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									                          STATEMENT OF PROCEEDINGS
                 COUNTY OF SAN DIEGO BOARD OF SUPERVISORS
              REGULAR MEETING - PLANNING AND LAND USE MATTERS
                     WEDNESDAY, MARCH 2, 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 9:10 a.m.

 Present: Supervisors Pam Slater-Price, Chairwoman; Bill Horn, Vice-Chairman; Dianne Jacob; Ron Roberts;
 also Thomas J. Pastuszka, Clerk.
 Absent: Supervisor Greg Cox
 Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meetings of February 2, 2005
 and February 9, 2005
 ACTION:
 ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors approved the
 Statements of Proceedings/Minutes for the meetings February 2, 2005 and February 9, 2005

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


                       Board of Supervisors’ Agenda Items
 1.       NOTICED PUBLIC HEARING:
          MOUNTAIN GATE TENTATIVE MAP TIME EXTENSION; TM 5193RPL3TE; NORTH
          COUNTY METROPOLITAN SUBREGIONAL PLAN

 2.       NOTICED PUBLIC HEARING:
          FIRE MITIGATION FEE REVIEW COMMITTEE ANNUAL REPORT AND INCREASE
          IN FIRE MITIGATION FEE FOR FISCAL YEAR 2005-06

 3.       NOTICED PUBLIC HEARING:
          OTAY MESA - HEARING FOR ACQUISITION OF THE LANZETTA/MONACO,
          GRINDLE, AND KIMBALL PARCELS FOR INCLUSION IN OTAY VALLEY
          REGIONAL PARK
          [FUNDING SOURCE(S): COASTAL CONSERVANCY GRANT FUNDS]




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 4.      ACCEPTANCE OF GRANTS FOR FIRE CLEARANCE IN THE RANCHO PALO
         VERDE AREA OF ALPINE
         [FUNDING SOURCE(S): FEMA HAZARDOUS MITIGATION GRANT FUNDS
         ADMINISTERED THROUGH THE CALIFORNIA OFFICE OF EMERGENCY
         SERVICES WITH MATCHING FUNDS THROUGH THE RANCHO PALO VERDE
         HOMEOWNERS ASSOCIATION]
         (4 VOTES)

 5.      EMERGENCY REMEDIATION OF STORMWATER DAMAGED DRAINAGE
         CONVEYANCE SYSTEMS
         (4 VOTES)

 6.      APPROVAL OF AGREEMENT WITH WEST CONSULTANTS, INC. TO PROVIDE
         ENGINEERING SERVICES FOR WILLOWS ROAD BRIDGE IN ALPINE

 7.      SET HEARING FOR 3/23/05:
         VALLEY CENTER ROAD IMPROVEMENT PROJECT – APPROVAL OF
         SETTLEMENT AGREEMENT FOR PARCEL NUMBER 2000-0115-A, B (KIDD)
         [FUNDING SOURCE(S): TRANSNET REVENUE AND REVENUE FROM THE
         RINCON SAN LUISENO BAND OF MISSION INDIANS, THE PAUMA/YUIMA
         BAND OF MISSION INDIANS, AND THE PALA BAND OF MISSION INDIANS]

 8.      COMMENTS REGARDING CITY OF CHULA VISTA GENERAL PLAN UPDATE
         AFFECTING OTAY LANDFILL BUFFER AREA

 9.      AUTHORIZATION TO APPLY FOR AND ACCEPT FISCAL YEAR 2005-06
         ENFORCEMENT ASSISTANCE GRANTS FROM THE CALIFORNIA INTEGRATED
         WASTE MANAGEMENT BOARD
         [FUNDING SOURCE(S): CALIFORNIA INTEGRATED WASTE MANAGEMENT
         BOARD]

 10.     GILLESPIE FIELD – APPROVE APPLICATION AND ACCEPTANCE OF FEDERAL
         AND STATE GRANT FUNDS FOR MASTER PLAN UPDATE
         (4 VOTES)

 11.     REVENUE AGREEMENT WITH THE STATE DEPARTMENT OF TOXIC
         SUBSTANCES CONTROL FOR BORDER ENFORCEMENT
         ACTIVITY/INVESTIGATIONS
         [FUNDING SOURCE(S): REVENUE AGREEMENT WITH THE STATE DEPARTMENT
         OF TOXIC SUBSTANCES CONTROL]
         (4 VOTES)




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 12.     AGREEMENT WITH COLLABORATIVE SERVICES TO PROVIDE PUBLIC WORKS
         CAPITAL IMPROVEMENT PROJECT COMMUNITY OUTREACH SUPPORT
         SERVICES ON AN AS-NEEDED BASIS
         [FUNDING SOURCE(S): TRANSNET FUNDS]

 13.     AUTHORIZATION TO ISSUE REQUESTS FOR PROPOSALS AND AWARD
         CONTRACTS FOR WATER QUALITY PROTECTION PROGRAMS
         [FUNDING SOURCE(S): REVENUE FROM COPERMITTEE FEES IN THE
         STORMWATER TRUST FUND AND GENERAL]
         (4 VOTES)

 14.     AGREEMENTS WITH TWO CONSULTANT FIRMS TO PROVIDE CONTRACT
         ADMINISTRATION AND CONSTRUCTION INSPECTION SERVICES ON AN AS-
         NEEDED BASIS
         [FUNDING SOURCE(S): TRANSNET]

 15.     HOUSING AUTHORITY FY 2004-05 BUDGET ADJUSTMENT – UNANTICIPATED
         REVENUE
         [FUNDING SOURCE(S): U.S. DEPARTMENT OF HOUSING AND URBAN
         DEVELOPMENT]
         (4 VOTES)
         (Relates to Housing Authority Agenda Item No. 1)

 16.     APPOINTMENT OF TENANT COMMISSIONERS AND APPROVAL OF TENANT
         COMMISSIONER PER DIEM PAYMENT
         (Relates to Housing Authority Agenda Item No. 2)

 17.     ADMINISTRATIVE ITEM:
         COUNTY OF SAN DIEGO TRACT NO. 5216-3: APPROVAL OF FINAL MAP AND
         SECURED AGREEMENTS FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED
         IN SAN DIEGUITO COMMUNITY PLAN AREA

 18.     ADMINISTRATIVE ITEM:
         COUNTY OF SAN DIEGO TRACT NO. 5248-1: APPROVAL OF FINAL MAP AND
         SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED
         IN FALLBROOK COMMUNITY PLAN AREA

 19.     ADMINISTRATIVE ITEM:
         COUNTY OF SAN DIEGO TRACT NO. 5178-1: APPROVAL OF FINAL MAP AND
         SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED
         IN NORTH COUNTY METRO PLAN AREA




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 20.     ADMINISTRATIVE ITEM:
         COUNTY OF SAN DIEGO TRACT NO. 4963-1: APPROVAL OF SECOND
         AMENDMENT TO JOINT AGREEMENT (SUBSTITUTION OF PARTIES, EXTENSION
         OF TIME, REPLACEMENT SECURITY) IN VALLE DE ORO COMMUNITY PLAN
         AREA

 21.     CLOSED SESSION:
         (CARRYOVER FROM 3/1/05 (17))

 22.     PUBLIC COMMUNICATION




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1.       SUBJECT:          NOTICED PUBLIC HEARING:
                           MOUNTAIN GATE TENTATIVE MAP TIME EXTENSION; TM
                           5193RPL3TE; NORTH COUNTY METROPOLITAN SUBREGIONAL
                           PLAN (DISTRICT: 5)

