOTES)

 17.      CLOSED SESSION
          (CARRYOVER ITEM FROM 5/12/09, AGENDA NO. 27)

 18.      PUBLIC COMMUNICATION




5/13/09                                                                       3
 1.       SUBJECT:          NOTICED PUBLIC HEARING:
                            LAGO DE SAN MARCOS ZONE RECLASSIFICATION;
                            R07-009 NORTH COUNTY METROPOLITAN SUBREGIONAL
                            PLANNING AREA (DISTRICT: 5)

          OVERVIEW:
          On March 13, 2009 the Planning Commission approved a Tentative Map TM5388RPL3 for
          the Lago de San Marcos Condominiums, pending the Board of Supervisors’ adoption of a
          Zone Reclassification for the property. The project applicant now seeks the Board’s
          approval for a Zone Reclassification that would increase the number of stories from two to
          three without increasing the maximum height of structures, which will remain at 35 feet. No
          other zoning changes are proposed.

          Lago de San Marcos Condominiums proposes 42 units in eight buildings on a 1.97-acre lot
          in the North County Metropolitan Subregional Plan Area. The project site is located at the
          southeast corner of Rancho Santa Fe Road and Lake San Marcos Drive (Thomas Guide
          Page 1128/C2). Although the site is zoned for commercial use, the C-31 zone allows multi-
          family residential development. The increase from two to three stories is required to achieve
          the proposed residential density of 21.3 dwelling units per acre, which is less than the
          maximum density permitted by the zone.

          FISCAL IMPACT:
          N/A

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          PLANNING COMMISSION
          Adopt the attached Form of Ordinance (Attachment B):

                AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF
                CERTAIN PROPERTY IN THE NORTH COUNTY METROPOLITAN
                SUBREGIONAL PLAN AREA, REF: R07-009

          DEPARTMENT OF PLANNING AND LAND USE
          The Department concurs with the Planning Commission recommendation.




5/13/09                                                                                           1
          ACTION:
          ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board closed the
          Hearing and took action as recommended, adopting Ordinance No. 9983(N.S.), entitled: AN
          ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN
          PROPERTY IN THE NORTH COUNTY METROPOLITAN SUBREGIONAL PLAN
          AREA, REF: R07-009.

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn

 2.       SUBJECT:           NOTICED PUBLIC HEARING:
                             DISSOLUTION PROCEEDINGS – PERMANENT ROAD
                             DIVISION ZONE NO. 1004 – BUTTERFLY LANE IN THE LA
                             MESA AREA (5/13/09 – FIRST READING ORDINANCE; 6/17/09
                             – ADOPT ORDINANCE AND DISSOLUTION RESOLUTION)
                             (DISTRICT: 2)

          OVERVIEW:
          On April 27, 1999 (12), the Board authorized the formation of Permanent Road Division
          Zone No. 1004 – Butterfly Lane in the La Mesa area of the County of San Diego (Thomas
          Guide page 1271, E-2). The Zone was formed for the purpose of improving and paving
          Butterfly Lane. Major road work has been completed and the Zone has retired the loan debt.

          On March 18, 2009, the Department of Public Works received a petition from the Zone
          Chairperson requesting dissolution of Permanent Road Division Zone No. 1004 – Butterfly
          Lane. This petition was signed by 78 percent of property owners within the Zone boundary.
          The property owners requested that the remaining funds be used for a slurry seal on the road.
          Funds for this purpose have been encumbered and the work was completed in April 2009.

          This action requires two steps. On March 13, 2009, the Board will consider dissolving
          Permanent Road Division No. 1004 by introducing an Ordinance to repeal Ordinance
          No. 9128 that provides a procedure for fixing and collecting assessment charges on the tax
          roll for services. If the Board takes the action on May 13, 2009 in recommendations 1 and 2,
          then on June 17, 2009, the Board may adopt the Ordinance to repeal Ordinance No. 9128
          and a Resolution ordering the dissolution of Permanent Road Division Zone No. 1004 –
          Butterfly Lane. These actions are listed as Recommendations 3 and 4.

          FISCAL IMPACT:
          If approved, no annual costs or additional staff years will be required. Once dissolution is
          complete, staff will issue refunds to property owners if funding is sufficient for processing. If
          funding is insufficient to process a refund, in accordance with State Permanent Road
          Division Law, the General Fund will be the recipient of any base revenue and annual tax
          increment factor of Permanent Road Division Zone No. 1004 – Butterfly Lane. Upon
          dissolution, Butterfly Lane will become the responsibility of the property owners who share
          road ownership. Thereafter the County will have no responsibility for road maintenance.
5/13/09                                                                                              2
          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          On May 13, 2009:
          1. Find that the proposed actions are exempt from the California Environmental Quality
             Act (CEQA) as specified under Section 15061(b)(3) of the State CEQA Guidelines.

          2. Approve the introduction of the Ordinance (first reading), read title and waive further
             reading of Ordinance.

                AN ORDINANCE TO REPEAL ORDINANCE NO. 9128 (NEW SERIES)
                PROVIDING A PROCEDURE FOR FIXING AND COLLECTING CHARGES
                ON THE TAX ROLL FOR SERVICES AND CONTINUING IN EFFECT THE
                PREVIOUSLY APPROVED MAXIMUM CHARGE WITHIN SAN DIEGO
                COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO.
                1004 – BUTTERFLY LANE.

          If on May 13, 2009, the Board takes the action recommended in Items 1-2, then, on
          June 17, 2009:

          3. Adopt Ordinance to repeal Ordinance No. 9128.

          4. Adopt a Resolution entitled Resolution of the Board of Supervisors Ordering Dissolution
             of San Diego Countywide Permanent Road Division No. 1000, Zone No. 1004 –
             Butterfly Lane without an Election.

          ACTION:
          ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board the Board
          closed the Hearing and took action as recommended, on Consent, introducing Ordinance for
          further Board consideration and adoption on June 17, 2009.

