COUNTY OF SAN DIEGO BOARD OF SUPERVISORS



STATEMENT OF PROCEEDINGS

COUNTY OF SAN DIEGO BOARD OF SUPERVISORS

REGULAR MEETING - PLANNING AND LAND USE MATTERS

WEDNESDAY, AUGUST 18, 2004, 9:00 AM

Board of Supervisors North Chamber

1600 Pacific Highway, Room 310, San Diego, California

MORNING SESSION: - Meeting was called to order at 9:04 a.m.

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

Approval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meetings of July 28, 2004 and August 4, 2004.

ACTION:

ON MOTION of Supervisor Cox, seconded by Supervisor Slater-Price, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meetings of July 28, 2004 and August 4, 2004.

AYES: Jacob, Slater-Price, Horn, Cox

ABSENT: Roberts

Board of Supervisors’ Agenda Items

|1. |CONTINUED NOTICED PUBLIC HEARING: |

| |JANA LANE OPEN SPACE VACATION, VAC 02-010, VALLEY CENTER COMMUNITY PLAN |

| |(CARRYOVER FROM 8/4/04, AGENDA NO. 4) |

|2. |NOTICED PUBLIC HEARING: |

| |TO VACATE PORTIONS OF LOS COCHES ROAD AND CHESTNUT STREET (VAC 03-008), LAKESIDE COMMUNITY PLANNING AREA |

|3. |NOTICED PUBLIC HEARING: |

| |TRANSFER OF PLANNING AND ENVIRONMENTAL REVIEW BOARD (PERB) RESPONSIBILITIES TO THE PLANNING COMMISSION (POD 04-048) |

|4. |ADVERTISE AND AWARD CONTRACT FOR ASPHALT RESURFACING ON VARIOUS COUNTY ROADS |

| |[FUNDING SOURCE(S): GAS TAX REVENUE AND CONTRIBUTIONS FROM THE BENEFITING PERMANENT ROAD DIVISIONS] |

|5. |APPROVE AND AUTHORIZE REQUEST FOR USE OF 3.89 ACRES OF THE COUNTY’S FIVE PERCENT COASTAL SAGE SCRUB LOSS ALLOTMENT BY THE CITY OF |

| |SAN MARCOS FOR HALLMARK COMMUNITIES VISTANCIA PROJECT |

|6. |SET HEARING FOR 9/22/04: |

| |RANCHO SAN VICENTE: SET HEARING FOR A SPECIFIC PLAN AMENDMENT, SPA 03-007; MAJOR USE PERMIT MODIFICATION, P92-006W1; AND OPEN SPACE|

| |EASEMENT VACATION, VAC 03-019; RAMONA COMMUNITY PLAN AREA |

|7. |ESTABLISHMENT OF APPROPRIATIONS AND AUTHORIZATION TO ADVERTISE FOR BID AND AWARD OF A CONSTRUCTION CONTRACT FOR THE COLLIER PARK |

| |PLAYGROUND PROJECT, RAMONA |

| |[FUNDING SOURCE(S): BUDGETED CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD GRANT FUNDS, COUNTY GENERAL FUNDS BEING TRANSFERRED FROM A|

| |COMPLETED CAPITAL PROJECT, AND UNALLOCATED PROPOSITION 12 ROBERTI-Z’BERG-HARRIS GRANT FUNDS] |

| |(4 VOTES) |

|8. |SET HEARING FOR 9/22/04 |

| |RAMONA - SET A HEARING TO CONSIDER THE ACQUISITION OF ASSESSOR PARCEL NUMBERS 282-010-08 AND 282-010-34 (HARDY RANCH) IN THE SANTA |

| |MARIA CREEK AREA |

| |(4 VOTES) |

|9. |ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF LOS COCHES ROAD, PHASE II, IMPROVEMENTS IN LAKESIDE |

| |[FUNDING SOURCE(S): UNANTICIPATED REVENUE FROM TRANSNET, SAN DIEGO GAS AND ELECTRIC, SBC PACIFIC BELL TELEPHONE COMPANY, AND COX |

| |COMMUNICATIONS] |

| |(4 VOTES) |

|10. |GILLESPIE FIELD – APPROVE EXCLUSIVE NEGOTIATION AGREEMENT TO DEVELOP THE WELD BOULEVARD SITE |

| |(4 VOTES) |

|11. |ADVERTISE AND AWARD CONTRACT FOR GLOBAL POSITIONING SYSTEM HIGH-TECH STATIONS TO ENHANCE LAND SURVEYING AND EARTHQUAKE PREDICTION |

|12. |AUTHORIZATION TO ACCEPT NATIONAL EMERGENCY GRANT FUNDS AND SERVICES FOR DEPARTMENT OF PARKS AND RECREATION 2003 FIRE RECOVERY |

| |PROJECTS |

| |[FUNDING SOURCE(S): COUNTY’S PORTION OF AWARDED NATIONAL EMERGENCY GRANT FUNDS] |

| |(4 VOTES) |

|13. |REQUEST FOR SOLE SOURCE PROCUREMENT OF MOSQUITO LARVICIDES FOR AERIAL AND LAND APPLICATION TO PREVENT WEST NILE VIRUS |

| |[FUNDING SOURCE(S): VECTOR CONTROL TRUST FUND] |

|14. |AGREEMENTS WITH THREE ENVIRONMENTAL CONSULTING FIRMS TO PROVIDE SERVICES ON AN AS-NEEDED BASIS |

| |[FUNDING SOURCE(S): TRANSNET] |

|15. |AGREEMENTS WITH THREE CONSULTANT FIRMS TO PROVIDE DESIGN ENGINEERING SERVICES ON AN AS-NEEDED BASIS |

| |[FUNDING SOURCE(S): TRANSNET] |

|16. |CONTRACT CHANGE ORDER FOR BONITA-SUNNYSIDE LIBRARY TO AUTHORIZE SEWER LINE REPLACEMENT AND BUILDING UPGRADES |

| |[FUNDING SOURCE(S): SPRING VALLEY SANITATION DISTRICT FUND BALANCE] |

| |(4 VOTES) |

| |(RELATES TO SANITATION DISTRICTS AGENDA NO. 1.) |

|17. |ADMINISTRATIVE ITEM: |

| |COUNTY OF SAN DIEGO TRACT NO. 4713-6: APPROVAL OF FINAL MAP AND SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN |

| |FALLBROOK COMMUNITY PLAN AREA |

|18. |ADMINISTRATIVE ITEM: |

| |COUNTY OF SAN DIEGO TRACT NO. 5190-1: APPROVAL OF FINAL MAP AND SECURED AGREEMENT FOR PUBLIC AND PRIVATE IMPROVEMENTS LOCATED IN |

| |FALLBROOK COMMUNITY PLAN AREA |

|19. |BRINGING THE HYDROGEN HIGHWAY TO SAN DIEGO COUNTY |

| |(RELATES TO AIR POLLUTION CONTROL DISTRICT AGENDA NO. 2) |

|20. |CLOSED SESSION |

|21. |PUBLIC COMMUNICATION |

|1. |SUBJECT: |CONTINUED NOTICED PUBLIC HEARING: |

| | |JANA LANE OPEN SPACE VACATION, VAC 02-010, VALLEY CENTER COMMUNITY PLAN (DISTRICT: 5) |

| | |(CARRYOVER FROM 8/4/04, AGENDA NO. 4) |

| |OVERVIEW: |

| |On August 4, 2004 (4), the Board of Supervisors continued the Hearing to August 18, 2004, at 9:00 a.m. |

