REGULAR MEETING OF - San Diego County, California



STATEMENT OF PROCEEDINGSCounty of San Diego Board of SupervisorsREGULAR MEETINGMeeting agendaWEDNESDAY, MARCH 13, 2013, 09:00 A.MBoard of Supervisors North Chamber1600 Pacific Highway, Room 310, San Diego, CaliforniaREGULAR SESSION – Regular Meeting was called to order at 9:05 a.m.Present: Supervisors Greg Cox, Chairman; Dianne Jacob, Vice Chairwoman; Dave Roberts; Ron Roberts; Bill Horn; also David C. Hall, Assistant Clerk of the Board.Approval of Statement of Proceedings/Minutes for the meetings of the Regular Board of Supervisors on January 30, 2013 and February 6, 2013.ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board of Supervisors approved the Statement of Proceedings/Minutes for the meetings of the Board of Supervisors on January 30, 2013 and February 6, 2013.AYES: Cox, Jacob, D. Roberts, R. Roberts, HornNOTICE: THE BOARD OF SUPERVISORS MAY TAKE ANY ACTION WITH RESPECT TO THE ITEMS INCLUDED ON THIS AGENDA. RECOMMENDATIONS MADE BY COUNTY STAFF DO NOT LIMIT ACTIONS THAT THE BOARD OF SUPERVISORS MAY TAKE. MEMBERS OF THE PUBLIC SHOULD NOT RELY UPON THE RECOMMENDATIONS IN THE BOARD LETTER AS DETERMINATIVE OF THE ACTION THE BOARD OF SUPERVISORS MAY TAKE ON A PARTICULAR MATTER.Board of Supervisors' Agenda ItemsAgenda #SubjectNOTICED PUBLIC HEARING:RANCHO CANADA MOBILE HOME PARK EXPANSION, REZONE, MAJOR USE PERMIT AND BOUNDARY ADJUSTMENT; LAKESIDE COMMUNITY PLAN AREAADVERTISE, AWARD CONTRACT AND ESTABLISH APPROPRIATIONS FOR CONSTRUCTION OF VALLEY CENTER ROAD SAFETY IMPROVEMENTS[funding source(s): UNANTICIPATED REVENUE FROM THE SAN PASQUAL BAND OF MISSION INDIANS AND SAN PASQUAL CASINO DEVELOPMENT GROUP](4 VOTES)DEPARTMENT OF PARKS AND RECREATION - APPROVAL OF LEASE AMENDMENT WITH VERIZON WIRELESS AT SAN DIEGUITO PARK[FUNDING SOURCE(S): RENT REVENUE RECEIVED UNDER THE TERMS OF THE PROPOSED LEASE AMENDMENT](4 VOTES)ADVERTISE, AWARD A CONTRACT AND ESTABLISH APPROPRIATIONS FOR CONSTRUCTION OF COUNTYWIDE ASPHALT CONCRETE OVERLAY FISCAL YEAR 2012-2013[funding source(s): ROAD FUND FUND BALANCE AVAILABLE](4 VOTES)TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (3/13/2013 - Adopt Recommendations; 3/20/13 - Second reading of Ordinance)DEPARTMENT OF PARKS AND RECREATION - APPROVAL OF LEASE AGREEMENT WITH THE MOUNTAIN EMPIRE HISTORICAL SOCIETY FOR THE CAMPO STONE STORE(4 votes)ADVERTISE AND AWARD CONTRACT AND ESTABLISH APPROPRIATIONS FOR CONSTRUCTION OF POTRERO PARK FITNESS AND NATURE TRAIL IMPROVEMENTS[funding source(s): Operating Transfer from the General Fund from the cancelation of remaining appropriations in Capital Project 1008954, East County Trails Acquisition] (4 votes)COUNTY OF SAN DIEGO TRACT NO. 5139-2, REVERSION TO ACREAGE (SUNROAD TECH CENTRE TENTATIVE MAP) FINAL MAP NO. 15517, OTAY PLANNING GROUP AREA(RelATES TO SANITATION AGENDA NO. 1)CLOSED SESSION (CARRYOVER FROM 3/12/13 AGENDA NO. 8)PUBLIC COMMUNICATION1.SUBJECT:NOTICED PUBLIC HEARING:RANCHO CANADA MOBILE HOME PARK EXPANSION, REZONE, MAJOR USE PERMIT AND BOUNDARY ADJUSTMENT; LAKESIDE COMMUNITY PLAN AREA (DISTRICT: 2)OVERVIEW:Application Date: March 12, 2008The project includes a boundary adjustment, a rezone and a major use permit to expand the existing Rancho Canada Mobile Home project from 70 units to 79 units and to upgrade various park amenities. The purpose of the boundary adjustment is to expand the mobilehome park lot by 2.4 acres in order to accommodate the nine additional units. The 2.4 acres would be rezoned from a Single Family Residential Use (RS) zone to a Residential Mobile Home Use (RMH) zone. Finally, the proposed major use permit would govern the Rancho Canada Mobile Home Park. The major use permit would allow nine additional mobilehome spaces, a new 7,900 square-foot recreational facility, new fencing, drainage improvements and 46 additional parking spaces. County staff has