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn



 3.       SUBJECT:         AUTHORIZATION TO ACCEPT $7 MILLION IN FEDERAL
                           GRANTS FOR HAZARDOUS FUELS REDUCTION
                           ACTIVITIES (DISTRICTS: 1, 2, & 5)

          OVERVIEW:
          The County has a deep commitment to safeguarding lives and property from wildfires. On
          June 16, 2004 (4), the Board established the Fire Safety and Fuels Reduction Program to
          resourcefully and effectively implement a comprehensive program to complete over $47
5/13/09                                                                                      3
          million in fuels reduction activities. The program has been extremely successful, however,
          fuel loads in areas of the unincorporated county still pose a threat to citizens and property,
          necessitating continuing actions to remove dead, dying and diseased trees and thin hazardous
          brush.

          This is a request to authorize the Director, Department of Planning and Land Use to accept
          federal grant funds as they become available, currently estimated at up to $7 million, for the
          Fire Safety and Fuels Reduction Program efforts, and to approve actions to secure contract
          services to begin the work on both public and private lands in the unincorporated area of the
          county. This grant requires a 10% match, which will bring the total amount available for
          fuel reduction to $7.78 million. Matching in-kind vegetation work will be provided by an
          existing agreement with San Diego Gas and Electric, at no additional cost to the County.

          FISCAL IMPACT:
          Funds for this request are not included in the FY 2008-2010 Operational Plan. This action
          may result in grant revenue of up to $7 million which will be used over multiple years for
          hazardous fuels reduction activities in the unincorporated area of San Diego County to help
          prevent future damage to lives and property from wildfires. The funding source is federal
          grants administered by the United States Department of Agriculture, United States Forest
          Service. The work will be accomplished through tree and brush removal contracts, as well as
          consultant contracts for the identification of hazardous vegetation, environmental surveys,
          inspection activities and administrative tasks. These contracts will be administered by
          existing staff. A match of 10% is required (up to $780,000) and will be provided at no
          additional cost to the County through in-kind vegetation work performed by San Diego Gas
          and Electric. If approved, funds for this request will be included in the FY 2009-2011 CAO
          Proposed Operational Plan Change Letter. This request will not require any additional staff
          years.

          BUSINESS IMPACT STATEMENT:
          The County is committed to reducing fire hazards and supporting economic viability for
          utilization of the resulting woody biomass. The County will seek beneficial uses for all
          resulting biomass. Practical uses of biomass, such as onsite ground cover and transporting to
          chipping and composting companies, benefit both the environment and supports local
          biomass processors.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the proposed project is exempt from the California Environmental Quality Act
             (CEQA) as specified under Section 15269(c) of the State CEQA Guidelines, for the
             reasons detailed in the Notice of Exemption Form dated April 30, 2009 on file with the
             Department of Planning and Land Use.




5/13/09                                                                                            4
          2. Authorize the Director, Department of Planning and Land Use to accept up to $7 million
             in grant funds from the United States Department of Agriculture, Forest Service as
             necessary to carry out hazardous fuels reduction activities through Fiscal Year
             2012-2013.

          3. Authorize the Director, Department of Planning and Land Use to conduct all
             negotiations and execute and submit all documents that may be necessary for
             implementation of the grants including any amendments that do not materially impact or
             alter the grant program.

          4. In accordance with Article XXIII, Section 401, et seq. of the County Administrative
             Code, authorize the Director, Department of Purchasing and Contracting, to issue
             Competitive Solicitations and award contracts, and to amend the contracts as needed to
             reflect changes to services and funding, for project management services and tree and
             brush removal services.

          ACTION:
          Revising the Notice of Exemption’s Project Location language to read:

          “The project covers the unincorporated portions of the County of San Diego as referenced in
          Attachment D hereto.”;

          ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took
          action as recommended.

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn



 4.       SUBJECT:          PROGRESS REPORT ON THE GENERAL PLAN UPDATE
                            (DISTRICTS: ALL)

          OVERVIEW:
          This report provides a summary of the progress that has been made by the Department of
          Planning and Land Use on the General Plan Update during the past year. Additionally, it
          presents major issues associated with the project that have been raised by stakeholders and
          provides an opportunity for the public and Board of Supervisors to provide comments on the
          project as it progresses.

          FISCAL IMPACT:
          N/A

          BUSINESS IMPACT STATEMENT:
          N/A



5/13/09                                                                                         5
          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          Receive this report.

          ACTION:
          ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board received the
          report and directed that the Chief Administrative Officer to take the following actions:

          1. Continue to allow Plan Amendment Authorizations (PAA) to be processed pursuant to
             Board Policy I-63 pending the completion of the General Plan Update; and

          2. Return to the Board with an amendment to the General Plan 2020 Statements of
             Legislative Intent such that the last sentence under “Legislative Intent” in the section
             entitled “Decoupling” reads as follows:

             “While minimum parcel sizes should be smaller in higher density areas than in medium
             or low-density areas, in general, parcel sizes could be the same or smaller than the
             corresponding general plan density to allow for greater flexibility in subdivision design
             and to allow for preservation of sensitive natural resources.”;

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn



 5.       SUBJECT:          REQUEST FOR AUTHORIZATION TO SUBMIT THE
                            COUNTY’S REVISED LIST OF LOCAL STREETS AND
                            ROADS PROJECTS USING FUNDING FROM PROPOSITION
                            1B (DISTRICTS: ALL)

          OVERVIEW:
          In November 2006, voters approved Proposition 1B, which provided $2 billion for
          California’s local streets and roads. The Governor’s proposed budget for Fiscal Year
          2008-09 did not include any Proposition 1B funding for County local streets and roads.
          Subsequently, Assembly Bills AB 88 and AB 1252 passed into law, allocating Proposition
          1B funding this fiscal year. San Diego County will receive approximately $10.4 million. On
          November 19, 2008 (6), the Board approved $10,417,594 in Proposition 1B funding for nine
          local streets and roads construction projects. Due to State budget issues, the County’s
          receipt of Proposition 1B funds was delayed.

          Since that time, the potential for economic stimulus funding was identified and on
          February 25, 2009 (4), the Board authorized the addition of 31 projects to the San Diego
          Association of Governments’ Regional Transportation Improvement Program in order to
          position the projects for receiving economic stimulus funding. On March 27, 2009, the San
          Diego Association of Governments Board of Directors approved the exchange of federal

5/13/09                                                                                          6
          economic stimulus funds with TransNet funds for local street and road projects. This
          exchange will provide the County of San Diego with $9,569,000 in TransNet funding and
          will be used on local streets and roads projects. A portion of these projects were previously
          identified for Proposition 1B funding.