| | |

| |On July 14, 2004 (1), the Board of Supervisors set Hearing for August 4, 2004, at 9:00 a.m. |

| | |

| |This is a request to vacate an open space easement recorded on a 6.13-acre remainder parcel of Parcel Map 17278. The easement was |

| |placed as mitigation for the subdivision and subsequent development of five parcels under Parcel Map 17278. The easement was placed |

| |over the entire subdivision in order to protect Englemann oak woodlands and allowed for the development of single-family residences and |

| |accessory structures. The purpose of the Vacation is to set aside a biological open space easement that adequately protects Englemann |

| |oak woodland habitat over a portion of the site that will be completely protected from the allowed development and uses on the project |

| |site. The owner proposes to vacate the entire open space easement and dedicate a new open space easement. The biological open space |

| |easement to be dedicated is approximately 0.76 acres. It will be dedicated to protect a cluster of Englemann oak woodland habitat |

| |located in the northeastern portion of the property. |

| | |

| |The Vacation of open space easements is a two-step process. The first step is to set a date for the public hearing and direct the Clerk|

| |of the Board to provide notice and posting as required by law. The second step is to adopt a resolution to vacate a portion of the open|

| |space easement at the close of the public hearing. |

| |FISCAL IMPACT: |

| |N/A |

| |RECOMMENDATION: |

| |DEPARTMENT OF PLANNING AND LAND USE: |

| |At the close of public hearing: |

| | |

| |Accept the Dedication of Open Space Easement (Attachment B). |

| | |

| |Adopt the Resolution entitled: “Resolution of Vacation of Street, Highway, or Public Service Easement (VAC 02-010, Jana Lane)” |

| | |

| |At the close of public hearing, direct the Clerk of the Board of Supervisors to record the Resolution of Vacation, which includes the |

| |findings and determinations required by law, and to record the dedication of Open Space Easement. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors closed the Hearing and took action as |

| |recommended, on Consent, adopting Resolution No. 04-176 entitled: Resolution of Vacation of Street, Highway, or Public Service |

| |Easement (VAC 02-010, Jana Lane.) |

| | |

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

| |

| |

|2. |SUBJECT: |NOTICED PUBLIC HEARING: |

| | |TO VACATE PORTIONS OF LOS COCHES ROAD AND CHESTNUT STREET (VAC 03-008), LAKESIDE COMMUNITY PLANNING AREA |

| | |(DISTRICT: 2) |

| |OVERVIEW: |

| |On July 28, 2004 (6), the Board directed the Clerk of the Board to set a public hearing for August 18, 2004 to consider the proposed |

| |road vacation. |

| | |

| |This is a request to adopt a Resolution of Vacation to vacate excess roadway segments adjacent to Los Coches Road (SF 1400). The |

| |roadway segments proposed for vacation, include a portion of Los Coches Road and Chestnut Street. The proposed road vacation is located|

| |next to the intersection of Los Coches Road and Ha-Hana Road in the community of Lakeside (Thomas Guide, page 1232, C6, 2004 Edition). |

| | |

| |All adjacent properties have direct access to public roadways. Vacating the proposed roadway segments will not land-lock any affected |

| |parcels. The areas proposed for vacation are no longer needed for public use. |

| |FISCAL IMPACT: |

| |There will be no fiscal impact as a result of recommended actions. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find the project as proposed is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 |

| |(Minor Alterations in Land Use Limitations) of the CEQA Guidelines. |

| | |

| |Adopt a Resolution entitled, Resolution to Vacate Portions of Los Coches Road and Chestnut Street (VAC 03-008). |

| | |

| |Direct the Clerk of the Board of Supervisors to record this Resolution pursuant to Streets and Highways Code Section 8325. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors closed the Hearing and took action as |

| |recommended, on Consent, adopting Resolution No. 04-175, entitled: RESOLUTION TO VACATE PORTIONS OF LOS COCHES ROAD AND CHESTNUT STREET|

| |(VAC 03-008). |

| | |

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

| |

| |

|3. |SUBJECT: |NOTICED PUBLIC HEARING: |

| | |TRANSFER OF PLANNING AND ENVIRONMENTAL REVIEW BOARD (PERB) RESPONSIBILITIES TO THE PLANNING COMMISSION (POD |

| | |04-048) (DISTRICT: ALL) |

| |OVERVIEW: |

| |At the June 23, 2004 (12) Board of Supervisors meeting, the Board directed the Department of Planning and Land Use (DPLU) to consider |

| |disestablishment of the Planning and Environmental Review Board (PERB) and the transfer of their authority to the Planning Commission. |

| |DPLU was also directed to come back within 60 days with a recommendation on the proposal. |

| | |

| |The PERB was originally established by the Board of Supervisors in 1985 to streamline the processing of discretionary projects and |

| |reduce the caseload of the Planning Commission by creating a project review board within the DPLU comprised of senior staff. Projects |

| |to be heard by PERB were identified in the Zoning and Subdivision Ordinances to be of lesser complexity and little controversy. Most |

| |PERB decisions could also be appealed to the Planning Commission. |

| | |

| |In practice, however, cases that are generally controversial or not passed on consent by PERB are often appealed to the Planning |

| |Commission and potentially on to the Board of Supervisors. This extra PERB review step has created added time and expense for |

| |applicants, appellants, Community Planning Groups, and DPLU that could be eliminated if the initial hearing body was once again made the|

| |Planning Commission and PERB was disbanded. |

| | |

| |There is also a perception by both applicants and opponents that the DPLU staff that sit on the PERB do not have an objective |

| |perspective on the issues presented, since in many cases the lower decision which was appealed to PERB was made by their supervisors at |

| |DPLU. Moving this review to the Planning Commission would eliminate this appearance of a potential conflict. |

| |FISCAL IMPACT: |

| |It is estimated that the disestablishment of PERB will result in greater processing efficiencies and result in a net reduction in staff |

| |time of approximately $47,000 per year depending on actual caseload. |

| |BUSINESS IMPACT STATEMENT: |

| |The net impact on business would be to reduce overall processing times for development projects that require various discretionary land |

| |use permits. |

| |RECOMMENDATION: |

| |PLANNING COMMISSION: |

| |Find that the proposed amendments are exempt from the California Environmental Quality Act (CEQA) as specified under Section 15061(b)(3)|

| |of the State CEQA Guidelines for the reasons detailed in the Notice of Exemption Form dated June 14, 2004 on file with the Department of|

| |Planning and Land Use as POD 04-048. |

| | |

| |Approve the introduction of the Ordinances, (first reading), read titles and waive further reading of the Ordinances: |

| | |

| |AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ADMINISTRATIVE CODE, TO DISESTABLISH THE PLANNING ENVIRONMENTAL REVIEW BOARD AND MAKE |

| |CORRESPONDING PROCEDURAL CHANGES (Attachment A) |

| | |

| |AN ORDINANCE AMENDING THE SAN DIEGO COUNTY CODE, TO REASSIGN JURISDICTION FOR CERTAIN LAND USE PERMITS FROM THE PLANNING AND |

| |ENVIRONMENTAL REVIEW BOARD TO THE PLANNING COMMISSION (Attachment B) |

| | |

| |Submit the Ordinances for further Board consideration and adoption (second reading) on September 22, 2004. |

| | |

| |On September 22, 2004, adopt the attached Form of Ordinance (Attachment C): |

| | |

| |AN ORDINANCE AMENDING THE SAN DIEGO COUNTY ZONING ORDINANCE, MAKING PROCEDURAL CHANGES ASSOCIATED WITH THE DISESTABLISHMENT OF THE |