         OVERVIEW:
         This is an appeal filed by the applicant of the Planning Commission’s decision to deny the Tentative Map
         Time Extension. The Tentative Map Time Extension application proposes an extension of the expiration
         date for TM 5193RPL3. The project proposes construction of 156 single family detached dwelling units
         on one acre minimum lots. The lots are clustered on 227.9 acres of the 694-acre site. There are 1.3
         acres of off-site impacts for access improvements. An easement over 247.2 acres is proposed for
         conservation of biological resources. A portion of the existing avocado grove would be maintained and
         professionally managed. The Time Extension request also proposes deletion of a condition of approval
         that prohibited rock-crushing operations during construction. No export of materials is proposed. The site
         is within the Estate Development Area (EDA) Regional Land Use Category of the General Plan and is
         subject to the (21) Specific Plan Land Use Designation and the (18) Multiple Rural Use Designation (4, 8,
         20 du/ac). The project is currently A70 with a Provisional S88 (Specific Plan) Use Regulation. The
         project site is located south of Mountain Meadow Road from a point 0.5 miles east of Interstate 15.

         FISCAL IMPACT:
         N/A

         RECOMMENDATION:
         PLANNING COMMISSION
         Deny the appeal and adopt the Resolution denying TM 5193RPL3TE for the reasons included in the staff
         report.

         DEPARTMENT OF PLANNING AND LAND USE
         The Department concurs with the Planning Commission’s recommendation.
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors
         continued the Hearing to November 2, 2005 at 9:00 a.m., on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox




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2.       SUBJECT:          NOTICED PUBLIC HEARING:
                           FIRE MITIGATION FEE REVIEW COMMITTEE ANNUAL REPORT
                           AND INCREASE IN FIRE MITIGATION FEE FOR FISCAL YEAR 2005-
                           06 (DISTRICT: 1, 2, 3, & 5)

         OVERVIEW:
         On September 24, 1986 (4-8), the Board of Supervisors established the Fire Mitigation Fee Review
         Committee. This Committee is charged with annually evaluating the Fire Mitigation Fee Program and
         ensuring agency compliance with the Fire Mitigation Fee Ordinance. The Review Committee has
         completed its annual review on fee use during Fiscal Year 2003-2004, and presents its findings and
         recommendations to the Board of Supervisors.

         FISCAL IMPACT:
         This request will have no fiscal impact to the General Fund and will require no additional staff years.

         BUSINESS IMPACT STATEMENT:
         The impact to the construction industry is minimal. For example, the additional cost for a 2,000 square
         foot, non-rated construction, single-family house would be $60.00.

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Accept the report from the Fire Mitigation Fee Review Committee for Fiscal Year 2003-04,
            which shows that the twenty-six participating fire agencies are in conformance with the County Fire
            Mitigation Fee Ordinance (Attachment A).
         2. Find that the proposed project is exempt from the California Environmental Quality Act as
            specified under Section 15273 of the State of California Environmental Quality Act Guidelines.
            Approve the findings in Attachment B pursuant to the California Environmental Quality Act
            Guidelines Section 15273C.
         3. Approve the introduction (first reading) of the Ordinance, read the title, and waive further reading
            of the Ordinance:


                 AN ORDINANCE AMENDING SECTION 810.309(b) OF THE SAN DIEGO
                 COUNTY CODE RELATING TO FIRE MITIGATION FEES

             Submit the Ordinance for further Board consideration and adoption (second reading) on March 23,
             2005.
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent, continuing the Hearing and introducing Ordinance for further
         Board consideration and adoption on March 23, 2005 at 9:00 a.m.
         AYES: Jacob, Slater-Price, Roberts, Horn


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         ABSENT: Cox


3.       SUBJECT:          NOTICED PUBLIC HEARING:
                           OTAY MESA - HEARING FOR ACQUISITION OF THE
                           LANZETTA/MONACO, GRINDLE, AND KIMBALL PARCELS FOR
                           INCLUSION IN OTAY VALLEY REGIONAL PARK (DISTRICT: 1)

         OVERVIEW:
         On February 2, 2005 (6), the Board of Supervisors set a Hearing for March 2, 2005 at 9:00 a.m. for this
         land acquisition.
         In 1990, the County of San Diego and the cities of Chula Vista and San Diego formed a Joint Exercise of
         Powers Agreement to coordinate the acquisition, planning, and design of the Otay Valley Regional Park
         (January 30, 1990 (77)). The proposed park boundaries span 13 miles from southern San Diego Bay to
         Otay Lakes.
         The County has identified three properties for acquisition and inclusion in the park. Two of the properties
         are located near Brown Field Municipal Airport (Thomas Guide, Page 1331 B-7 and D-7) and the third
         property is located southeast of Lower Otay Reservoir (Thomas Guide, Page 1332 C-2). The Board is
         requested to approve the purchase of the following three properties, which have a combined size of 28.9
         acres: Assessor's Parcel Number 645-050-03 (Lanzetta/Monaco) for the appraised value of $125,000;
         Assessor's Parcel Number 646-050-07 (Grindle) for the appraised value of $91,200; and Assessor's
         Parcel Number 647-080-04 (Kimball) for the appraised value of $196,000.

         FISCAL IMPACT:
         Funds for the purchase of Assessor's Parcel Numbers (APNs) 645-050-03, 646-050-07, and 647-080-
         04, totaling $412,200, are budgeted and available in Capital Project 1000246 - Otay Valley Regional
         Park Acquisitions. The funding source is Coastal Conservancy grant funds. Existing budgeted staff at
         Otay Valley River Park will routinely patrol and manage the land, and environmental management and
         monitoring costs will be funded with existing budgeted resources in the Department of Parks and
         Recreation.

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Find, in accordance with Section 15325 of the California Environmental Quality Act (CEQA)
            Guidelines, that the purchase of Assessor’s Parcel Numbers 645-050-03 (Lanzetta/Monaco), 646-
            050-07 (Grindle), and 647-080-04 (Kimball) are categorically exempt from the provisions of CEQA
            as it involves the transfer of ownership of land to preserve open space and natural habitat.

         2. Approve the Real Property Contracts for the purchase of Assessor’s Parcel Number 645-050-03
            (Lanzetta/Monaco) for $125,000; Assessor's Parcel Number 646-050-07 (Grindle) for $91,200; and
            Assessor's Parcel Number 647-080-04 (Kimball) for $196,000 and authorize the Clerk of the Board
            of Supervisors to execute two originals of each contract.



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         3. Authorize the Director, Department of General Services, or assignee, to execute all escrow-related
            documents necessary to complete the purchases.
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors
         closed the Hearing and took action as recommended, on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox


4.       SUBJECT:          ACCEPTANCE OF GRANTS FOR FIRE CLEARANCE IN THE
                           RANCHO PALO VERDE AREA OF ALPINE (DISTRICT: ALL)

         OVERVIEW:
         The County of San Diego is working cooperatively with the Rancho Palo Verde Homeowners Association
         and the California Office of Emergency Services to secure grant funding that will finance 100 feet of
         selective clearance of fire prone brush in common area corridors surrounding Rancho Palo Verde homes
         as directed by the Alpine Fire District.
         In addition, the Rancho Palo Verde Homeowners Association has indicated that it will set aside operating
         and reserve funds to conduct maintenance of common areas that are part of the proposed project.
         Approval of the recommendations will enable the County to accept the Hazardous Mitigation grant funds
         from California Office of Emergency Services.