          Proposition 1B is a funding source dependent on bond issuance by the State. The State
          recently began issuing bonds again. It is anticipated that Proposition 1B funding may soon be
          available. It is in the County’s best interest to allocate these funds now to be in position to
          use the funds when they become available.

          This is a request to adopt a resolution authorizing the submittal to the State of a revised list
          of County Local Streets and Roads Projects the County intends to construct with funding
          from authorized Proposition 1B funds.

          Should there be savings from any of the proposed Proposition 1B funded projects, the
          resolution also includes an allocation of those savings to the Rubberized Emulsion
          Aggregate Slurry Project. This provision will enable earliest, full use of the Proposition 1B
          funding, to maximize benefit for County roads.

          FISCAL IMPACT:
          There will be no current year fiscal impact as a result of these actions. The proposed action
          will allocate, by Resolution, $10,417,594 in Proposition 1B funding that the County is
          entitled to receive. Appropriations will be established based on the Proposition 1B funding
          as these projects are brought to your Board for authorization to advertise and award
          construction contracts.

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find in accordance with Section 15060(c) (3) of the California Environmental Quality
             Act (CEQA) Guidelines that the proposed action is exempt from CEQA review because
             the activity is not a project as defined in Section 15378 of the State CEQA Guidelines.

          2. Adopt a resolution entitled Resolution of the County of San Diego Board of Supervisors
             Authorizing Submittal of the County’s Revised List of Local Streets and Roads Projects
             Using Funding from Proposition 1B.




5/13/09                                                                                              7
          ACTION:
          ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as
          recommended, on Consent, adopting Resolution No. 09-086, entitled: RESOLUTION OF
          THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS AUTHORIZING
          SUBMITTAL OF THE COUNTY’S REVISED LIST OF LOCAL STREETS AND ROADS
          PROJECTS USING FUNDING FROM PROPOSITION 1B.

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn



 6.       SUBJECT:          APPROVE REVENUE AGREEMENT WITH THE STATE OF
                            CALIFORNIA FOR ENFORCEMENT OF THE STATE
                            RADIATION CONTROL LAW (DISTRICTS: ALL)

          OVERVIEW:
          On June 7, 2007 (5) the Board of Supervisors approved and authorized the Director of
          Environmental Health to execute a two-year revenue agreement with the California
          Department of Public Health, Radiological Health Branch, to enforce the Radiation Control
          Law in San Diego County, for the period July 1, 2007 through June 30, 2009. The County of
          San Diego Department of Environmental Health is requesting that Board of Supervisors
          approve a new two-year revenue agreement with the California Department of Public Health
          for the period of July 1, 2009 through June 30, 2011.

          Since 1986, the California Department of Health Services has contracted with the
          Department of Environmental Health to enforce the State Radiation Control Law in San
          Diego County. The local enforcement activities of the Department of Environmental
          Health’s Radiation Control program protect the citizens and environment of San Diego
          County from the effects of radiation and ensure that all State and federal regulations are met.

          The Department of Environmental Health requests approval to enter into a two-year revenue
          agreement with the California Department of Public Health in the amount of $949,995 for
          Fiscal Year 2009-10 and $949,995 for Fiscal Year 2010-11 to enforce the Radiation Control
          Law in San Diego County.

          FISCAL IMPACT:
          Funds for this request are included in the proposed Fiscal Years 2009-11 Operational Plan
          for the Department of Environmental Health. The funding sources are the revenue
          agreement with the California Department of Public Health, Radiological Health Branch
          with a maximum reimbursement per the agreement is $949,995 each fiscal year and
          Realignment revenue in the amount of $74,920 each fiscal year. However, the agreement
          limits the reimbursement for benefit and indirect costs. Therefore the anticipated revenue
          from this agreement is $826,666.


5/13/09                                                                                             8
          The full program cost is projected at $977,513 per year. The agreement disallows estimated
          internal costs of $74,920 and external indirect costs (A-87) of $75,927 which are above the
          maximum reimbursement rates, resulting in $826,666 eligible for reimbursement under the
          agreement.

          The internal cost of $74,920 will be funded from Realignment revenue budgeted in the
          Department of Environmental Health. However, a waiver of B-29 is being requested for the
          external indirect costs (A-87). This request will require no additional staff years.

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find in accordance with Section 15308 of the State of California Environmental Quality
             Act Guidelines that this action is exempt from California Environmental Quality Act as
             it is an action taken by a regulatory agency to assure the protection of the environment.

          2.   Approve and authorize the Director of Environmental Health to execute a two-year
               revenue agreement with the California Department of Public Health, Radiologic Health
               Branch, to enforce the Radiation Control Law in San Diego County, in an amount not to
               exceed $1,899,990 for the period July 1, 2009 through June 30, 2011.

          3.   Authorize the Director of Environmental Health to execute any amendments,
               extensions, and/or revisions thereof that do not materially impact or alter either the
               program or funding level.

          4.   Waive Board Policy B-29: Fees, Grants, Revenue Contracts – Department
               Responsibility for Cost Recovery, with respect to full cost recovery for the
               implementation of this contract.

          ACTION:
          ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as
          recommended, on Consent.

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn




5/13/09                                                                                          9
 7.       SUBJECT:           NOTICED PUBLIC HEARING:
                             POTRERO PARK/MASON WILDLIFE PRESERVE –
                             ACQUISITON OF 187 ACRES FOR OPEN SPACE
                             (MCCUNNEY AND BROWN) (SET HEARING 5/13/09; HOLD
                             HEARING 6/17/09) (DISTRICT: 2)

          OVERVIEW:
          The County has identified a 187-acre parcel available for purchase in the unincorporated
          community of Potrero situated between the County’s Mason Wildlife Preserve and Potrero
          County Park. The parcel contains northern mixed chaparral, coast live oak woodland and
          chamise chaparral habitat and a single family residence. The proposed acquisition will link
          Potrero County Park with Mason Wildlife Preserve and provide potential trail connections
          for the community. The parcel is within the proposed East County Multiple Species
          Conservation Program plan. The fair market value of the property is $467,500, as
          determined by an appraiser. (Thomas Guide, page 429, L-10).