| |PLANNING AND ENVIRONMENTAL REVIEW BOARD |

| | |

| |On September 22, 2004, adopt the Amendments to Board of Supervisors Policies I-1, I-18, I-49, I-60, I-70; I-73; and repeal I-96, and |

| |declare that these Amendments shall become operative 30 days following adoption. (Attachment D) |

| | |

| |On September 22, 2004, adopt the RESOLUTION AMENDING THE SAN DIEGO COUNTY CEQA GUIDELINES. (Attachment E) |

| | |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Concurs with the Planning Commission. |

| |ACTION: |

| |ON MOTION of Supervisor Horn, seconded by Supervisor Roberts, the Board of Supervisors continued the Hearing and took action as |

| |recommended, introducing Ordinances for further Board consideration and adoption on September 22, 2004 at 9:00 a.m. |

| | |

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

| |

| |

|4. |SUBJECT: |ADVERTISE AND AWARD CONTRACT FOR ASPHALT RESURFACING ON VARIOUS COUNTY ROADS |

| | |(DISTRICT: 2, 5) |

| |OVERVIEW: |

| |The Department of Public Works is responsible for maintaining nearly 2,000 miles of roads in the unincorporated area of San Diego |

| |County. County road crews inspect all County maintained roads and prioritize them for preventive maintenance. Through scientific |

| |methods, staff determines which roads can be protected with surface treatments and which require asphalt resurfacing. Asphalt |

| |resurfacing is preventative maintenance that restores the structural integrity of the road and prevents future costly repairs. |

| | |

| |This is a request for approval to advertise and award to the lowest responsible bidder, a contract to resurface various roadway segments|

| |in the north and east county (Districts 2, 5) of the unincorporated area of San Diego County. Bid packages have been structured with a |

| |base bid consisting of the minimum number of road segments to be resurfaced and additive alternates, which are clusters of road segments|

| |that can be added to the contract if bid prices favor doing so. Total cost, including contingency, is approximately $3.4 million. |

| |FISCAL IMPACT: |

| |Funds for this request are budgeted in the Department of Public Works Fiscal Year 2004-05 Detailed Work Program. Funding sources are |

| |gas tax revenue ($3,000,000) and contributions from the benefiting Permanent Road Divisions (approximately $400,000) having roads paved |

| |in this contract. Total current year cost will be $3.4 million, with no subsequent years and no additional staff years. There will be |

| |no impact to the General Fund. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15301 of the |

| |State CEQA Guidelines. |

| | |

| |Authorize the Director, Department of Purchasing and Contracting, to take any action authorized by Section, 401 et seq. of the |

| |Administrative Code with respect to contracting for subject public works project. |

| | |

| |Designate the Director, Department of Public Works, as the County Officer responsible for administering the construction contract in |

| |accordance with Board Policy F-41. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent. |

| | |

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

| |

| |

|5. |SUBJECT: |APPROVE AND AUTHORIZE REQUEST FOR USE OF 3.89 ACRES OF THE COUNTY’S FIVE PERCENT COASTAL SAGE SCRUB LOSS |

| | |ALLOTMENT BY THE CITY OF SAN MARCOS FOR HALLMARK COMMUNITIES VISTANCIA PROJECT (DISTRICT: 5) |

| |OVERVIEW: |

| |Listing of the California gnatcatcher as threatened in 1993 required that a Federal Endangered Species Act Section 10 (a) (16 U.S.C. |

| |§1539) or Section 7 Permit be acquired before any Coastal sage scrub can be cleared. Under the State of California Natural Community |

| |Conservation Planning program, in conjunction with the 4(d) rule of the Federal Endangered Species Act, a loss of up to five percent of |

| |Coastal sage scrub is allowed provided the jurisdiction in which the take is occurring is enrolled in actively developing a Natural |

| |Communities Conservation Plan, such as the County’s Multiple Species Conservation Program. |

| |Policy I-122, Use of the County’s Five Percent Allowable Loss of Coastal Sage Scrub by Other Jurisdictions, establishes procedures for |

| |other jurisdictions, such as those participating in the Multiple Habitat Conservation Program, to request use of a portion of the |

| |County’s five percent Coastal sage scrub loss allotment, including, requirements under which requests can be granted, and compensation |

| |options. |

| |This is a recommendation that the Board of Supervisors approve and authorize a request by the City of San Marcos for the Hallmark |

| |Communities--Vistancia project for use of 3.89 acres of the County’s five percent Coastal sage scrub loss allotment in conformance with |

| |Board Policy I-122. Compensation will be in the form of purchase of 11.67 acres of Coastal sage scrub mitigation bank credits within |

| |the Heights of Pala Mesa Conservation Bank. |

| |FISCAL IMPACT: |

| |The proposed action would have no direct fiscal impact on the County General Fund. A sum of $5,000 was deposited with the County on |

| |May 14, 2003 to offset the County Staff costs associated with this request (WN 7751). Although there is biological value in ownership |

| |of mitigation bank credits, the credits have no fiscal impact. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER: |

| |Find that in accordance with Section 15307 of the California Environmental Quality Act Guidelines, that the requested action is exempt |

| |from the California Environmental Quality Act and will not result in a serious or major disturbance to an environmental resource as it |

| |assures the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for |

| |protection of the environment and concurrently find the proposed action is categorically exempt from the California Environmental |

| |Quality Act under Section 15313 (Acquisition of Lands for Wildlife Conservation Purposes). |

| |Approve and authorize the use of 3.89 acres of the County’s five percent Coastal sage scrub loss allotment by the City of San Marcos for|

| |the Hallmark Communities--Vistancia project conditioned upon purchase of 11.67 acres of mitigation bank credit from the Heights of Pala |

| |Mesa Conservation Bank. |

| |Approve and authorize the Director of Planning and Land Use to notify the City of San Marcos and the Wildlife Agencies (U.S. Fish and |

| |Wildlife Service and the California Department of Fish and Game) that 3.89 acres of Coastal sage scrub habitat will be deducted from the|

| |County’s five percent Coastal sage scrub habitat loss allotment conditioned upon purchase of 11.67 acres of Coastal sage scrub |

| |mitigation bank credits within the Heights of Pala Mesa Conservation Bank by Hallmark Communities. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent. |

| | |

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

| |

| |

|6. |SUBJECT: |SET HEARING FOR 9/22/04: |

| | |RANCHO SAN VICENTE: SET HEARING FOR A SPECIFIC PLAN AMENDMENT, SPA 03-007; MAJOR USE PERMIT MODIFICATION, |

| | |P92-006W1; AND OPEN SPACE EASEMENT VACATION, VAC 03-019; RAMONA COMMUNITY PLAN AREA (DISTRICT: 2) |

| |OVERVIEW: |

| |This is a request to amend the Rancho San Vicente Specific Plan and to modify the associated Major Use Permit so that open space |

| |easements are not required within certain residential lots located adjacent to the Simon Open Space Preserve. There is also a request |

| |to vacate the subject open space easements. The affected lots are subject to the (21) Specific Plan Area (0.286) and the zoning |

| |includes the S88 Specific Planning Area Use Regulations. The project site is located both north and south of the intersection of Vista |

| |Ramona Road and Arena Way in the community of Ramona. |

| | |

| | |

| | |

| |The vacation of open space easements is a two-step process. The first step is to set a date for the public hearing and direct the Clerk|

| |of the Board to provide notice and posting as required by law. The second step is to adopt a resolution to vacate specified open space |