         FISCAL IMPACT:
         Funds for this request are not budgeted in the Department of Planning and Land Use in FY 04-05. The
         funding source is FEMA Hazardous Mitigation Grant Funds administered through the California Office of
         Emergency Services ($75,000) with matching funds through the Rancho Palo Verde Homeowners
         Association ($25,000). The scope of the Rancho Palo Verde Vegetation Management Project willremain
         within the grant money accepted.

         RECOMMENDATION:
         SUPERVISOR JACOB:
         1. Authorize the Chief Administrative Officer to accept $75,000 from the Federal Emergency
            Management Agency’s Hazardous Mitigation Grant Program administered by the California Office of
            Emergency Services and $25,000 matching funds from the Rancho Palo Verde Homeowners’
            Association. (4 VOTES)

         2. Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost
            Recovery.

         3. In accordance with Section 15269 (c) of the California Environmental Quality Act ("CEQA")
            Guidelines, this grant proposal is exempt from CEQA because the fire clearing work is necessary to
            prevent an emergency in that two-thirds to three-fourths of the overgrown brush in the unincorporated


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             area did not burn in the Cedar and Paradise fires and presents a continuing threat.

         4. Establish appropriations of $100,000 in the Department of Planning and Land Use for the Rancho
            Palo Verde Vegetation Management Project. (4 VOTES)

         5. Direct the Chief Administrative Officer to develop and implement a brush management plan in the
            Rancho Palo Verde area of Alpine.
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox


5.       SUBJECT:           EMERGENCY REMEDIATION OF STORMWATER DAMAGED
                            DRAINAGE CONVEYANCE SYSTEMS (DISTRICT: ALL)

         OVERVIEW:
         On February 2, 2005 (5), the Board ratified five sole-source emergency construction contracts to repair
         flood damage on County roads at various locations and upgrade drainage facilities protecting private
         facilities within areas impacted by Firestorm 2003. This emergency work was needed to address an
         imminent threat to public safety, life, health and property.
         The contractors have completed repairs at five County road locations and are working on four additional
         locations. The Natural Resource Conservation Service has approved fund reimbursement for stormrelated
         work at 13 home sites through the Emergency Watershed Protection Program. The contractors are
         working to complete these projects on an accelerated schedule.
         This is a request, pursuant to Public Contract Code, Section 22050, to find there is a need to continue the
         emergency remediation of stormwater drainage conveyance systems and authorize continuing the work
         without giving notice for bids.

         FISCAL IMPACT:
         On February 2, 2005 (5), the Board established appropriations of $500,000 in the Department of Public
         Works Fiscal Year 2004-05 Detailed Work Program and $750,000 in the San Diego County Flood
         Control District for this work resulting in $1,250,000 current year cost, no annual cost, and will require no
         additional staff years.

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Find the proposed project pursuant to Section 15269 of the California Environmental Quality Act
            (CEQA) Guidelines is statutorily exempt because the proposed project is in response to a series of
            severe rainstorms for which the Governor proclaimed a state of emergency on January 15, 2005 for
            San Diego County.


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         2. Pursuant to Public Contract Code Section 22050(c), find that there is a need to continue the
            emergency remediation of stormwater damaged drainage conveyance systems without giving notice for
            bids to let a contract, and delegate authority to the Director of Public Works and the Director of
            Purchasing and Contracting to take such action. (4 VOTES)
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox


6.       SUBJECT:           APPROVAL OF AGREEMENT WITH WEST CONSULTANTS, INC. TO
                            PROVIDE ENGINEERING SERVICES FOR WILLOWS ROAD BRIDGE
                            IN ALPINE (DISTRICT: 2)

         OVERVIEW:
         The Federal government has a bridge replacement and rehabilitation program to provide funding assistance
         for eligible bridges located on public roads. The State distributes this funding by determining which bridges
         throughout the state are in need of repair. The Willows Road Bridge over Viejas Creek in Alpine
         (Thomas Guide page 1234:G,H-5) is eligible for federal rehabilitation under this program.
         Public Agencies in California must use a Qualifications Based Selection method to contract for consultant
         services. This method requires that such services be engaged based on demonstrated competence and
         qualifications for types of services to be performed at a fair and reasonable cost. Board Policy F-40,
         Procuring Architectural, Engineering and Related Professional Services, describes the County’s method for
         Qualifications Based Selection. In accordance with the policy and federal funding requirements,
         solicitation was conducted for the required engineering services. Following review of Statement of
         Qualifications from respondent firms, and interviews with those firms, West Consultants, Inc. of SanDiego
         was selected as the most qualified.
         This is a request for approval of an agreement with West Consultants, Inc. to provide engineering services
         on the Willows Road Bridge project for compensation not to exceed $165,000. The contract will
         terminate February 9, 2007, or when consultant services are no longer needed, whichever comes first.

         FISCAL IMPACT:
         Funds for this action are budgeted in the Department of Public Works Detailed Work Program. Funding
         sources are Federal Highway Bridge Replacement and Rehabilitation Funds ($132,000), and Gas Tax
         funds ($33,000). If approved, this request will result in a current year cost of $165,000, no annual costs
         and will require no additional staff years.

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Find that the proposed action is exempt from the California Environmental Quality Act (CEQA) as
            specified under Section 15060(c)(3) of the State CEQA Guidelines because it is not a project as


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             defined by Section 15378.
         2. Find that the services can be provided more economically and efficiently by the proposed independent
            contractor than by persons employed in the Classified Service.
         3. Approve and authorize the Clerk of the Board to execute three originals of an agreement with West
            Consultants, Inc. to provide engineering services for the Willows Road Bridge over Viejas Creek for
            compensation not to exceed $165,000, terminating on February 9, 2007, with option to extend
            termination date for optional engineering services, by written mutual agreement.
         4. Designate the Director, Department of Public Works, as County Officer responsible for administering
            the contract.
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox


7.       SUBJECT:          SET HEARING FOR 3/23/05:
                           VALLEY CENTER ROAD IMPROVEMENT PROJECT – APPROVAL
                           OF SETTLEMENT AGREEMENT FOR PARCEL NUMBER 2000-0115-
                           A, B (KIDD) (DISTRICT: 5)

         OVERVIEW:
         The Valley Center Road Improvement Project is part of the San Diego County Element of the Regional
         Transportation Improvement Program. It is funded with TransNet funds and contributions from the Rincon
         San Luiseno Band of Mission Indians, the Pauma/Yuima Band of Mission Indians, and the Pala Band of
         Mission Indians. The project will widen a 5.65-mile segment of Valley Center Road between the City of
         Escondido and Cole Grade Road (Thomas Guide, page 1090). There are two phases to the project.
         Valley Center Road South is already under construction and will be completed in October 2005. Valley
         Center Road North will begin in June 2005 and will require two years to complete.
         On October 27, 2004 (4), the Board adopted a Resolution of Public Necessity for Valley Center Road
         North, which authorized eminent domain proceedings against owners who had not yet signed right-of-way
         contracts with the County. Subsequent to that Board action, staff has maintained ongoing settlement
         negotiations with these property owners with the hope of avoiding condemnation. Staff has reached an
         agreement for acquisition of easement rights to Parcel Number 2000-0115-A, B, owned by trustees ofthe
         Robert A. Kidd Trust and The Wilson Trust, collectively known as Kidd. The agreement involves
         exchange of County-owned property on Valley Center Road (Parcel No. 2000-0115-E). The Board is
         requested to approve the Settlement Agreement with Kidd.