          The proposed action to purchase this parcel requires two steps. On May 13, 2009, it is
          requested that the Board set a hearing for June 17, 2009 and provide public notice of the
          hearing, which are recommendations 2 and 3 below. If the Board takes the action in
          recommendations 1 through 3, then on June 17, 2009, after making necessary environmental
          findings, the Board is requested to approve the purchase of Assessor’s Parcel Number
          653-120-06 for the appraised value of $467,500. These actions, listed as recommendations
          4, 5 and 6 below, are discretionary after consideration of public testimony.

          FISCAL IMPACT:
          Should the Board approve the purchase of the McCunney-Brown property for $467,500 on
          June 17, 2009 funds for the purchase will be provided by existing budgeted funds available
          in Capital Project 1000012 – Multiple Species Conservation Program (MSCP) Acquisitions.
           If approved, there will be a current year cost to Capital Project 1000012 of $678,200
          including $467,500 for the property acquisition, plus $4,600 for title and escrow fees,
          $13,500 for staff and administrative expenses to complete the transaction and $192,600 for
          one-time stewardship activities. The one-time stewardship activities will include surveying
          and fencing the property, signage and vegetation management. Funding for the ongoing
          costs related to operation and maintenance of the property is included in the adopted Fiscal
          Years 2008-10 Operational Plan in the Department of Parks and Recreation. Ongoing
          MSCP stewardship and monitoring costs for this property are estimated at $28,050 per year.
          In addition, there will be an annual cost of $61 for Fixed Charge Assessments on the
          property, including fire protection, water standby and vector control charges. Although
          continued acquisition of property for the MSCP could eventually create the need for
          additional oversight staff, no additional staffing will be required as a result of this purchase.

          BUSINESS IMPACT STATEMENT:
          N/A


5/13/09                                                                                               10
          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          On May 13, 2009:
          1.  Find that the proposed action to set a hearing to consider approving the purchase of
              Assessor’s Parcel Number 653-120-06 is exempt from review under the California
              Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) of the CEQA
              Guidelines, as it is not a project as defined under Section 15378 of the CEQA
              Guidelines.

          2.    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.

          3.    Set a hearing for June 17, 2009, at which time the Board of Supervisors may consider
                approving the purchase of Assessor’s Parcel Number 653-120-06 from Tina
                McCunney and Ronald Brown (McCunney-Brown), for $467,500.

          If, on May 13, 2009, the Board takes the action recommended in Items 1-3, then, on
          June 17, 2009:
          4.     Find, in accordance with Section 15325 of the California Environmental Quality Act
                 (CEQA) Guidelines, that the purchase of Assessor’s Parcel Number 653-120-06 is
                 categorically exempt from the provisions of the guidelines, as it involves the transfer
                 of ownership of land to preserve open space and natural habitat.

          5.    Approve the Real Property Contract for the purchase of Assessor’s Parcel Number
                653-120-06 from Tina McCunney and Ronald Brown, for the appraised value of
                $467,500 and direct the Clerk of the Board of Supervisors to execute two originals of
                the contract.

          6.    Authorize the Director of General Services, or designee, to execute all escrow and
                related documents necessary to complete the purchase of Assessor’s Parcel Number
                653-120-06.

          ACTION:
          ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board closed the
          Hearing and took action as recommended, on Consent, setting Hearing for June 17, 2009 at
          9:00 a.m.

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn




5/13/09                                                                                            11
 8.       SUBJECT:          ACCEPT PROPOSITION 1B GRANTS AND ADVERTISE AND
                            AWARD A CONTRACT TO CONSTRUCT TRAFFIC LIGHT
                            SYNCHRONIZATION ALONG BRIARWOOD IN BONITA AND
                            SOUTH MISSION ROAD IN FALLBROOK
                            (DISTRICTS: 1 & 5)

          OVERVIEW:
          Synchronization and interconnection of traffic signals benefits the commuting public and
          helps reduce auto emissions by facilitating traffic flow and reducing congestion and
          associated vehicle idle times. For the past several years the County has made a concerted
          effort to synchronize and interconnect traffic signals. The Highway Safety, Traffic
          Reduction, Air Quality, and Port Security Bond Act of 2006, approved by the voters as
          Proposition 1B on November 7, 2006, included a $250 million program to fund traffic light
          synchronization projects and other technology-based improvements to improve safety,
          operations and the effective capacity of local streets and roads.

          In Summer 2008, County staff applied for funding from the Proposition 1B Traffic Light
          Synchronization Program for two traffic light synchronization projects: in Bonita along
          Briarwood Road (Thomas Guide page 1290, H7 and 1310, H1), and in Fallbrook along
          South Mission Road (Thomas Guide page 1027, G6-G7). In July 2008, Caltrans
          recommended the projects for funding. The State subsequently approved these projects for a
          total of $796,000; however, the State discontinued bond sales and bond-dependent funding
          stopped for these and other projects.

          The State recently resumed bond sales, and County staff was notified that the two
          interconnect projects are now funded. Caltrans has requested that the County proceed with
          advertisement and award of the construction contracts. This item, if approved, accepts the
          grants and establishes appropriations, as well as authorizes advertisement and award of these
          traffic signal interconnect projects.

          FISCAL IMPACT:
          Funds for this request are not included in the Fiscal Year 2008-09 Operational Plan. If
          approved, this request will result in a current year cost and revenue of $796,000. Funding is
          from the Proposition 1B Traffic Light Synchronization Program. There will be no change in
          General Fund cost, no annual cost and no additional staff years will be required.

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find proposed project is exempt from the California Environmental Quality Act (CEQA)
             as specified under Section 15301 of the State CEQA Guidelines.


5/13/09                                                                                           12
          2. Authorize the Director, Department of Public Works, to accept two grants from the
             Proposition 1B Traffic Light Synchronization Program for the Bonita Traffic Light
             Synchronization Program ($718,000) and the South Mission Road traffic
             synchronization in Fallbrook ($78,000), including execution of grant agreements and any
             other documents necessary to secure the grant funding.

          3. Establish appropriations of $796,000 in the Department of Public Works Road Fund, for
             the Bonita Traffic Light Synchronization Program ($718,000) and South Mission Road
             traffic synchronization in Fallbrook ($78,000) based on unanticipated revenue from the
             Proposition 1B Traffic Light Synchronization Program. (4 VOTES)

          4. Authorize the Director, Department of Purchasing and Contracting, to advertise for bids,
             award and contract and take any other action authorized by Section 401, et seq. of the
             Administrative Code with respect to contracting for the subject public works projects.