| |easements at the close of the public hearing. |

| |FISCAL IMPACT: |

| |N/A |

| |RECOMMENDATION: |

| |PLANNING COMMISSION |

| |Adopt the Resolution approving the amendment (SPA 03-007) to the Rancho San Vicente Specific Plan, which makes the appropriate findings |

| |and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with State law|

| |and the County General Plan. |

| |Grant Major Use Permit Modification P92-006W1, which makes the appropriate findings and includes those requirements and conditions |

| |necessary to ensure that the project is implemented in a manner consistent with the Zoning Ordinance and State law. |

| |DEPARTMENT OF PLANNING AND LAND USE |

| |Concurs with Planning Commission recommendation, and |

| |Set a public hearing for 9:00 a.m. on September 22, 2004, to consider the Specific Plan Amendment, the Major Use Permit Modification and|

| |Vacation of specified open space easements. |

| |At the close of public hearing, take the following actions: |

| |Adopt the Resolution approving the amendment (SPA 03-007) to the Rancho San Vicente Specific Plan, which makes the appropriate findings |

| |and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with State law|

| |and the County General Plan. |

| |Grant Major Use Permit Modification P92-006W1, which makes the appropriate findings and includes those requirements and conditions |

| |necessary to ensure that the project is implemented in a manner consistent with the Zoning Ordinance and State law. |

| |Adopt a Resolution entitled: “Resolution of Vacation of Street, Highway, or Public Service Easement (VAC03-019, Rancho San Vicente)”. |

| |Direct the Clerk of the Board to withhold recordation of the Vacation until all conditions of approval have been completed to the |

| |satisfaction of the Director of Planning and Land Use. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, |

| |setting Hearing for September 22, 2004, at 9:00 a.m. |

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

| |

| |

|7. |SUBJECT: |ESTABLISHMENT OF APPROPRIATIONS AND AUTHORIZATION TO ADVERTISE FOR BID AND AWARD OF A CONSTRUCTION CONTRACT FOR|

| | |THE COLLIER PARK PLAYGROUND PROJECT, RAMONA (DISTRICT: 2) |

| |OVERVIEW: |

| |Collier Park is an 8.5-acre County park located in the community of Ramona. Existing park facilities include a Boys and Girls Club, |

| |tennis courts, a volunteer recreational vehicle pad, parking areas, and two playground areas. The play equipment in the smaller of the |

| |two play areas is old and in need of refurbishment. The proposed action would result in the design and construction of a new playground|

| |that complies with current safety standards and Americans with Disabilities Act requirements. |

| | |

| |The Fiscal Year 2004-2005 Capital Improvement Budget included $25,000 of California Integrated Waste Management Board grant funds for |

| |the Collier Park Playground Improvements project. This request will authorize the transfer of $36,917 from the recently completed |

| |Collier Park Volunteer Pad project, and the appropriation of $65,000 in unallocated Proposition 12 Roberti-Z’berg-Harris grant funding |

| |to supplement budgeted funds for a total of $126,917 in project funding. Included in this request is the authorization to advertise for|

| |bid and award of a construction contract estimated at $110,000, including 10% contingency, for the playground project. Remaining funds |

| |will be used for related project costs including project administration, construction inspection, and in-house design. |

| |FISCAL IMPACT: |

| |Funding in the amount of $25,000 is budgeted in the Capital Outlay Fund for this request. Additional funding in the amount of $101,917 |

| |is being requested in this action for a total project budget of $126,917. The funding sources are budgeted California Integrated Waste |

| |Management Board grant funds, County General Funds being transferred from a completed Capital Project, and unallocated Proposition 12 |

| |Roberti-Z’berg-Harris grant funds. General Funds being transferred in this action will provide the required match for the |

| |Roberti-Z’berg-Harris grant. The requested action will authorize advertisement to bid and award a construction contract estimated at |

| |$110,000, including 10% contingency. Remaining funds will be used for related project costs including project administration, |

| |construction inspection, and in-house design. Maintenance of the constructed facilities will be managed with existing budgeted |

| |resources in the Department of Parks and Recreation. This proposal will require the addition of no staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines that the Collier Park Playground |

| |Improvements project is categorically exempt from CEQA. |

| | |

| | |

| | |

| |Cancel appropriations and related Operating Transfer from the General Fund of $36,917 in the Capital Outlay Fund for Capital Project |

| |1000014 – Collier Park Volunteer Pad, to provide funds for the Collier Park Playground project. |

| |Establish appropriations of $36,917 in the Capital Outlay Fund for Capital Project 1005389 – Collier Park Playground Improvements, based|

| |on an Operating Transfer from the General Fund made available by the cancellation of appropriations in Capital Project 1000014. (4 |

| |VOTES) |

| |Establish appropriations of $65,000 in the Capital Outlay Fund for Capital Project 1005389 – Collier Park Playground Improvements, based|

| |on available Proposition 12 Roberti-Z’berg-Harris grant funds. (4 VOTES) |

| |Authorize the Director of Purchasing and Contracting to take any action authorized by Section 401 et seq. of the Administrative Code, |

| |with respect to contracting for the Collier Park Playground Improvements project. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent. |

| | |

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

| |

| |

|8. |SUBJECT: |SET HEARING FOR 9/22/04 |

| | |RAMONA - SET A HEARING TO CONSIDER THE ACQUISITION OF ASSESSOR PARCEL NUMBERS 282-010-08 AND 282-010-34 (HARDY |

| | |RANCH) IN THE SANTA MARIA CREEK AREA (DISTRICT: 2) |

| |OVERVIEW: |

| |On November 1, 2000 (13), the Board of Supervisors directed the Chief Administrative Officer to work with The Grasslands Preservation |

| |Project to seek potential sources of funding for the acquisition of grasslands in Ramona, within the North County Multiple Species |

| |Conservation Program Subarea Plan study area. |

| |On March 13, 2002 (11), the Board approved an application for grant funds for the Riparian and Riverine Habitat Program under the Safe |

| |Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 for the Santa Maria Creek Acquisition project. |

| |On April 9, 2003 (11), the Board established appropriations of $360,000 in Capital Project 1005265 – Santa Maria Creek Acquisition |

| |(Hardy property), based on awarded Riparian and Riverine Habitat grant funds. |

| |The Board is requested to set a hearing for September 22, 2004 to consider the acquisition of a 70-acre property known as “Hardy Ranch,”|

| |identified as Assessor Parcel Numbers 282-010-08 and 282-010-34 (Thomas Guide, page 1172-B1) from Dean and Ilana Hardy for the appraised|

| |value of $980,000. |

| |FISCAL IMPACT: |

| |There is no fiscal impact associated with the request to set a hearing date. Should the Board approve the purchase of these parcels on |

| |September 22, 2004, funding for the purchase will be provided by $358,492 of existing budgeted Riparian and Riverine Habitat grant |

| |funds, and the transfer of $630,000 of previously budgeted County General Funds being requested in this action. Remaining funding will |

| |be used for Real Estate Services staff costs and title and escrow fees. Management of the acquired land will be provided by existing |

| |budgeted resources in the Department of Parks and Recreation. There will be no additional staff years resulting from this action. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Cancel Appropriations and Related Operating Transfer from the General Fund of $630,000 in the Capital Outlay Fund for Capital Project |

| |1000012 - Multiple Species Conservation Program Acquisitions, to provide funds for the Santa Maria Creek Acquisition II Project (Hardy |

| |property). |

| |Establish Appropriations of $630,000 in the Capital Outlay Fund for Capital Project 1005265, Santa Maria Creek Acquisition II (Hardy |