         FISCAL IMPACT:
         Funds for the Valley Center Road Improvement Project are budgeted in the Department of Public Works’
         Fiscal Year 2004-05 Detailed Work Program. The funding source is TransNet revenue and revenue from


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         the Rincon San Luiseno Band of Mission Indians, the Pauma/Yuima Band of Mission Indians, and the Pala
         Band of Mission Indians. If approved, this proposal will result in an exchange of property at no current
         year net cost, no annual cost and will require no additional staff years. The property Kidd will receive is
         valued $3,000 more than the easements the County will obtain; however, this exchange has been
         determined by staff to be economically sound because it avoids potential court costs.

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Declare County Parcel No. 2000-0115-E surplus to County needs.
         2. Direct the Clerk of the Board of Supervisors to publish the required Notice of Intention to Exchange in
            accordance with Government Code Sections 25365 and 6061.
         3. Set this matter for March 23, 2005 at which time the Board may consider approval of the Settlement
            Agreement for Parcel No. 2000-0115-A, B (Kidd).
         At the March 23, 2005 Public Hearing:
         4. Find, in accordance with Section 15312 of the California Environmental Quality Act Guidelines, that
             the proposed exchange is exempt from the Act as it involves the sale of surplus government property.
         5. Approve the Settlement Agreement for the acquisition of Parcel Number 2000-0115-A, B (Kidd),
            and direct the Clerk of the Board of Supervisors to execute the Settlement Agreement. (4 VOTES)
         6. Authorize the Director, Department of General Services, or assignee, to execute all escrow and
            related documents to complete the transaction.
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent, setting Hearing for March 23, 2005 at 9:00 a.m.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox


8.       SUBJECT:          COMMENTS REGARDING CITY OF CHULA VISTA GENERAL PLAN
                           UPDATE AFFECTING OTAY LANDFILL BUFFER AREA (DISTRICT:
                           1)

         OVERVIEW:
         The Draft Environmental Impact Report (EIR) for the City of Chula Vista General Plan Update is presently
         out for public review. Alternatives described by the EIR propose future residential development on lands
         adjacent to the Otay Landfill. It is the Chief Administrative Officer’s position that such residential
         development would be incompatible with the operation of the Otay Landfill, and the City's approval ofany
         residential General Plan designations would constitute a violation of the County’s 1996 Agreement withthe
         City of Chula Vista regarding the operation of the Otay Landfill.




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         FISCAL IMPACT:
         There is no fiscal impact from the recommended action. This action would result in no expenditures of
         funds, require no additional staff years, and will have no impact on the General Fund.
         In the event that the City were to amend its General Plan to apply a residential land use designation to any
         part of the Otay Landfill Buffer Area, after the County has advised the City that such designation is
         incompatible with the Otay Landfill, significant fiscal penalties would become applicable, in accordance
         with Sections 6 and 14 of the Agreement. These include a significant readjustment of property tax
         allocation, repayment of funds pursuant to the Property Tax Transfer Agreement (with interest) associated
         with the annexation of property around the Otay Landfill property to the City, and if the breach of the
         agreement has the effect of making continued operation of the Landfill infeasible or impracticable, Chula
         Vista shall pay certain of the County’s costs associated with closure of the Landfill.

         BUSINESS IMPACT STATEMENT:
         Adoption of the Chief Administrative Officer’s recommendation would have no net impact on existing
         landfill operations or potential development of Light Industrial land in the City of Chula Vista.
         Should a General Plan alternative which allows residential uses within the Otay Landfill Buffer be adopted,
         the net impact on business would be to reduce the availability of future Light Industrial land uses,
         potentially eliminate the remaining capacity of a major landfill, and increase the amount of residentially
         designated land within the City of Chula Vista.

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER:
         1. Find that any amendment to the Chula Vista General Plan which would apply residential land use
            designations within the Otay Landfill Buffer Area would be incompatible with the Otay Landfill and
            would therefore violate the May 15, 1996 Agreement with the City of Chula Vista.
         2. Authorize the Chief Administrative Officer to sign the County’s response (Attachment C) to the
            City of Chula Vista’s written communication dated January 20, 2005, advising the City that
            residential land use designations would be incompatible with the Otay Landfill.
         ACTION:
         ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox




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9.       SUBJECT:          AUTHORIZATION TO APPLY FOR AND ACCEPT FISCAL YEAR 2005-
                           06 ENFORCEMENT ASSISTANCE GRANTS FROM THE
                           CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
                           (DISTRICT: ALL)

         OVERVIEW:
         In 1991, the California Integrated Waste Management Board designated the Department of Environmental
         Health as the Solid Waste Local Enforcement Agency for permitting, inspection, and enforcement on all
         solid waste sites throughout San Diego County, with the exception of the City of San Diego. The Local
         Enforcement Agency permits and inspects the following solid waste facilities for compliance with state
         regulations: active, inactive, or closed landfills; transfer stations; composting and green waste chip and
         grind operations; and construction demolition and inert processing facilities.
         This is a request to adopt a Resolution authorizing application and, if awarded, acceptance of the Fiscal
         Year 2005-06 Enforcement Assistance Grant from the California Integrated Waste Management Board
         for an estimated amount of $37,000. This grant would be utilized to acquire/replace equipment, supplies,
         training, and technical support.

         FISCAL IMPACT:
         There is no impact in the current fiscal year. If the grant is awarded, the amount of $37,000 will be
         budgeted in Fiscal Year 2005-06. The funding source is the California Integrated Waste Management
         Board. If approved, this request will require no additional staff years. Program, division, departmental,
         and external overheads estimated to be $3,576 in Fiscal Year 2005-06 are ineligible expenses under
         conditions of this grant. These overhead costs will be paid from the facility annual permit and solid waste
         tonnage fee revenue. The Local Enforcement Agency will be required to place funds in an interest-bearing
         account and to maintain a separate accounting system to track the funds for audit purposes.

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Find in accordance with Section 15061 (b)(3) of the State of California Environmental Quality Act
            (CEQA) 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 that it is therefore not subject to CEQA.
         2. Adopt a Resolution entitled Resolution Authorizing Application for Enforcement Assistance Grant.
         3. Authorize the Director, Department of Environmental Health, as the agent of the County, to execute an
            Agreement with the California Integrated Waste Management Board in an amount estimated to be
            $37,000, for Local Enforcement Agency Permit and Inspection Program enhancements for Fiscal
            Year 2005-06, and to implement and carry out the purposes specified in the Agreements.
         4. Authorize the Chief Administrative Officer or his designee to apply for California Integrated Waste
            Management Board Local Enforcement Agency Grants.