          5. Designate the Director, Department of Public Works, as County Officer responsible for
             administering the construction contracts in accordance with Board Policy F-41, Public
             Works Construction Contracts.

          ACTION:
          ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as
          recommended, on Consent.

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn

 9.       SUBJECT:          ESTABLISHMENT OF APPROPRIATIONS AND APPROVAL
                            OF AN AMENDMENT TO THE JOINT POWERS
                            AGREEMENT WITH THE VALLEY CENTER PARKS AND
                            RECREATION DISTRICT FOR RECREATIONAL FACILITY
                            IMPROVEMENTS (DISTRICT: 5)

          OVERVIEW:
          On August 11, 2008, the Valley Center Community Planning Group approved a five year
          project priority list for the use of existing Park Land Dedication Ordinance funds for
          additional improvement costs for park facilities in Valley Center, operated by the Valley
          Center Parks and Recreation District. (Thomas Guide Page 1070, F-7)

          In January of 2009, the Valley Center Parks and Recreation District sent a letter to the
          Department of Parks and Recreation requesting $75,000 in funding to purchase and install a
          new care-taker’s mobile home, complete the design and construct the related septic sewer
          system and purchase an additional piece of playground equipment for Robert Adams Park.
          The Department of Parks and Recreation concurs with the improvements and has determined
          that the funding request is reasonable and appropriate for Park Land Dedication Ordinance
          Fund use.

5/13/09                                                                                         13
          This action will authorize the Director of Parks and Recreation to execute an amendment to
          the existing Joint Exercise of Powers Agreement with the Valley Center Parks and
          Recreation District and allocate $75,000 of Park Land Dedication Ordinance funds for park
          improvements at Robert Adams Park.

          FISCAL IMPACT:
          Funds for this request are not included in the Fiscal Year 2008-2009 Operational Plan. If
          approved, this request will result in $75,000 current year cost, no annual cost and will
          require no additional staff years. The funding source is fund balance available in the Valley
          Center Park Land Dedication Ordinance Fund. Annual operations and maintenance costs
          will be the responsibility of the Valley Center Parks and Recreation District.

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that this project is exempt from the California Environmental Quality Act (CEQA)
             in accordance with CEQA Guidelines Section 15301.

          2.   Establish appropriations of $75,000 in the Valley Center Park Land Dedication
               Ordinance Fund for the Robert Adams Park based on fund balance available.
               (4 VOTES)

          3.   Authorize the Director of the Department of Parks and Recreation to execute the Fifth
               Amendment to the Joint Powers Agreement between the County of San Diego and the
               Valley Center Parks and Recreation District in the amount of $75,000, for park and
               recreational facility improvements at Robert Adams Park.

          ACTION:
          ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as
          recommended, on Consent.

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn



 10.      SUBJECT:          CHANGES IN APPROPRIATIONS FOR PERMANENT ROAD
                            DIVISION ZONE NO. 1016 – EL SERENO WAY AND
                            PERMANENT ROAD DIVISION ZONE NO. 1015 – LANDAVO
                            (DISTRICT: 5)

          OVERVIEW:
          On October 18, 2006 (2 and 8), the Board authorized the Clerk of the Board to execute Loan
          Agreements between Security Business Bank and the County of San Diego on behalf of
          Permanent Road Division Zones No. 1016 – El Sereno Way, located in the Vista area
5/13/09                                                                                         14
          (Thomas Guide page 1108, C-4), and No. 1015 – Landavo, located in the Escondido area
          (Thomas Guide page 1130, C-3, C-4).

          Both Zones were formed for the purpose of improving and maintaining roads, and the
          property owners approved borrowing money to fund their improvement programs. Two loan
          programs are available for this purpose; the Bank Loan Program and the Permanent Road
          Division Internal Service Fund. Due to current lower market interest rates, staff requested
          Security Business Bank to provide proposals for restructuring the remaining principal at a
          lower interest rate to provide cost savings to the property owners. The proposed loan
          products did not result in appreciable interest savings over the terms of the loans. Sufficient
          funds are available in the Permanent Road Division Internal Service Fund to retire the loans
          in the Bank Loan Program on June 30, 2009, and thus offer repayment at a lower interest rate
          to the property owners.

          This is a request to establish appropriations in Permanent Road Division Zone No. 1016 – El
          Sereno Way and No. 1015 – Landavo for loan payoff to Security Business Bank based on
          new loans from the Permanent Road Division Internal Service Fund.

          FISCAL IMPACT:
          Funds for this request are not budgeted. If approved, these actions will result in current year
          costs of $175,400 used to retire the debt from the Bank Loan Program. The funding source
          for the new loans will be Permanent Road Division Internal Service Fund loans with a term
          of three years for a $70,400 loan for Permanent Road Division Zone No. 1016 and a term of
          seven years for a $105,000 loan for Permanent Road Division Zone No. 1015. Refinancing
          the loans will result in lower interest payments for the Districts. There will be no additional
          staff years.

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the proposed action is exempt from the California Environmental Quality Act
             (CEQA) as specified under Section 15061(b)(3) of the State CEQA Guidelines.

          2.   Adopt a resolution entitled Transfer of Money to San Diego Countywide Permanent
               Road Division No. 1000, Zone No. 1016 – El Sereno Way and Schedule for Repayment
               to County.

          3. Adopt a resolution entitled Transfer of Money to San Diego Countywide Permanent
             Road Division No. 1000, Zone No. 1015 – Landavo and Schedule for Repayment to
             County.



5/13/09                                                                                             15
          4.   Establish appropriations of $70,400 in Permanent Road Division Zone No. 1016 – El
               Sereno Way for loan payoff to Security Business Bank based on a new loan from
               Permanent Road Division Internal Service Fund. (4 VOTES)

          5.   Establish appropriations of $105,000 in Permanent Road Division Zone No. 1015 –
               Landavo for loan payoff to Security Business Bank based on a new loan from
               Permanent Road Division Internal Service Fund. (4 VOTES)

          ACTION:
          ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as
          recommended, on Consent adopting Resolution No. 09-087, entitled: TRANSFER OF
          MONEY TO SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000,
          ZONE NO. 1016 – EL SERENO WAY AND SCHEDULE FOR REPAYMENT TO
          COUNTY; and adopting Resolution No. 09-088, entitled: TRANSFER OF MONEY TO
          SAN DIEGO COUNTYWIDE PERMANENT ROAD DIVISION NO. 1000, ZONE NO.
          1015 – LANDAVO AND SCHEDULE FOR REPAYMENT TO COUNTY.