| |property), based on an Operating Transfer from the General Fund. (4 VOTES) |

| |Direct the Clerk of the Board to publish the required Notice of Intention to Purchase in accordance with Government Code Sections 25350 |

| |and 6063. |

| |Set this matter for September 22, 2004, at which time the Board of Supervisors may consummate the purchase of Assessor Parcel Numbers |

| |282-010-08 and 282-010-34 (Dean and Ilana Hardy). |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent, |

| |setting Hearing for September 22, 2004, at 9:00 a.m. |

| | |

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

| |

| |

|9. |SUBJECT: |ADVERTISE AND AWARD CONTRACT FOR CONSTRUCTION OF LOS COCHES ROAD, PHASE II, IMPROVEMENTS IN LAKESIDE |

| | |(DISTRICT: 2) |

| |OVERVIEW: |

| |This will result in the widening of Los Coches Road between Julian Avenue and Maine Avenue, and Maine Avenue between Los Coches Road and|

| |Woodside Avenue (Thomas Guide page 1232, B-4). The project will provide two traffic lanes, a center two-way left turn lane, bike and |

| |parking lanes on both sides, right turn lanes, curb, gutter, sidewalk, reconstruction of existing pavement, utility undergrounding, and |

| |drainage improvements. The segment of Los Coches Road between Maine Avenue and Woodside Avenue will remain a one-lane, one-way street |

| |with parking on both sides of the roadway. Design plans have been completed and the project is ready for construction. Construction is |

| |scheduled to commence in Fall 2004 and will take about a year and a half to complete. |

| | |

| |The project requires acquisition of 14 permanent road easements from 13 property owners. To date, seven easements have been obtained. On|

| |March 24, 2004 (8), the Board adopted a Resolution of Necessity authorizing condemnation against the remaining unsigned owners. Eminent |

| |domain suits, which include an order of possession, have been filed with the Court. No appeals of the Orders of Possession were |

| |received from the property owners during the appeal period. The Real Estate Services Division is conducting negotiations with the |

| |remaining property owners in an attempt to reach agreements rather than allow the matters to be decided by the court. All necessary |

| |rights of way will be completed in September before contract award. |

| | |

| |This is a request to 1) appropriate unanticipated revenue from TransNet and utility fair share reimbursements; 2) approve advertisement |

| |and subsequent award, to the lowest responsible bidder, of a contract to construct Los Coches Road, Phase II, Improvements; and 3) |

| |approve execution, upon receipt, of Utility Undergrounding Agreements. Upon Board approval, the project will be advertised, and upon |

| |right of way certification the construction contract will be awarded. |

| |FISCAL IMPACT: |

| |Funds for this request were originally budgeted in the previous fiscal year. This project is identified as part of the County’s |

| |Regional Transportation Improvement Program. Funding sources are unanticipated revenue from TransNet ($1,537,593), San Diego Gas and |

| |Electric ($413,444), SBC Pacific Bell Telephone Company ($24,939.35), and Cox Communications ($27,357.30). Establishment of |

| |appropriations based on these sources of unanticipated revenue are required and included as part of this request. If approved, this |

| |request will result in current year cost of $2,003,334, no annual costs, and no additional staff years required. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the Environmental Impact Report for the Los Coches Road (Phase II) Project and General Plan Amendment (GPA) 98-CE, SCH No. |

| |9601103, dated May 14, 1998, and Addendum to the Los Coches Road (Phase II) Widening Project and GPA 98-CE Environmental Impact Report, |

| |dated March 2004, on file in the Department of Public Works was 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 Environmental Impact Report reflects the independent judgment and analysis of the Board of |

| |Supervisors. |

| | |

| | |

| | |

| | |

| |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 Environmental Impact Report and Addendum to the previously |

| |adopted Environmental Impact Report, 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 Addendum were prepared. |

| |Establish appropriations of $1,537,593 in the Department of Public Works Detailed Work Program, for the Los Coches Road, Phase II, |

| |Improvements Project, based on unanticipated revenue from TransNet funds. (4 VOTES) |

| |Establish appropriations of $465,740.65 in the Department of Public Works Detailed Work Program, for the Los Coches Road, Phase II, |

| |Improvements Project, based on unanticipated revenue from San Diego Gas and Electric ($413,444), SBC Pacific Bell Telephone Company |

| |($24,939.35) and Cox Communications ($27,357.30). (4 VOTES) |

| |Authorize the Director, Department of Purchasing and Contracting, to take any action authorized by Section 401, et seq. of the |

| |Administrative Code with respect to contracting for subject public works project. |

| |Designate the Director, Department of Public Works, as the County Officer responsible for administering the construction contract, in |

| |accordance with Board Policy F-41, Public Works Construction Contracts. |

| |Approve and authorize the Clerk of the Board of Supervisors to execute, upon receipt, Utility Undergrounding Agreements between the |

| |County of San Diego and each of the following utility companies: San Diego Gas and Electric/Sempra Energy, three originals; SBC Pacific |

| |Bell Telephone Company, one original; and Cox Communications, one original. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent. |

| | |

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

| |

| |

|10. |SUBJECT: |GILLESPIE FIELD – APPROVE EXCLUSIVE NEGOTIATION AGREEMENT TO DEVELOP THE WELD BOULEVARD SITE (DISTRICT: 2) |

| |OVERVIEW: |

| |On March 24, 2004 (24), the Board authorized the Director of the Department of General Services to issue a Request for Letters of |

| |Interest and Request For Qualifications for the development of 41.69 acres of land at Gillespie Field, known as the Weld Boulevard site.|

| |A selection committee, appointed by the Director of General Services, has reviewed the three proposals received and recommends that the |

| |County enter into an Exclusive Negotiation Agreement with Pacific Scene Commercial. |

| |Today's action requests the Board's approval of the recommended developer and authorization for further negotiations with Pacific Scene |

| |Commercial, which will lead to a Development Agreement and Option to Lease. If approved, Pacific Scene Commercial shall submit to the |

| |County a non-refundable deposit in the amount of $25,000 for staff labor cost of the project. |

| |FISCAL IMPACT: |

| |Funds for this request are partially budgeted. Appropriations in the amount of $72,000 are currently budgeted in the Gillespie Field |

| |Redevelopment Agency Operational Plan. Approval of the Exclusive Negotiation Agreement will result in the receipt of non-refundable |

| |deposits in the amount of $25,000 from Pacific Scene Commercial, and the Board is requested to appropriate these funds into the |

| |Gillespie Field Redevelopment Agency Operational Plan. If approved, this request will result in $97,000 current year cost, no annual |

| |revenue, and no additional staff years. There will be no impact to the General Fund. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find, in accordance with Section 15061(b)(3) of the California Environmental Quality Act guidelines, that the execution of an Exclusive |

| |Negotiation Agreement is categorically exempt from the provisions of California Environmental Quality Act because it can be seen with |

| |certainty that this action will not have an adverse effect on the environment. |

| |Adopt the selection committee's recommendation to select Pacific Scene Commercial as the developer of the Weld Boulevard site. |

| |Approve and authorize the Clerk of the Board to execute three copies of the Exclusive Negotiating Agreement for the Weld Boulevard site |

| |with Pacific Scene Commercial. (4 VOTES) |

| |Authorize the Director, Department of General Services, to negotiate the business points of the Development Agreement and Option to |

| |Lease for the Weld Boulevard site with Pacific Scene Commercial. |

| |Direct the Director of General Services to return to the Board for approval to enter into a Development Agreement and Option to Lease |

| |for the County's Weld Boulevard site, should negotiations with Pacific Scene Commercial result in an agreement, or alternatively, to |

