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a. Approve and authorize the Housing and Community Development Director or their designee to execute a Funding Agreement (FA) with Omni Resources, LLC, (Project Applicant) a California Corporation, for the not to exceed amount of $68,921.00 and for a term beginning upon execution through March 31, 2025;
b. Approve and authorize the Housing and Community Development Director to execute a Professional Services Agreement (PSA) with Rincon Consultants, Inc., to prepare an Initial Study and Mitigated Negative Declaration (IS-MND) for the Omni Resources Service Station Project (PLN220348) for the not to exceed amount of $58,807.50 and a term beginning upon execution through March 31, 2025; and
c. Authorize the Housing and Community Development Director to execute future amendments to the Agreements where the amendments do not significantly alter the scope of work or increase the approved Agreement amounts by more than 10% (or $6,893 and $5,881, respectively), subject to review as to form by the Office of the County Counsel and as to fiscal provisions by the Auditor-Controller’s Office.
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RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize the Housing and Community Development Director or their designee to execute a Funding Agreement (FA) with Omni Resources, LLC, (Project Applicant) a California Corporation, for the not to exceed amount of $68,921.00 and for a term beginning upon execution through March 31, 2025;
b. Approve and authorize the Housing and Community Development Director to execute a Professional Services Agreement (PSA) with Rincon Consultants, Inc., to prepare an Initial Study and Mitigated Negative Declaration (IS-MND) for the Omni Resources Service Station Project (PLN220348) for the not to exceed amount of $58,807.50 and a term beginning upon execution through March 31, 2025; and
c. Authorize the Housing and Community Development Director to execute future amendments to the Agreements where the amendments do not significantly alter the scope of work or increase the approved Agreement amounts by more than 10% (or $6,893 and $5,881, respectively), subject to review as to form by the Office of the County Counsel and as to fiscal provisions by the Auditor-Controller’s Office.
SUMMARY/DISCUSSION:
The Project Applicant has applied to the County for a Combined Development Permit (PLN220348) (Project) consisting of a Use Permit and Design Approval to allow for construction of a service station consisting of 12 pumps and a 3,077 square foot convenience store. The Project Applicant also is requesting a variance to reduce the side and rear setbacks and an Administrative Permit to allow required parking within the front setback. The Project is located at the corner of Corral de Tierra Road and Highway 68 at the site of a previous service station.
The HCD is requiring the Project Applicant to fund the preparation of an IS-MND to support environmental analysis.
To minimize the impact to current planning projects, it is necessary to engage the services of an outside consultant. The HCD has an established on-call list of consultants as well as a separate public list of consultants who specialize in environmental documentation. Rincon Consultants, Inc., is on both lists as a qualified consultant and has been chosen to provide the necessary services.
Staff recommends entering into a FA with the Project Applicant and PSA with Rincon Consultants, Inc., to complete this project in a timely manner.
OTHER AGENCY INVOLVEMENT:
The Offices of the County Counsel and Auditor-Controller have reviewed the FA and PSA as to form and legality, and fiscal provisions, respectively.
FINANCING:
Pursuant to the terms of the FA between the Project Applicant and the County, the IS-MND provided by Rincon Consultants, Inc., under the PSA, and the County Contract Administration Fee of $6,613.50 will be paid by the Project Applicant with an advance deposit of $54,203.50 that includes the County Administration Fee as well as $3,500.00 in staff fees to review the IS-MND. Separate fees for County staff costs associated with the Project will be paid by the Project Applicant in accordance with the County’s Land Use Fee Schedule. The FA and PSA are structured so that there is no cost to the County associated with these Agreements, and there is no impact to the General Fund.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
This project supports the Board of Supervisors’ Economic Development initiative by providing jobs in our community and filling a need for services in the area.
X Economic Development
Administration
Health & Human Services
Infrastructure
Public Safety
Prepared by: Kathy Nielsen, Management Analyst II, 755-4832
Reviewed by: Lori Woodle, Finance Manager I, 759-6682
Approved by: Melanie Beretti, Chief of Planning, 755-5285
Approved by: Craig W. Spencer, HCD Director
Attachments:
Board Report
Attachment 1 - FA with Omni Resources, LLC