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


3/2/05                                                                                                       10
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent, adopting Resolution No. 05-25 entitled: RESOLUTION
         AUTHORIZING APPLICATION FOR ENFORCEMENT ASSISTANCE GRANTS.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox


10.      SUBJECT:          GILLESPIE FIELD – APPROVE APPLICATION AND ACCEPTANCE OF
                           FEDERAL AND STATE GRANT FUNDS FOR MASTER PLAN UPDATE
                           (DISTRICT: 2)

         OVERVIEW:
         Gillespie Field is located in El Cajon and is one of eight airports the County of San Diego owns and
         operates. Gillespie Field encompasses 757 acres and provides facilities for 775 general aviation and
         corporate aircraft, numerous aviation and non-aviation businesses, Mercy Air, California Department
         of Forestry and the Sheriff’s ASTREA facility.
         In 1986, a Master Plan was adopted for Gillespie Field. The Master Plan details the proposed
         development of Gillespie Field and includes, among other components, an Airport Layout Plan. The
         Airport Layout Plan provides a facilities inventory and requirements, aeronautical forecasting, airport
         and airspace plans, economic analysis and an implementation plan. In November 2000, County
         Airports began the challenging task of updating the Airport Layout Plan and creating an Airport Layout
         Plan Narrative Report. This initial portion of the planning process in now complete.
         As a follow-on project, County Airports would like to complete the planning process by preparing a
         Master Plan Update which will include the revised Airport Layout Plan and Narrative Report as a
         component. This Master Plan Update will ensure all phases and tasks in the planning process,
         including necessary environmental studies and public involvement, are completed to the satisfaction of
         County, State and Federal officials. The goal of County Airports is to complete the Master Plan
         Update within 24 months and thereafter begin implementing improvements recommended and
         identified on the revised Airport Layout Plan and Narrative Report.
         The Federal Aviation Administration now offers up to 95% of total project costs in grant funds and the
         State still offers to fund 5% of what the Federal Aviation Administration contributes. The Airport
         Enterprise Fund will provide the remaining funding. It is expected that the Master Plan Update will cost
         approximately $450,000 with the Federal Aviation Administration contributing $427,500, the State
         Department of Aeronautics contributing $21,375 and the County’s Airport Enterprise Fund
         contributing $1,125.
         This is a request to approve application and acceptance (if offered) of Federal and State Airport
         Improvement Program grant funds for the completion of a Master Plan Update at Gillespie Field.




3/2/05                                                                                                     11
         FISCAL IMPACT:
         If approved, this request will result in $450,000 current year costs based on unanticipated revenue from
         the Federal Aviation Administration in the amount of $427,500, from the State Department of Aeronautics
         in the amount of $21,375 and fund balance available in the Airport Enterprise fund in the amount of
         $1,125. This request will result in $450,000 current year cost, no subsequent year cost and will require no
         additional staff years.

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Find in accordance with Section 15061 (b)(3) of California Environmental Quality Act (CEQA)
            Guidelines, that funding for completion of a Master Plan Update is exempt from provisions of CEQA
            because it can be seen with certainty there is no possibility the activity in question may have a
            significant effect on the environment.
         2. Amend the Fiscal Year 2004-05 Airport Enterprise Fund Spending Plan to increase in the amount of
            $427,500 for the Gillespie Field Master Plan Update based on unanticipated revenue from the Federal
            Aviation Administration. (4 VOTES)
         3. Amend the Fiscal Year 2004-05 Airport Enterprise Fund Spending Plan to increase in the amount of
            $21,375 for the Gillespie Field Master Plan Update based on unanticipated revenue from the State
            Department of Aeronautics. (4 VOTES)
         4. Amend the Fiscal Year 2004-05 Airport Enterprise Fund Spending Plan to increase in the amount of
            $1,125 for the Gillespie Field Master Plan Update based on fund balance available in the Airport
            Enterprise Fund. (4 VOTES)
         5. Authorize the Director, Department of Public Works or his designee, as agent of the County to
            conduct all negotiations and submit all documents including, but not limited to, applications, contracts,
            payment requests, agreements and amendments, which may be necessary to secure grant funds.
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox




3/2/05                                                                                                        12
11.      SUBJECT:           REVENUE AGREEMENT WITH THE STATE DEPARTMENT OF
                            TOXIC SUBSTANCES CONTROL FOR BORDER ENFORCEMENT
                            ACTIVITY/INVESTIGATIONS (DISTRICT: ALL)

         OVERVIEW:
         On December 10, 2003 (19), the Board approved the renewal of a revenue agreement for Fiscal Year
         2003-04 with the State Department of Toxic Substances Control for technical assistance during
         inspections of commercial trucks crossing the United States/Mexico border. These inspections ensure that
         hazardous waste is properly handled by companies doing business on both sides of the international
         border, thus providing protection to the environment and the general public.
         This is a request for approval of a Fiscal Year 2004-05 and 2005-06 revenue agreement, in the amount of
         $172,467, with the State Department of Toxic Substances Control. Funds will be used for four purposes:
         (1) to provide technical assistance during commercial truck inspections at the United States/Mexico
         border; (2) to develop and implement educational programs on emergency response and personal
         protective equipment to affected agencies on both sides of the border; (3) to respond to complaints
         involving imports and exports of hazardous wastes between California and Mexico; and (4) to conduct
         other border related activities as directed by the Department of Toxic Substance Control for hazardous
         waste inspection and enforcement actions. This agreement requires travel into Mexico.

         FISCAL IMPACT:
         Funds for this request are not budgeted in the Department of Environmental Health for Fiscal Year 2004-
         05. If approved, this request will result in $172,467 in revenue and $163,206 in direct cost for Fiscal
         Year 2004-05 and Fiscal Year 2005-06. This is a full cost recovery agreement, including both internal
         and external overheads. Current year cost is $68,576. Second year cost is $94,630 and will be budgeted
         for Fiscal Year 2005-06. The funding source is the revenue agreement with the State Department of
         Toxic Substances Control. This request will result in no additional staff years.

         BUSINESS IMPACT STATEMENT:
         This program benefits businesses that are hazardous waste generators under permit with the Department of
         Environmental Health by ensuring that those who transport hazardous waste across the United
         States/Mexico border are in compliance with applicable environmental laws. This protects the
         environment on both sides of the border and eliminates the unfair business practice of hazardous waste
         generators trying to evade the costs associated with proper disposal of their hazardous waste.

         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 and authorize the Director, Department of Environmental Health, to execute a revenue



3/2/05                                                                                                           13
             agreement with the State Department of Toxic Substances Control in the amount of $172,467
             effective December 1, 2004 through June 30, 2006.
         3. Authorize the Director, Department of Environmental Health, to execute any extensions, amendments,
            and/or revisions thereof that do not materially impact or alter the program or funding level.
         4. In accordance with Board Policy D-7, Out-of-County Business and Related Guidelines and
            Processes, approve travel to Mexico for Department of Environmental Health staff to provide training,
            meet with officials, and attend meetings related to this agreement.
         5. Establish appropriations of $68,576 in the Department of Environmental Health for border
            enforcement activities and investigations based on unanticipated revenue from an agreement with the
            State Department of Toxic Substances Control. (4 VOTES)
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox


12.      SUBJECT:          AGREEMENT WITH COLLABORATIVE SERVICES TO PROVIDE
                           PUBLIC WORKS CAPITAL IMPROVEMENT PROJECT COMMUNITY
                           OUTREACH SUPPORT SERVICES ON AN AS-NEEDED BASIS
                           (DISTRICT: ALL)