| |report that negotiations were unsuccessful and recommend further development options for the site at that time. |

| |Establish appropriations of $25,000 in the Gillespie Field Redevelopment Agency to provide staff labor costs for negotiation of a |

| |Development Agreement and Option to Lease, based on unanticipated revenue in the form of a non-refundable Developer Deposit from Pacific|

| |Scene Commercial. (4 VOTES) |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent. |

| | |

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

| |

| |

|11. |SUBJECT: |ADVERTISE AND AWARD CONTRACT FOR GLOBAL POSITIONING SYSTEM HIGH-TECH STATIONS TO ENHANCE LAND SURVEYING AND |

| | |EARTHQUAKE PREDICTION: (DISTRICTS: 2, 3) |

| |OVERVIEW: |

| |Permanently installed Global Positioning System stations provide very accurate positional data. There are currently eight permanent |

| |Continuous Operating Reference Global Positioning System Stations in San Diego County, operated by the Southern California Integrated |

| |Global Positioning System Network. Data from the stations is downloaded daily and is available on the Internet through the California |

| |Spatial Reference Center at Scripps Institute of Oceanography. Benefits of permanent stations include higher surveying accuracy, |

| |enhanced ability to provide information to the public, and better ability to obtain seismic activity data. |

| |Although the benefit of higher accuracy is great, there is a constraint. Because of long distances between the eight stations in San |

| |Diego County, it takes several hours of data collection to calculate millimeter positions. The County Surveyor, in cooperation with the |

| |scientific community, proposes enhancing the system to enable real time, accurate data to be available on the Internet. This involves |

| |installation of 12 more permanent stations, four of which would be County-installed. |

| |This is a request to approve advertisement and subsequent contract award to the lowest bidder to construct four Global Positioning |

| |System Stations. Upon Board approval, Department of Purchasing and Contracting will advertise and subsequently award a contract for |

| |construction, scheduled in September 2004. |

| |FISCAL IMPACT: |

| |This project is budgeted in the Department of Public Works General Fund. If approved, construction will total approximately $96,000. |

| |There will be no additional annual costs or additional staff years required. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15303, New |

| |Construction or Conversion of Small Structures, of the State CEQA Guidelines. |

| | |

| |Authorize the Director, Department of Purchasing and Contracting, to take any actions authorized by Section 401, et seq., of the |

| |Administrative Code with respect to contracting for subject public works project. |

| | |

| |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 Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent. |

| | |

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

| |

| |

|12. |SUBJECT: |AUTHORIZATION TO ACCEPT NATIONAL EMERGENCY GRANT FUNDS AND SERVICES FOR DEPARTMENT OF PARKS AND RECREATION 2003|

| | |FIRE RECOVERY PROJECTS (DISTRICTS: 2 AND 5) |

| |OVERVIEW: |

| |On October 31, 2003, the California Employment Development Department submitted a $35 million grant application for National Emergency |

| |Grant funds related to the 2003 California wildfires. This program is administered by the U.S. Department of Labor. San Diego County |

| |is included in the areas identified in the Presidential Order for Financial Aid to California that qualify for this grant. On November |

| |19, 2003, the Secretary of Labor awarded $12 million in National Emergency Grant funds to the Employment Development Department, with $4|

| |million available for immediate release. |

| |On February 11, 2004 (7), the Board accepted Phase I of the National Emergency Grant which consisted of labor services valued at |

| |$1,152,000. A total of 49 temporary jobs were created in this phase for fire recovery efforts. With the successful completion of |

| |projects funded with the initial allocation, the granting agency has awarded an additional $8,869,110 to fund the second and third |

| |phases of the local program. The joint venture between the San Diego Workforce Partnership, California Conservation Corps, County of |

| |San Diego, and City of San Diego will administer the $8,869,110 in grant funds allocated to the San Diego local workforce investment |

| |area. |

| |This requested action is to accept the County’s share of National Emergency Grant labor services and funding available to the Department|

| |of Parks and Recreation. The grant award is in the form of labor services valued at approximately $5.5 million and funding for three |

| |temporary Park Attendant positions, estimated at $70,949 annually, to provide on-site support for the National Emergency Grant crews |

| |working at Department parks and facilities. |

| |Furthermore, the Department of Parks and Recreation will receive an additional $88,312 annually, to offset Department salary and benefit|

| |costs of existing employees that will dedicate staff time to administer this program. The performance period for this grant has been |

| |extended through December 2005. |

| |If approved, this requested action will accept all phases of the National Emergency Grant funding and authorize the Department of Parks |

| |and Recreation to negotiate and process any current and future grant documents and amendments necessary for the acceptance of the |

| |National Emergency Grant funds and labor services. |

| |FISCAL IMPACT: |

| |Funds for this request are not budgeted. The funding source is the County’s portion of awarded National Emergency Grant funds in the |

| |amount of $70,949 in Fiscal Year 2004-2005 for temporary salaries and benefits, as well as reimbursement for existing Department staff |

| |time estimated at $88,312 dedicated for administration of this program. Subsequent year funding is estimated at $79,631 (half the |

| |annual cost) for temporary staff and reimbursement of existing staff costs through the grant period ending December 2005. In addition, |

| |labor services valued at approximately $5.5 million will be received, for an estimated total value of $5,738,892. The labor services |

| |created by this grant will be paid directly by the granting agency and will not be included in the County workforce. Future National |

| |Emergency Grant awards are being authorized for acceptance by this action. The Department will return to the Board for appropriation of|

| |any future awarded funds. There will be no cost to the General Fund and no increase in permanent staff years resulting from this |

| |requested action. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find in accordance with section 15269 of the California Environmental Quality Act (CEQA) Guidelines, that these emergency projects are |

| |exempt from CEQA. |

| |Waive Board Policy A-91, Mid-Year Budget Changes, to allow for the appropriation of National Emergency Grant funds in the Department of |

| |Parks and Recreation current year budget. |

| |Establish appropriations in the amount of $70,949 in the Department of Parks and Recreation to hire three temporary seasonal Park |

| |Attendants for emergency projects resulting from the 2003 wildfires, based on unanticipated revenue from the National Emergency Grant |

| |funds. (4 VOTES) |

| |Accept Phases II and III and any future phases of National Emergency Grant labor services and funds provided by the San Diego Workforce |

| |Partnership and California Conservation Corps, to assist in the cleanup and restoration efforts resulting from the 2003 wildfires. |

| |Authorize the Director of the Department of Parks and Recreation or a designee, as agent of the County of San Diego, to conduct all |

| |negotiations, execute and submit all documents, including grant agreements, amendments, extensions and Memorandum of Understanding and |

| |amendments that may be necessary for the acceptance of Phases II and III and any subsequent phases of National Emergency Grant funds and|

| |labor services to assist in the cleanup and restoration efforts related to the 2003 wildfires. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent. |

| | |

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

| |

| |

|13. |SUBJECT: |REQUEST FOR SOLE SOURCE PROCUREMENT OF MOSQUITO LARVICIDES FOR AERIAL AND LAND APPLICATION TO PREVENT WEST NILE|

| | |VIRUS |

| | |(DISTRICT: ALL) |

| |OVERVIEW: |

| |West Nile Virus has been found in the County of San Diego in October and November of 2003, and July of 2004. Aggressive control measures|

| |are a key strategy in minimizing the impacts of the virus on our residents. Results from test applications of larvicides using a |

| |helicopter last year revealed that mosquito populations can be significantly reduced if applied every four weeks. Vector Control |

| |initiated monthly aerial applications of larvicides beginning May of this year at 25 selected mosquito-breeding locations in the county.|