issued a conditional approval for the boundary adjustment, which would only become effective if the rezone and major use permit are granted. The project site is located at 8557 Rancho Canada Road, just south of Interstate 8 in the unincorporated community of Lakeside (2008 Thomas Guide Page 1232, E7). The existing mobilehome park is not governed by a major use permit because it has been in operation since 1969, before the County’s Zoning Ordinance required major use permits for mobilehome park facilities. Approval of the proposed project would bring the Rancho Canada Mobile Home Park into compliance with current regulations. Fiscal impact:N/ABusiness impact statement:N/Arecommendation:PLANNING COMMISSIONThe Planning Commission voted to recommend the following to the Board of Supervisors:Adopt the Environmental Findings included in Attachment F.Adopt the Ordinance titled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE LAKESIDE COMMUNITY PLAN AREA, REF: R08-003 (Attachment B).Grant Major Use Permit 08-015 and impose the requirements and conditions set forth in the Major Use Permit Form of Decision (Attachment C).DEPARTMENT OF PLANNING AND DEVELOPMENT SERVICESPlanning & Development Services (PDS) concurs with the recommendation of the Planning Commission.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board closed the Hearing and took action as recommended, on Consent, adopting Ordinance No. 10254 (N.S.), entitled: AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY IN THE LAKESIDE COMMUNITY PLAN AREA, REF: R08-003.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn2.SUBJECT:ADVERTISE, AWARD CONTRACT AND ESTABLISH APPROPRIATIONS FOR CONSTRUCTION OF VALLEY CENTER ROAD SAFETY IMPROVEMENTS (DISTRICT: 5)OVERVIEW:The Valley Center Road Safety Improvement project is located in the community of Valley Center along Valley Center Road, between the City of Escondido and North Lake Wolford Road (57th Edition Thomas Guide, Page 1090, E1-E5 & F1-J2). The proposed project constructs vehicle speed feedback signs, a new median, crosswalk enhancements, and associated safety lighting. The improvements will benefit the community by enhancing motor vehicle and pedestrian safety, access and walkability in this heavily traveled mixed-use residential and commercial area.On September 15, 2010 (6), the Board approved an agreement with San Pasqual Band of Mission Indians and San Pasqual Casino Development Group (SPCDG) that sets forth the commitments of the San Pasqual Band and SPCDG to mitigate off-reservation impacts associated with casino expansion. This project will be funded with a grant from the San Pasqual Band and SPCDG, which was provided to the community of Valley Center for capacity and safety improvements to Valley Center Road between the City of Escondido and North Lake Wolford Road. This is a request to establish appropriations and approve advertisement and subsequent contract award to the lowest responsible bidder to construct the Valley Center Road Safety Improvements project. Upon Board approval, the Director, Department of Purchasing and Contracting will advertise and subsequently award a contract for construction, which is scheduled to begin in May 2013 and be completed by July 2013. If approved, construction project costs will be $180,000, including contingency. Fiscal impact:Funds for this request are not included in the Fiscal Year 2012-13 Operational Plan in the Department of Public Works, Detailed Work Program. If approved, construction project costs will be $180,000, including contingency. The funding source is unanticipated revenue from the San Pasqual Band of Mission Indians and San Pasqual Casino Development Group. There will be no change in net General Fund cost and no additional staff years.Business impact statement:County construction contracts are competitively bid and help stimulate the local