         OVERVIEW:
         The Department of Public Works has a need for a consultant to provide community outreach services on
         an as-needed basis for various public works improvement projects. The consultant will develop a strategy
         and implement an action plan for community outreach to encourage public participation and support. The
         consultant will identify stakeholders, facilitate timely of plans and environmental documentation, right-of-
         way acquisition, and construction of capital improvement projects.
         This is the second time the Department of Public Works has requested the Board approve a contract for
         community outreach services to be utilized for larger projects with major community impacts. The last
         contract was approved June 21, 2000 (8). The Department of Public Works has utilized these services on
         the Valley Center Road improvement project with great success. That project involved hundreds of
         property owners, commuters, businesses and environmental concerns. The consultant assisted the County
         Engineer with strategy for helping the community become involved, provided a project hotline, and
         developed an ongoing distribution list to provide weekly project updates. Result was that the community
         understood the project, and construction was timely and smoothly conducted. Several upcoming projects
         including, but not limited to Mission Road Phase II, San Marcos Landfill Closure, Valley Center Road
         North, and South Santa Fe Road reconstruction, require these services to successfully meet community
         needs.
         Public agencies in California must use a Qualifications Based Selection method to contract for


3/2/05                                                                                                        14
         architectural, engineering, environmental and other professional services. This method requires such
         services be engaged on basis of demonstrated competence and qualifications for types of services to be
         performed at a fair and reasonable cost. Board Policy F-40, Procuring Architectural, Engineering and
         Related Professional Services, describes the County’s method for Qualifications Based Selection. In
         accordance with the policy, Collaborative Services, Inc. of San Diego was selected to provide the
         community outreach services.
         This is a request for approval of an agreement with Collaborative Services, of San Diego, to provide
         community outreach services on an as-needed basis in support of various public works projects.
         Compensation for these services shall not exceed $300,000. The agreement will terminate February 28,
         2008, or when funds are exhausted or services are no longer required, whichever shall occur first.

         FISCAL IMPACT:
         Funds for this request are budgeted in the Department of Public Works Detailed Work Program. The
         funding source is TransNet funds; all non-TransNet projects undertaken under this agreement will be
         reimbursed from the appropriate funding source. If approved, this request will result in a current year cost
         of $300,000, no annual cost and will require no additional staff years.

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

         2. Find that the services can be provided more economically and efficiently by the proposed independent
            contractors than by persons employed in the Classified Service.

         3. Approve and authorize the Clerk of the Board, upon receipt, to execute three originals of an
            agreement with Collaborative Services, Inc., to provide community outreach services on an as-needed
            basis for compensation not to exceed $300,000. Agreement will terminate February 28, 2008, or
            when funds are exhausted or services are no longer required, whichever shall occur first, with optionto
            extend termination date by written mutual agreement if original funding remains available.

         4. Designate the Director, Department of Public Works, as County Officer responsible for administering
            the agreements.
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox




3/2/05                                                                                                        15
13.      SUBJECT:          AUTHORIZATION TO ISSUE REQUESTS FOR PROPOSALS AND
                           AWARD CONTRACTS FOR WATER QUALITY PROTECTION
                           PROGRAMS (DISTRICT: ALL)

         OVERVIEW:
         The County of San Diego, each of the 18 incorporated cities in the County, the Port of San Diego, and the
         San Diego Regional Airport Authority are all required to comply with the conditions of San Diego Regional
         Water Quality Control Board Permit for Discharge of Urban Runoff from Municipal Separate Storm
         Sewer Systems (Permit). The Permit requires water quality monitoring and an effectiveness assessment.
         The County is the Principal Copermittee under the Permit and is responsible for negotiating contracts and
         expending funds on behalf of all of the Copermittees.
         This action would allow staff to issue requests for proposals for three separate projects that will ensure
         ongoing Permit compliance and allow the County to continue meeting its obligations as Principal
         Copermittee.

         Regional Wet Weather Monitoring Contract
         The Permit requires a countywide watershed-based monitoring and reporting program. This includes urban
         stream bioassessment monitoring, long-term mass loading monitoring, and ambient bay, lagoon, and
         coastal receiving water monitoring. The estimated value of the contract is $1.5 million per year for a
         period of five years with an amount not to exceed $7.5 million. The County’s share of this cost is $2,
         251,500.

         Effectiveness Assessment
         The Permit requires that the Copermittees assess the effectiveness of their management programs every
         five years. The consultant will examine the Copermittees’ collective experience in implementing their
         programs during this Permit cycle, review inception-to-date receiving waters monitoring results, and
         examine the relationship of program implementation to water quality. The contract is not to exceed
         $127,405. The County’s share of this cost is $ 38,247.
         Analytical Laboratory Contract
         The Permit requires the County to conduct a dry weather monitoring program to detect and eliminate illicit
         discharges and illegal connections to County-owned stormwater conveyances. The dry weather-
         monitoring program requires analytical testing of water samples. The contract is not to exceed $469,000.
         If approved, staff will issue three Requests for Proposal and negotiate and award contracts to acquire
         analytical monitoring services, effectiveness assessment services, and regional wet weather monitoring
         services.

         FISCAL IMPACT:
         Regional Wet Weather Monitoring Services
         This proposal is for a five-year contract that will begin on July 1, 2006. Funds for this proposal will be
         included in the Department of Public Works General Fund budget in the amount of $1.5 million per year
         for a period of 5 years with an amount not to exceed $7.5 million. Annual funding sources are revenue
         from Copermittee Fees in the Stormwater Trust Fund ($1,049,700) and General Fund ($450,300). If


3/2/05                                                                                                      16
         approved, this request will result in a total project cost of $7.5 million, no current year costs, $1,500,000
         annual cost for five years beginning in Fiscal Year 2006-07, and will require no additional staff years.
         Copermittees’ Effectiveness Assessment
         This proposal is for an approximately 6-month contract that will begin as early as April 2005. The
         County’s share of funds for this proposal are budgeted in the Department of Public Works General Fund
         Fiscal Year 2004-05 budget in the amount of $38,247. Funding source is General Fund. For the
         Copermitees’ share, this proposal adds additional appropriations in the amount of $89,158 based on
         unanticipated revenue from the Stormwater Trust Fund. Funding source for the Stormwater Trust Fund is
         Copermittee fees. If approved, this request will result in a total project cost of $127,405 in the current
         year and no annual cost and will require no additional staff years.
         Analytical Monitoring Contract
         This proposal is for a four-year contract that will begin in Fiscal Year 2005-06. The first year of the
         contract is for $177,000 and is offset by revenue from a 319h grant for Rainbow Creek ($22,000),
         from Fiscal Year 2004-05 Department of Public Works General Fund fund balance ($65,000) and
         from the Fiscal Year 2005-06 General Fund budget for the Watershed Protection Program
         ($90,000). The cost for the second year is $112,000 and is offset by revenue from a 319h grant
         ($22,000) and General Fund ($90,000). General Fund will fund the final two years of the contract in
         the amount of $90,000 per year. If approved, this request will result in a total project cost of
         $469,000, no current year cost, $177,000 in the first year, $112,000 in the second year and $90,000
         in years three and four. This proposal will require no additional staff years.