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn



 11.      SUBJECT:           SAN MARCOS II LANDFILL CLOSURE, REVEGETATION
                             AND IRRIGATION CONTRACT CHANGE ORDER TO
                             EXTEND PLANT MAINTENANCE PERIOD (DISTRICT: 5)

          OVERVIEW:
          On March 24, 2004 (12), the Board authorized advertisement and award of the San Marcos II
          Landfill Cover System Project. This was a $16 million project to close the landfill by
          covering it using specific soils. Construction of the closure was completed in June 2006.

          On July 14, 2004 (2), the Board authorized advertisement and award of the San Marcos II
          Landfill Closure, Revegetation and Irrigation construction contract. The purpose of this
          contract was to provide installation and establishment of vegetation on the closed landfill.
          The contract was awarded to Valley Crest Landscape Development, and work began in April
          2005. Work included irrigation construction, seeding and container plant installation on 100
          acres of covered landfill. Also in scope was plant establishment and three years of plant
          maintenance.

          The County of San Diego is required to maintain specific minimum vegetation performance
          standards for the landfill for a period of up to five years following plant establishment, which
          began July 1, 2006. The vegetation maintenance portion of the project was originally
          anticipated to be fulfilled in three years, by June 30, 2009. However, based on a current
          analysis, minimum performance standards have not yet been achieved and it is recommended
          that plant maintenance be extended for an additional two years, until June 30, 2011.

5/13/09                                                                                              16
          This is a request to authorize a change order to the contract with Valley Crest Landscape
          Development to extend plant maintenance period for an additional two years, until
          June 30, 2011. The total change order will not exceed $225,000, bringing the total contract
          value to $2,387,072. Anticipated cost for the change order is within already budgeted
          contingency funds.

          FISCAL IMPACT:
          The total amount for the original contract, all approved minor contract change orders and
          this change order request are within appropriations previously approved by the Board for this
          project and no additional appropriations are required. The change order will extend the plant
          maintenance period for an additional two years, until June 30, 2011. Total change order cost
          will not exceed $225,000, bringing the total contract value to $2,387,072. No additional
          staff years will be required and there will be no impact to the General Fund.

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the Final Environmental Impact Report (EIR) for the San Marcos Landfill Final
             Closure and Post-Closure Maintenance Project, SCH No. 2001101126, dated April 2002,
             and Addendums to the San Marcos Landfill Final Closure and Post-Closure Maintenance
             Plans, on file with the Department of Public Works, were completed 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, and that the EIR and Addendums reflect
             the independent judgment and analysis of the Board of Supervisors; and,

             Find that there are no changes in the project or in circumstances under which it is
             undertaken which involve significant new environmental impacts which were not
             considered in the previously certified EIR and Addendums to the previously certified
             EIR, or a substantial increase in the severity of previously identified significant effects,
             and that no new information of substantial importance has become available since the
             EIR and Addendums were prepared.

          2. Authorize the Director, Department of Public Works, to execute one or more contract
             change orders with Valley Crest Landscape Development, to extend the plant
             maintenance period for an additional two years within the scope of the original contract
             for a total cost not to exceed $225,000.

          3. Waive the requirements of Board Policy A-87, Competitive Procurement, to the extent
             they are applicable.




5/13/09                                                                                             17
          ACTION:
          ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as
          recommended, on Consent.

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn



 12.      SUBJECT:          ADVERTISE AND AWARD CONTRACT FOR
                            CONSTRUCTION OF OLIVE VISTA DRIVE AND JEFFERSON
                            ROAD IMPROVEMENT PROJECT IN JAMUL-DULZURA
                            (DISTRICT: 2)

          OVERVIEW:
          The Olive Vista Drive and Jefferson Road Improvement Project, in the community of Jamul-
          Dulzura, will widen the road to include two existing traffic lanes, install pedestrian and
          bicycle accommodations, underground overhead utilities along Olive Vista Drive, and
          reconstruct the vertical curves alignment along Olive Vista Drive to improve the road’s
          profile and sight distance (Thomas Guide page 1292, H-1, J-1). This project will provide
          improved pedestrian and bicycle routes for school children and residents and improve safety
          for motorists.

          This is a request to approve advertisement and subsequent award to the lowest responsible
          bidder of a construction contract for Olive Vista Drive and Jefferson Road Improvement
          Project. Upon Board approval, Department of Purchasing and Contracting will advertise and
          subsequently award a contract for construction, scheduled from September 2009 to March
          2011.

          FISCAL IMPACT:
          Funds for this request are not budgeted in the Department of Public Works Fiscal Year 2008-
          09 Detailed Work Program. Funding sources are TransNet ($5,550,400), Transportation
          Development Act ($172,300), TransNet Bicycles ($125,000), San Diego Gas & Electric
          ($752,000), AT&T ($75,300) and Cox Cable ($75,000). If approved, this action will result
          in current year construction cost of $6,750,000. There will be no impact to the General
          Fund, no subsequent year cost, and no additional staff years will be required.

          BUSINESS IMPACT STATEMENT:
          N/A




5/13/09                                                                                         18
          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the Mitigated Negative Declaration (MND) for Olive Vista Drive and
             Jefferson Road Improvement Project, SCH No. 2006111045, dated July 2, 2008, on file
             in the Department of Public Works, was adopted in compliance with California
             Environmental Quality Act (CEQA) and State and County Guidelines, that the Board
             has reviewed and considered the information contained therein prior to approving the
             project, that the MND reflects the independent judgment and analysis of the Board; and,

               Find that there are no changes in the project or in the circumstances, under which it is
               undertaken involving significant new environmental impacts not considered in the
               previously adopted MND, 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 MND was prepared.