| |The Department of Environmental Health is requesting that the Board approve the purchase of an adequate supply of larvicides to conduct |

| |the aerial and land applications by staff. |

| | |

| |This is a request for approval of sole source procurement and authorization to enter into an agreement with Adapco/Fennimore for an |

| |amount not to exceed $230,260 for Fiscal Year 2004-05 and $230,260 for each fiscal year through June 2008. |

| |FISCAL IMPACT: |

| |Funds for this request are budgeted in the Department of Environmental Health for Fiscal Year 2004-05. If approved, this request will |

| |result in $230,260 cost and revenue in Fiscal Year 2004-05 and an estimated amount of $230,260 for each subsequent year through Fiscal |

| |Year 2007-08. The funding source for this fiscal year is the Vector Control Trust Fund. There will be no change in net General Fund |

| |costs and no additional staff years. Funding for the subsequent years’ cost is the Vector Control Service Fee and will be included in |

| |the proposed budget for each fiscal year. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |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. |

| | |

| |In accordance with Board Policy A-87, Competitive Procurement, approve and authorize the Director, Department of Purchasing and |

| |Contracting, to enter into negotiations with Adapco/Fennimore, and subject to successful negotiations and determination of a fair and |

| |reasonable price, award an agreement for VectoLex CG and VectoBac G from Adapco/Fennimore for four years through June 30, 2008, and an |

| |additional six months if needed, and to amend the contract as needed to reflect changes to services and funding, subject to approval of |

| |the Director of Environmental Health. Waive the advertising requirement of Board Policy A-87. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent. |

| | |

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

| |

| |

|14. |SUBJECT: |AGREEMENTS WITH THREE ENVIRONMENTAL CONSULTING FIRMS TO PROVIDE 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 environmental studies. These |

| |consultants may also be used for environmental studies for other County departments. Use of these consultants will enhance the |

| |Department’s ability to complete environmental reviews and mitigation requirements in a timely manner. |

| |The consultant firms RECON Environmental, Inc., Mooney & Associates, Inc. and Kimley-Horn & Associates, Inc. were selected in accordance|

| |with provisions of Board Policy F-40, Procuring Architectural, Engineering and Related Professional Services. Public agencies in |

| |California must typically 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 Environmental Services. The firms selected were ranked highest among firms |

| |interviewed for this project. |

| |This is a request to approve three separate agreements with individual firms to provide environmental services for fees not to exceed |

| |$250,000 each, with these agreements ending August 18, 2007 or when funds are exhausted or services are no longer required, whichever |

| |shall occur first. The agreements authorize the Director, Department of Public Works, to extend the termination date and to adjust |

| |billing rates on an annual basis to mutually agreed upon fair and reasonable rates. |

| |FISCAL IMPACT: |

| |Funds for this request are included in the Department of Public Works Detailed Work Program. Funding source is TransNet. All |

| |non-TransNet projects undertaken under these agreements will be reimbursed from the appropriate funding source. If approved, this |

| |request will result in FY 2004-05 cost of approximately $250,000 and approximately $250,000 each year over the next two years. It will |

| |require no additional staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |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. |

| |Find that the services can be provided more economically and efficiently by the proposed independent contractors than by persons in the |

| |Classified Service. |

| |Approve and authorize the Clerk of the Board to execute, upon receipt, three originals for each of the following agreements. |

| |An Agreement with RECON Environmental, Inc. to provide environmental services for compensation not to exceed $250,000. Agreement to |

| |terminate August 18, 2007, or when funds are exhausted or services are no longer required, whichever shall occur first, with option to |

| |extend termination date by written mutual agreement if original funding remains available. |

| |An Agreement with Mooney & Associates, Inc. to provide environmental services for compensation not to exceed $250,000. Agreement to |

| |terminate August 18, 2007, or when funds are exhausted or services are no longer required, whichever shall occur first, with option to |

| |extend termination date by written mutual agreement if original funding remains available. |

| |An Agreement with Kimley-Horn and Associates, Inc. to provide environmental services for compensation not to exceed $250,000. Agreement|

| |to terminate August 18, 2007, or when funds are exhausted or services are no longer required, whichever shall occur first, with option |

| |to extend termination date by written mutual agreement if original funding remains available. |

| |Designate the Director, Department of Public Works, as County Officer responsible for administering the agreements. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent. |

| | |

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

| |

| |

|15. |SUBJECT: |AGREEMENTS WITH THREE CONSULTANT FIRMS TO PROVIDE DESIGN ENGINEERING 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 design engineering for various|

| |Department of Public Works projects. Use of consultants will enhance the Department’s ability to complete project designs in a timely |

| |manner. |

| |The consultant firms Nasland Engineering, Dokken Engineering, and Willdan, were selected in accordance with provisions of Board Policy |

| |F-40, Procuring Architectural, Engineering and Related Professional Services. Public agencies in California must typically 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 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 Civil Engineering Services. The firms selected were ranked highest among firms interviewed for this project. |

| |This is a request to approve three separate agreements with individual firms to provide design engineering services for fees not to |

| |exceed $250,000 each for two of the contracts and $200,000 for a third contract, with these agreements ending August 18, 2007 or when |

| |funds are exhausted or services are no longer required, whichever shall occur first. The agreements authorize the Director, Department |

| |of Public Works to extend the termination date and to adjust billing rates on an annual basis to mutually agreed upon fair and |

| |reasonable rates. |

| |FISCAL IMPACT: |

| |Funding for this request is included in the Department of Public Works Detailed Work Program. Funding source is 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 approximately $250,000 and approximately $225,000 each year over the next two years. |

| |It will require no additional staff years. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |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. |

| |Find that the services can be provided more economically and efficiently by the proposed independent contractors than by persons in the |

| |Classified Service. |

| |Approve and authorize the Clerk of the Board to execute, upon receipt, three originals for each of the following agreements: |

| | |

| |An Agreement with Nasland Engineering to provide engineering design services on an as-needed basis for compensation not to exceed |

| |$250,000. Agreement will terminate August 18, 2007 or when funds are exhausted or services are no longer required, whichever shall |

| |occur first, with option to extend termination date by written mutual agreement if original funding remains available. |

| |An Agreement with Dokken Engineering to provide engineering design services on an as-needed basis for compensation not to exceed |

| |$250,000. Agreement will terminate August 18, 2007 or when funds are exhausted or services are no longer required, whichever shall |

| |occur first, with option to extend termination date by written mutual agreement if original funding remains available. |

| |An Agreement with Willdan to provide engineering design services on an as-needed basis for compensation not to exceed $200,000. |

| |Agreement will terminate August 18, 2007 or when funds are exhausted or services are no longer required, whichever shall occur first, |

| |with option to extend termination date by written mutual agreement if original funding remains available. |

| |Designate the Director, Department of Public Works, as County Officer responsible for administering the agreements. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent. |

| | |

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

| |

| |

|16. |SUBJECT: |CONTRACT CHANGE ORDER FOR BONITA-SUNNYSIDE LIBRARY TO AUTHORIZE SEWER LINE REPLACEMENT AND BUILDING UPGRADES |

| | |(DISTRICT: 1) |

| |OVERVIEW: |

| |The Bonita-Sunnyside Library and Museum Project includes an 8,000-square foot County library, a 2,000-square foot community space, a |

| |4,400-square foot Bonita Museum and Cultural Center and the Bonita Public Safety Center in two buildings on a vacant City of Chula |