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Find that the proposed activity is exempt from the California Environmental Quality Act (CEQA) as
            specified under CEQA Guidelines Section 15060 (c)(3) because it is an administrative action and not
            a project as defined in Section 15378 of the State CEQA Guidelines.
         2. Establish appropriations of $89,158 in the Department of Public Works General Fund for consultant
            costs based on unanticipated revenue from the Stormwater Trust Fund. (4 VOTES)
         3. Authorize the Director, Department of Purchasing and Contracting, in accordance with County
            Administrative Code Section 401 et seq., to issue three Request for Proposals and negotiate and
            award contracts to acquire analytical monitoring services, effectiveness assessment services, and
            regional wet weather monitoring services and to amend contracts as needed to reflect changes to
            services and funding, subject to approval of the Director of Public Works or his designee.
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox




3/2/05                                                                                                         17
14.      SUBJECT:          AGREEMENTS WITH TWO CONSULTANT FIRMS TO PROVIDE
                           CONTRACT ADMINISTRATION AND CONSTRUCTION
                           INSPECTION SERVICES ON AN AS-NEEDED BASIS
                           (DISTRICT: ALL)

         OVERVIEW:
         The Department of Public Works has a need for consultant services on an immediate and temporary basis
         for contract administration and construction inspection services for various Department of Public Works
         Capital Improvement projects. Use of consultants will enhance the department’s ability to complete the
         construction phase of projects in a timely manner.
         Two consultant firms, PBS&J and Simon Wong Engineering, were selected in accordance with provisions
         of Board Policy F-40, Procuring Architectural, Engineering and Related Professional Services. Public
         agencies in California must use a Qualifications Based Selection method to contract for architectural,
         engineering, environmental and other professional services. This method requires such services be
         engaged on basis of demonstrated competence and qualifications for the types of services to be performed
         at a fair and reasonable cost. Board Policy F-40 describes the County’s method for Qualifications Based
         Selection. In accordance with provisions of the policy, the selection committee interviewed consultant
         firms from the Joint County/City/Port of San Diego consultant list for Construction Administration
         Services. The firms selected were ranked highest among the six firms interviewed for this project.
         This is a request to approve agreements with these firms to provide as-needed contract administration and
         construction inspection services for fees not to exceed $250,000 each, with a term ending March 31,
         2008. The agreements authorize the Director, Department of Public Works, to extend the termination
         date until funds are exhausted and to adjust allowable billing rates on an annual basis to mutually agreed
         upon fair and reasonable rates.

         FISCAL IMPACT:
         Funding for this request is included in the Fiscal Year 2004-05 Department of Public Works Detailed
         Work Program. Funding source is identified as TransNet; all non-TransNet projects undertaken under
         these agreements will be reimbursed from the appropriate funding source. If approved, this request will
         result in Fiscal Year 2004-05 cost of $500,000, no annual cost, and will require no additional staff years.

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Find that the proposed action is not subject to the California Environmental Quality Act (CEQA) as
            specified under Section 15060(c)(3) of the State CEQA Guidelines because it is not a project as
            defined by Section 15378 of the Guidelines.

         2. Find that the services can be provided more economically and efficiently by the proposed independent
            contractors than by persons employed permanently in the Classified Service.

         3. Approve and authorize the Clerk of the Board to execute three originals for each of the following
            agreements:



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            a) An Agreement with PBS&J to provide contract administration and construction inspection
               services on an as-needed basis for compensation not to exceed $250,000. Agreement will
               terminate March 31, 2008 or when funds are exhausted or services are no longer required,
               whichever shall occur first, with option to extend termination dates by written mutual agreement if
               original funding remains available.

            b) An Agreement with Simon Wong Engineering to provide contract administration and construction
               inspection services on an as-needed basis for compensation not to exceed $250,000. Agreement
               will terminate March 31, 2008 or when funds are exhausted or services are no longer required,
               whichever shall occur first, with option to extend termination dates by written mutual agreement if
               original funding remains available.

         4. Designate the Director, Department of Public Works, as County Officer responsible for administering
            the agreements.
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox


15.      SUBJECT:          HOUSING AUTHORITY FY 2004-05 BUDGET ADJUSTMENT –
                           UNANTICIPATED REVENUE (DISTRICT: ALL)

         OVERVIEW:
         The U.S. Department of Housing and Urban Development has recently revised the funding methodology
         for the Housing Choice Voucher Program from a unit-based program to a budget-based program based
         on available federal appropriations in the final 2005 calendar year renewal funding notifications. This is a
         request to increase appropriations in the Housing Authority of the County of San Diego budget by
         $2,399,665 based on unanticipated revenue from the U.S. Department of Housing and Urban
         Development. These funds are designated for housing assistance payments to landlords for eligible
         participants in the Section 8 Housing Choice Voucher Program and will be used to fund existing leased
         vouchers, maintain subsidy levels, and prevent the termination of assistance to eligible participants.

         The Housing Authority of the County of San Diego is funded primarily by the U.S. Department of Housing
         and Urban Development and operates several housing programs that benefit extremely low-, very low-,
         low-, and moderate-income households. These funds are designated for housing assistance payments for
         extremely low and very low-income families in the Section 8 Housing Choice Voucher Program. All costs
         of operating these programs are revenue offset and will not impact the County General Fund.




3/2/05                                                                                                        19
         FISCAL IMPACT:
         The funding source is the U.S. Department of Housing and Urban Development. If approved, this request
         will result in $2,399,665 current year costs, which will be fully offset by federal funding.

         There is no cost to the County General Fund and no additional staff years.

         BUSINESS IMPACT STATEMENT:
         This request will have a positive impact on the business community by providing safe, sanitary, and
         affordable housing for qualifying families. In addition, the requested appropriations will provide rental
         income to landlords participating in the Section 8 Rental Assistance Programs.

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Waive Board Policy A-91, Mid-Year Budget Changes.

         2. Establish appropriations of $2,399,665 in the Housing Authority of the County of San Diego for the
            Section 8 Housing Choice Voucher Program based on unanticipated revenue from the U.S.
            Department of Housing and Urban Development. (4 VOTES)

         Relates to Housing Authority Agenda Item No. 1.
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox


16.      SUBJECT:          APPOINTMENT OF TENANT COMMISSIONERS AND APPROVAL OF
                           TENANT COMMISSIONER PER DIEM PAYMENT
                           (DISTRICT: ALL)

         OVERVIEW:
         The term of the current tenant commissioners of the Housing Authority Board of Commissioners expires
         on May 31, 2005. This action by the Board of Supervisors will approve the appointment of two new
         tenant commissioners to serve a two-year term commencing on June 1, 2005. The tenant commissioners,
         as a part of the Housing Authority Board of Commissioners, provide a formal mechanism for participant
         involvement in the interpretation and enforcement of policies and procedures of the affordable housing
         programs administered by the Housing Authority of the County of San Diego. This action is in accordance
         with the California Health and Safety Code.

         The tenant commissioners are not currently receiving per diem compensation for serving on the Housing
         Authority Board of Commissioners. The payment of per diem compensation beginning June 1, 2005 is


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         requested in order to increase the limited response to prior solicitations for program participants interested
         in being tenant commissioners and broaden the pool of applicants to better reflect the population served.
         A recent survey of housing authorities in the region indicates that the City of San Diego Housing
         Commission and the Encinitas Housing Authority currently pay their tenant commissioners $50 per diem,
         and the National City Housing Authority is considering per diem compensation for its tenant
         commissioners.

         This action by the Housing Authority Board of Commissioners will approve reasonable per diem
         compensation to be paid to tenant commissioners, effective June 1, 2005, for each Housing Authority
         Board meeting they attend.

         FISCAL IMPACT:
         The Resident Commissioner per diem compensation will result in current year costs of approximately$100
         and annual costs of approximately $700. These costs are offset by federal funds provided for the
         administration of Housing Authority programs.

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         Appoint Celia Perez and Sandra Marsh to serve as Housing Authority of the County of San Diego tenant
         commissioners for a two-year term commencing on June 1, 2005.