          2.   Establish appropriations of $6,750,000 in the Department of Public Works Fiscal Year
               2008-09 Detail Work Program for the construction of Olive Vista Drive and Jefferson
               Road Improvement Project based on unanticipated revenue from TransNet ($5,550,400),
               Transportation Development Act ($172,300), TransNet Bicycles ($125,000), San Diego
               Gas & Electric ($752,000), AT&T ($75,300) and Cox Cable ($75,000). (4 VOTES)

          3.   Authorize the Clerk of the Board to execute, upon receipt, utility undergrounding
               agreements with San Diego Gas and Electric, AT&T, and Cox Cable for amounts not to
               exceed $752,000, $75,300, and $75,000 respectively.

          4.   Authorize the Director, Department of Purchasing and Contracting, to take any action
               necessary to advertise and award a contract and to take other action as authorized by
               Section 401 et seq., of the Administrative Code with respect to contracting for subject
               public works project.

          5.   Designate the Director, Department of Public Works, as County Officer responsible for
               administering the construction contract, in accordance with Board Policy F-41, Public
               Works Construction Contracts.

          ACTION:
          ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as
          recommended, on Consent.

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn




5/13/09                                                                                            19
 13.      SUBJECT:            TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS
                              (DISTRICT: 2)

          OVERVIEW:
          The Traffic Advisory Committee meets every six weeks to review proposed changes or
          additions to regulatory traffic controls. Five items were on the Committee's March 20, 2009
          meeting agenda. The Committee recommends your action on all five items.

          FISCAL IMPACT:
          Funds for this proposal are budgeted in the Department of Public Works Road Fund.

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          TRAFFIC ADVISORY COMMITTEE
          Consider and file report including the following recommendations:
          District 2
          2-A.      Vista Grande Road and Canta Lomas, (Thomas Guide page 1252, D-7) EL CAJON -
                    - Modify the existing interim all-way stop control to a permanent installation.
                    Remove the intersection from both the County’s Traffic Signal Priority List and
                    Department of Public Works’ Intersection Betterment List.
          2-B.      Willow Glen Drive, from State Route 54 (Jamacha Road) easterly to Hillsdale Road,
                    (Thomas Guide page 1272, A-5 to D-3) EL CAJON -- Direct the existing 45 MPH
                    speed limit be recertified for the continued use of radar for speed enforcement.
          2-C.      Brabham Street, from State Route 54 (Jamacha Road) easterly to Merlyn Place,
                    (Thomas Guide page 1272, D-4) EL CAJON -- Direct the existing 40 MPH speed
                    limit be recertified for the continued use of radar for speed enforcement.
          2-D.      Mountain View Road, south side, from a point 250 feet west of Mountain View
                    Place easterly 400 feet, (Thomas Guide page 1253, A-1) CREST -- Support the
                    installation of metal beam guardrail in the vicinity of 697 Mountain View Road.
          2-E.      Canta Lomas, north side, from Vista Grande Road easterly to Pence Drive, (Thomas
                    Guide page 1252, D-7) EL CAJON -- Delete an existing parking prohibition.

          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.
                 Adopt and amend the resolution entitled Resolution Amending Traffic Resolution No.
                 301 Relating to the Establishment of No Standing or Parking Zones in the County of
                 San Diego (Item 2-E)
5/13/09                                                                                        20
          ACTION:
          ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as
          recommended, on Consent adopting Resolution No. 09-089, entitled: RESOLUTION
          AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE
          ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF
          SAN DIEGO.

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn



 14.      SUBJECT:          ADMINISTRATIVE ITEM:
                            EXTENSION OF TIME TO COMPLETE IMPROVEMENTS
                            FOR COUNTY OF SAN DIEGO TRACT NOS. 4613-4 (FINAL
                            MAP 14945), 4613-5 (FINAL MAP 14946), AND 4613-6 (FINAL
                            MAP 14947), LOCATED IN BORREGO SPRINGS
                            COMMUNITY SPONSOR GROUP AREA (DISTRICT: 5)

          OVERVIEW:
          This project is an approved subdivision consisting of 3 units within the Montesoro
          subdivision. There are a total of 110 single-family residential lots, 2 open space lots, 3 golf
          course lots and 136.09 acres. It is located in the Borrego Springs Desert area, east of Yaqui
          Pass Road and south of Borrego Springs Road (Thomas Guide, Page 1098, G-5).

          Owners of these recorded subdivisions do not wish to go forward with the projects at this
          time. A three (3) year extension will ensure responsibility for constructing needed
          infrastructure, such as streets, drainage and water facilities will remain with the owners
          while allowing them to retain development rights on this project.

          This is a request to extend, for a period of three (3) years, the performance completion date
          of required improvements in accordance with the Joint Improvement Agreements and Lien
          Contracts for County of San Diego Tract Nos. 4613-4 (Final Map 14945), 4613-5 (Final Map
          14946), and 4613-6 (Final Map 14947).

          FISCAL IMPACT:
          N/A

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          Grant extensions of time to December 1, 2011 to complete the construction of required
          improvements in accordance with the Joint Improvement Agreements and Lien Contracts for
          County of San Diego Tract Nos. 4613-3, 4613-4, and 4613-5.
5/13/09                                                                                     21
          ACTION:
          ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as
          recommended, on Consent.

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn



 15.      SUBJECT:          ADMINISTRATIVE ITEM:
                            SECOND CONSIDERATION AND ADOPTION OF
                            ORDINANCES: APPROVE ORDINANCES AMENDING
                            COUNTY ORDINANCE NOS. 9678 AND 9679 REGARDING
                            WATER SERVICE CHARGES IN CAMPO WATER AND
                            SEWER MAINTENANCE DISTRICT (5/6/09 – INTRODUCE
                            ORDINANCES; 5/13/09 – ADOPT ORDINANCES)
                            (DISTRICT: 2)

          OVERVIEW:
          On May 6, 2009 (2), the Board of Supervisors introduced Ordinances for further Board
          consideration and adoption on May 13, 2009.

          The Campo Water and Sewer Maintenance District is located in the unincorporated
          community of Campo (Thomas Guide Page 1298, South portion, B-6,7) and provides water
          and sewer service to its customers. The District is comprised of two water systems that
          provide service to two separate zones, the Rancho Del Campo Community (Zone A) and
          Campo Hills (Zone B).

          Currently water service charges for Zone B are assessed on a flat rate basis and are collected
          via monthly invoices. The proposed actions would change the method of collection of Zone
          B water service charges from monthly invoice to collection on the annual tax roll.
          Additionally, proposed actions would eliminate current discounts and surcharges that have
          proven difficult and costly to track. These administrative changes will result in significant
          cost savings to the District that will be passed on to Zone B customers in the form of a 27
          percent reduction in water service rates.