| |Vista-owned 1.5-acre parcel adjacent to the Chula Vista Golf Course. On May 4, 2004 (3), the Board approved the Mitigated Negative |

| |Declaration, amended the Department of General Services Major Maintenance Internal Service Fund spending plan to accept revenues from |

| |the City of Chula Vista for parking lot and street improvements, and authorized the Director, Purchasing and Contracting, to bid and |

| |award the construction contract for the Library and Museum. |

| | |

| |Approval of today’s action will provide additional funds to allow for cost-effective replacement of an aging sewer pipe while the site |

| |is undeveloped, thereby avoiding expensive disruptions to the library and museum at a future date. This letter also authorizes the |

| |Director, Purchasing and Contracting to issue change orders to implement the sewer replacement and project upgrades. On August 10, 2004|

| |(2), District One allocated $530,000 from its Community Projects budget to upgrade exterior building materials and add public area |

| |amenities for the Bonita-Sunnyside Library Project. |

| |FISCAL IMPACT: |

| |The funding source for the sewer work is the Spring Valley Sanitation District Fund Balance ($700,000). If approved this request will |

| |result in $700,000 current year cost, no annual cost, and will require no additional staff years. There will be no impact on the |

| |General Fund. Previously, an additional $530,000 was transferred from the District One Community Projects budget (0261) to capital |

| |project 1000173 for project upgrades. |

| |BUSINESS IMPACT STATEMENT: |

| |Expenditures for this project will create private sector jobs and economic opportunities in the County of San Diego. |

| |RECOMMENDATION: |

| |CHIEF ADMINISTRATIVE OFFICER |

| |Find that the Mitigated Negative Declaration for the Bonita-Sunnyside Library and Museum project is on file with the Department of |

| |General Services and was prepared in compliance with the California Environmental Quality Act and the State and County California |

| |Environmental Quality Act Guidelines, that the decision making body reviewed and considered the information contained therein before |

| |approving the project, and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Board of |

| |Supervisors; and find that there are no changes in the project or in the circumstances under which it is undertaken which involve |

| |significant new environmental impacts which were not considered in the previously adopted Mitigated Negative Declaration, 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 Mitigated Negative Declaration was prepared. |

| | |

| |Establish appropriations of $700,000 in the Spring Valley Sanitation District for replacement of the Spring Valley Outfall Sewer under |

| |the Bonita Library site based on fund balance available in the Spring Valley Sanitation District Fund. (4 VOTES) |

| | |

| |Approve and Authorize the Director of Purchasing and Contracting to execute one or more major contract change orders with Soltek Pacific|

| |for the Bonita-Sunnyside Library to fund the sewer line replacement and building materials and amenities upgrades. (4 VOTES) |

| | |

| |Relates to Sanitation Districts Agenda No. 1. |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent. |

| | |

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

| |

| |

|17. |SUBJECT: |ADMINISTRATIVE ITEM: |

| | |COUNTY OF SAN DIEGO TRACT NO. 4713-6: 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 22 single-family residential lots, 3 open space lots, and a total of 14.72 acres. It is |

| |located in the Fallbrook area on the easterly side of Mission Road, approximately 1.5 miles northerly from Stage Coach Lane off |

| |Peppertree Lane. (Thomas Guide, Page 1027, G-5, 2004 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 |

| |Approve this map. |

| |Accept an open space easement over all of Lots 210, 211, and 222 as granted on said map. |

| |Approve and authorize Clerk of the Board of Supervisors to execute Agreement to Improve Major Subdivision, which includes street and |

| |drainage improvements, water facilities, sewer facilities and setting of final monuments (Attachment B). |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent. |

| | |

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

| |

| |

|18. |SUBJECT: |ADMINISTRATIVE ITEM: |

| | |COUNTY OF SAN DIEGO TRACT NO. 5190-1: 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 16 single-family residential lots, and a total of 11.44 acres. It is located in the |

| |Fallbrook area approximately 670 feet north of Reche Road and east of Dallas Road, between Fallbrook Street and Via Green Canyon Norte. |

| |(Thomas Guide, Page 1028, A-4, 2004 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 |

| |Approve this map. |

| |Accept on behalf of the County the access restriction easement as granted on said map. |

| |Approve and authorize Clerk of the Board of Supervisors to execute Agreement to Improve Major Subdivision, which includes street and |

| |drainage improvements, water facilities, sewer facilities and setting of final monuments (Attachment B). |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent. |

| | |

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

| |

|19. |SUBJECT: |BRINGING THE HYDROGEN HIGHWAY TO SAN DIEGO COUNTY (DISTRICTS: ALL) |

| |OVERVIEW: |

| |On September 19, 2004, the California Fuel Cell Partnership (CaFCP) will bring “Cruisin’ Southern Cal: 2004 Fuel Cell Vehicle Road |

| |Rally” to San Diego County. Today’s action will authorize the Air Pollution Control District to partner with CaFCP to demonstrate the |

| |capabilities and technology of hydrogen fuel cell vehicles at this event. |

| |FISCAL IMPACT: |

| |The total cost is not to exceed $10,000. Appropriations are available in the Community Projects Budget unit (0264). This action will |

| |result in the addition of no staff years and no future costs. |

| |RECOMMENDATION: |

| |SUPERVISOR ROBERTS: |

| |Direct the Air Pollution Control Officer to work with the California Fuel Cell Partnership (CaFCP) to organize the Fuel Cell Vehicle |

| |Road Rally at the County Administration Center on September 19, 2004. |

| |Allocate $10,000 from the Community Projects Budget Unit (0264) to the Board of Supervisors Special Events Trust Fund for costs |

| |associated with the 2004 Fuel Cell Vehicle Road Rally. |

| | |

| |Relates to Air Pollution Control District Agenda No. 2 |

| |ACTION: |

| |ON MOTION of Supervisor Slater-Price, seconded by Supervisor Roberts, the Board of Supervisors took action as recommended, on Consent. |

| | |

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

| |

| |

|20. |SUBJECT: |CLOSED SESSION |

| | |(Carryover from 8/17/04, Agenda No. 24) |

| |OVERVIEW: |

| |A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

| |(Subdivision (a) of Government Code section 54956.9) |

| |John Paul Starting v. County of San Diego, et al.; San Diego County Superior Court No. GIE 022170 |

| | |

| |B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

| |(Subdivision (a) of Government Code section 54956.9) |

| |Gregory Wayne Davis v. County of San Diego, et al.; San Diego County Superior Court No. GIC 808454 |

| | |

| |C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION |

| |(Subdivision (a) of Government Code section 54956.9) |

| |County of San Diego v. State of California; Sacramento County Superior Court No. 04AS00371 |

| | |

| |D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION |

| |Title: County Counsel |

| |ACTION: |

| |By vote of all five members of the Board of Supervisors present and voting Aye, authorized County Counsel to participate as Amicus |

| |Curiae in pending litigation in the Fourth District Court of Appeals, Division 3, in a case entitled Burt vs. County of Orange, in |

| |matters in that court and on Petition for Review to the California Supreme Court. |

| |

| |

|21. |SUBJECT: |PUBLIC COMMUNICATION |

| |Richard Halsey addressed the Board regarding preparing for another firestorm. |

| |ACTION: |

| |Heard; referred to the Chief Administrative Officer. |

| |

| |

There being no further business, the Board adjourned at 9:50 a.m. in memory of Dale Austin, Roy Wilson Potter, Patricia S. Lindh, and Jo Anne Brynjestad.

THOMAS J. PASTUSZKA

Clerk of the Board of Supervisors

County of San Diego, State of California

Consent: Tosh

Discussion: Hall

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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