         Relates to Housing Authority Agenda Item No. 2.
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox


17.      SUBJECT:           ADMINISTRATIVE ITEM:
                            COUNTY OF SAN DIEGO TRACT NO. 5216-3: APPROVAL OF FINAL
                            MAP AND SECURED AGREEMENTS FOR PUBLIC AND PRIVATE
                            IMPROVEMENTS LOCATED IN SAN DIEGUITO COMMUNITY PLAN
                            AREA (DISTRICT: 5)

         OVERVIEW:
         This project is a subdivision consisting of 90 single-family lots and a total of 266.48 acres. It is located
         south and west of the intersection of Bernardo Center Drive and Dove Canyon Road (Thomas guide Page
         1169, F-5, 2005 Edition).

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



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         FISCAL IMPACT:
         N/A

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Approve this map and accept on behalf of the public, subject to improvement, Carmel Valley Road,
            Winesprings Drive, Winesprings Court and Winecreek Road for use as streets, all as dedicated on
            said map.
         2. Accept access rights from Lots 590, and 600 through 603, inclusive, in and to Carmel Valley Road.
         3. Accept easement for pedestrian trail purposes as dedicated on said map.
         4. Accept clear space easements as granted on said map.
         5. Pursuant to Section 66434(g) of the Subdivision Map Act, abandon drainage easements as shown on
            said map.
         6. Pursuant to Section 66434(g) of the Subdivision Map Act, vacate on behalf of the public that portion
            of highway right-of-way designated New Survey No. 3 of the surveys in the office of the County
            Surveyor of San Diego County, lying within the boundary of this map.
         7. Approve and authorize Clerk of the Board to execute the Agreement to Improve Major Subdivision
            (Onsite), which includes street and drainage improvements, sewer and water facilities, and setting of
            final monuments (Attachment B).
         8. Approve and authorize Clerk of the Board to execute the Agreement to Improve Major Subdivision
            (Offsite, CG 4480), which includes the street and drainage improvements (Attachment E).
         9. Approve and authorize Clerk of the Board to execute the Agreement to Improve Major Subdivision
            (Offsite, CG 4523), which includes the street and drainage improvements (Attachment H).
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox


18.      SUBJECT:           ADMINISTRATIVE ITEM:
                            COUNTY OF SAN DIEGO TRACT NO. 5248-1: APPROVAL OF FINAL
                            MAP AND SECURED AGREEMENT FOR PUBLIC AND PRIVATE
                            IMPROVEMENTS LOCATED IN FALLBROOK COMMUNITY PLAN
                            AREA (DISTRICT: 5)

         OVERVIEW:
         This project is a subdivision consisting of 7 single-family residential lots and a total of 1.64 acres. It is


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         located in the Fallbrook area, on the northeastern corner of the intersection at Morro Road and East Elder
         Street (Thomas Guide, Page 1027, G-2, 2005 Edition).

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

         FISCAL IMPACT:
         N/A

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Approve this map.
         2. Accept on behalf of the Public, the right to extend and maintain drainage facilities and excavation and
            embankment slopes beyond the limits of East Elder Street as dedicated on said map.
         3. Approve and authorize Clerk of the Board to execute Agreement to Improve Major Subdivision,
            which includes street and drainage improvements, water and sewer facilities and setting of final
            monuments (Attachment B).
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox


19.      SUBJECT:           ADMINISTRATIVE ITEM:
                            COUNTY OF SAN DIEGO TRACT NO. 5178-1: APPROVAL OF FINAL
                            MAP AND SECURED AGREEMENT FOR PUBLIC AND PRIVATE
                            IMPROVEMENTS LOCATED IN NORTH COUNTY METRO PLAN
                            AREA (DISTRICT: 5)

         OVERVIEW:
         This project is a subdivision consisting of 9 residential lots and a total of 20.28 acres. It is located in the
         San Pasqual area approximately 600 feet north of San Pasqual Valley Road, on the east side of Quailridge
         Road (Thomas Guide, Page 1130, F-5, 2005 Edition).

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

         FISCAL IMPACT:
         N/A




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         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Approve this map.
         2. Approve and authorize Clerk of the Board to execute Agreement to Improve Major Subdivision,
            which includes street and drainage improvements, water facilities and setting of final monuments
            (Attachment B).
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn
         ABSENT: Cox

20.      SUBJECT:          ADMINISTRATIVE ITEM:
                           COUNTY OF SAN DIEGO TRACT NO. 4963-1: APPROVAL OF
                           SECOND AMENDMENT TO JOINT AGREEMENT (SUBSTITUTION
                           OF PARTIES, EXTENSION OF TIME, REPLACEMENT SECURITY) IN
                           VALLE DE ORO COMMUNITY PLAN AREA (DISTRICT: 2)

         OVERVIEW:
         This project is a recorded subdivision consisting of 15 single-family residential lots and a total of 39.15
         acres. It is located in the Valle De Oro area, north of Hidden Mountain Drive (Thomas Guide, Page
         1272, C-1, 2005 Edition).
         This is a request to approve Second Amendment to Joint Agreement (Substitution of Parties, Extension of
         Time, Replacement Security) for County of San Diego Tract No. 4963-1, Final Map 13735.

         FISCAL IMPACT:
         N/A

         RECOMMENDATION:
         CHIEF ADMINISTRATIVE OFFICER
         1. Approve and authorize Clerk of the Board to execute the Second Amendment to Joint Agreement to
            Improve Major Subdivision (Substitution of Parties, Extension of Time, Replacement Security) for
            Tract No. 4963-1 (Attachment B).

         2. Authorize Clerk of the Board to release the current bonds submitted with the First Amendment to
            Joint Agreement to Improve Major Subdivision.
         ACTION:
         ON MOTION of Supervisor Roberts, seconded by Supervisor Jacob, the Board of Supervisors took
         action as recommended, on Consent.
         AYES: Jacob, Slater-Price, Roberts, Horn


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         ABSENT: Cox

21.      SUBJECT:        CLOSED SESSION
         A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
            (Subdivision (a) of Government Code section 54956.9)
            County of San Diego v. Samir Z. Razooky, et al.; San Diego County Superior Court No. GIC
            830162-1
         B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
            (Subdivision (a) of Government Code section 54956.9)
            Gregory Smith, et al. v. County of San Diego, et al.; San Diego County Superior Court No.
            GIE020763
         C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
            (Subdivision (a) of Government Code section 54956.9)
            People of the State of California, County of San Diego Air Pollution Control District v.
            Construction Renovation Services, Inc., et al.; San Diego Superior Court No. GIC 834646


         ACTION:
         As to Item 21B: Gregory Smith, et. al. v. County of San Diego, et al; Superior Court No. GIE020763,
         County Counsel reported that by vote of four members of the Board of Supervisors present and votingaye
         with District Four absent, the Board of Supervisors authorized settlement for payment of $35,000.


22.      SUBJECT:        PUBLIC COMMUNICATION

         Jeff Phair, Tim Rhea, Jerry Livingston, and Amy Nefouse addressed the Board regarding
         Transportation Impact Fee.

         ACTION:
         Heard; referred to the Chief Administrative Officer.




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There being no further business, the Board adjourned at 9:55 a.m. in memory of Paul. E. Overton; George J. Tahan;
and Dorothy Anice Hoffman.


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

Consent: Francia
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.




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