          The proposed actions also include the addition of water conservation measures to the County
          Water Service Ordinance.

          This is a request to amend the County Water Service Ordinance, and the Campo Water and
          Sewer Maintenance District Fee Ordinance, to collect Zone B water service charges on the
          annual tax roll, implement water conservation measures, and reduce the Zone B water
          service base rate for single family residential customers from $150 to $110, representing a 27
          percent reduction.


5/13/09                                                                                            22
          This action requires two steps. On May 6, 2009 it is requested that the Board approve
          introduction of ordinances which are recommendations 1, 2, and 3 below. If the Board takes
          the action on recommendations 1, 2, and 3, then on May 13, 2009 the Board may adopt the
          Ordinances.

          FISCAL IMPACT:
          Funds for water and sewer services are budgeted in the Campo Water and Sewer
          Maintenance District FY 2008-09 Operational Plan. If approved, this request will reduce
          proposed Fiscal Year 2009-2010 costs and revenues, currently $400,913, by $125,813. This
          action will require no additional staff years and will have no effect on the County General
          Fund.

          BUSINESS IMPACT STATEMENT:
          N/A

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Adopt the ordinance to amend Ordinance No. 9678 of the County of San Diego, entitled:

                AN ORDINANCE AMENDING SECTION 19 AND ADDING SECTION 20
                TO ORDINANCE NO. 9678 RELATING TO SERVICE FEES AND
                PROHIBITING PRACTICES THAT WASTE WATER

          2. Adopt the ordinance to amend Ordinance No. 9679 of the County of San Diego, entitled:

                AN ORDINANCE AMENDING SECTIONS 5 AND 21 OF ORDINANCE
                NO. 9689 RELATING TO FEES AND CHARGES FOR WATER SERVICE.

          ACTION:
          ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as
          recommended, on Consent adopting Ordinance No. 9984 (N.S.), entitled: AN ORDINANCE
          AMENDING SECTION 19 AND ADDING SECTION 20 TO ORDINANCE NO. 9678
          RELATING TO SERVICE FEES AND PROHIBITING PRACTICES THAT WASTE
          WATER; and adopting Ordinance No. 9985 (N.S.), entitled: AN ORDINANCE
          AMENDING SECTIONS 5 AND 21 OF ORDINANCE NO. 9679 RELATING TO FEES
          AND CHARGES FOR WATER SERVICE.

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn




5/13/09                                                                                         23
 16.      SUBJECT:          AN ORDINANCE AMENDING SECTION 51.306 OF THE SAN
                            DIEGO COUNTY CODE RELATING STREET SETBACK LINE
                            REQUIREMENTS (DISTRICTS: ALL)

          OVERVIEW:
          County Departments have been engaged in comprehensive revisions to the San Diego
          County Code. This recommendation proposes a revision to section 51.306 of the County
          Code to correct an inaccuracy contained in the recent update to Title 5 of the County Code.

          This section is contained in Title 5, Division 1, Chapter 3, entitled "ROAD RIGHT OF
          WAY REQUIREMENTS, STREET IMPROVEMENT STANDARDS AND SETBACK
          REQUIREMENTS." The proposed revision clarifies the requirements for street setback
          lines.

          FISCAL IMPACT:
          There are no fiscal impacts associated with this recommendation.

          BUSINESS IMPACT STATEMENT:
          There will be no impact on building costs associated with the proposed Ordinance
          amendment. The amendment will clarify regulations and restore standards that existed
          before the amendment.

          RECOMMENDATION:
          CHIEF ADMINISTRATIVE OFFICER
          1. Find that the proposed Ordinance amendment is exempt from review under the
             California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the
             State CEQA guidelines.

          2. As an urgency ordinance pursuant to Government Code section 25123(d), to be effective
             immediately (requires 4 VOTES) as necessary for preservation of the public safety,
             adopt the Ordinance entitled:

                AN ORDINANCE AMENDING SECTION 51.306 OF THE SAN DIEGO
                COUNTY CODE RELATING STREET SETBACK LINE REQUIREMENTS .

          ACTION:
          ON MOTION of Supervisor Cox, seconded by Supervisor Roberts, the Board took action as
          recommended, on Consent adopting Ordinance No. 9986 (N.S.), entitled: AN ORDINANCE
          AMENDING SECTION 51.306 OF THE SAN DIEGO COUNTY CODE RELATING TO
          STREET SETBACK LINE REQUIREMENTS.

          AYES: Cox, Jacob, Slater-Price, Roberts, Horn




5/13/09                                                                                         24
  17.     SUBJECT:          CLOSED SESSION (DISTRICTS: ALL)
                            (CARRYOVER ITEM FROM 5/12/09, AGENDA NO. 27)

          OVERVIEW:
          A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
             (Subdivision (a) of Government Code section 54956.9)
             Troy Clevenger v. County of San Diego, et al.; San Diego County Superior Court No.
             37-2008-00087334-CU-PO-CTL

          B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
             (Subdivision (a) of Government Code section 54956.9)
             Benny Ramirez v. County of San Diego, et al.; United States District Court No. 06-
             CV-1111-JM (JMA)

          C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
             (Subdivision (a) of Government Code section 54956.9)
             County of San Diego v. Crystal Lakeside Village Center, LLC; San Diego County
             Superior Court No. GIC 843645-1

          D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
             (Subdivision (a) of Government Code section 54956.9)
             Kenneth Marsh v. County of San Diego, et al.; United States District Court No. 05-
             CV-1568 JLS (AJB)

          ACTION:
          No reportable actions.

  18.     SUBJECT:          PUBLIC COMMUNICATION

          OVERVIEW:
          Susan Brown spoke to the Board regarding Tax for Sewer Service in Pine Valley.

          ACTION:
          Heard, referred to the Chief Administrative Officer.




5/13/09                                                                                      25
 There being no further business, the Board adjourned at 12:32 p.m. in memory of Dr. Soona B. Jahina.

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


 Consent: Vizcarra
 Discussion: Mazyck


 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.




5/13/09                                                                                         26

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:34
posted:3/18/2011
language:English
pages:29
Description: Cox Cable Contract document sample