economy.recommendation:CHIEF ADMINISTRATIVE OFFICERFind that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15301 of the state CEQA Guidelines.Establish appropriations of $180,000 in the Department of Public Works Detailed Work Program for construction of Valley Center Road Safety Improvements based on unanticipated revenue from the San Pasqual Band of Mission Indians and the San Pasqual Casino Development Group. (4 VOTES)Authorize the Director, Department of Purchasing and Contracting, to take any action necessary to advertise and award a contract and to take other 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 County Officer responsible for administering the construction contract, in accordance with Board Policy F-41, Public Works Construction Projects.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn3.SUBJECT:DEPARTMENT OF PARKS AND RECREATION - APPROVAL OF LEASE AMENDMENT WITH VERIZON WIRELESS AT SAN DIEGUITO PARK (DISTRICT: 5)OVERVIEW:The 125-acre San Dieguito Park, located in Del Mar, provides a variety of recreational activities to the public (Thomas Guide page 1167, J-6). On July 26, 2002, the County executed a ten-year lease agreement with Verizon Wireless LLC (Verizon) allowing Verizon to operate a cellular facility within San Dieguito Park. Since the expiration of the lease on July, 26 2012, Verizon has been on a month-to-month tenancy. This request is to approve a lease amendment to extend the term of the lease for an additional 10 years and provide Verizon one 10-year extension option. The initial base monthly rent under the lease would be $2,500 a month, which was determined by an independent appraisal to be fair market value. This rental rate would be subject to annual fixed three percent increases and would be renegotiated if Verizon exercises its option to extend. The lease is consistent with the Department of Parks and Recreation’s Business Plan vision, and, if approved, would provide revenue to help offset and reduce the Department of Parks and Recreation’s operations and maintenance expenses.Today’s request is to authorize the Director, Department of General Services to execute a lease amendment with Verizon and to take any other actions necessary to administer the lease and exercise any extension options. Fiscal impact:Funds for this request are partially included in the Fiscal Year 2012-13 Operational Plan for the Department of Parks and Recreation. If approved, this request will result in $1,369 of unanticipated revenue for Fiscal Year 2012-13, $30,900 total revenue for Fiscal Year 2013-14 and annual increases of three percent in succeeding years, in accordance with the lease agreement. The funding source will be rent revenue received under the terms of the proposed lease amendment. There will be no change in net General Fund costs and no additional staff years.Business impact statement:N/Arecommendation:CHIEF ADMINISTRATIVE OFFICERFind, in accordance with Section 15301 of California Environmental Quality Act (CEQA) Guidelines, that the proposed lease amendment is categorically exempt from CEQA review as it involves leasing and minor alteration of existing facilities involving negligible or no expansion of existing use.Approve and authorize the Director, Department of General Services, subject to the approval of the Director, Department of Parks and Recreation, to execute two copies of the lease amendment with Verizon Wireless LLC and take any other actions necessary to administer the lease and facilitate any extension options. (4 VOTES)ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn4.SUBJECT:ADVERTISE, AWARD A CONTRACT AND ESTABLISH APPROPRIATIONS FOR CONSTRUCTION OF COUNTYWIDE ASPHALT CONCRETE OVERLAY FISCAL YEAR 2012-2013 (DISTRICTS:1, 2, AND 5)OVERVIEW:The Department of Public Works maintains nearly 2,000 miles of roads in unincorporated San Diego County. County road crews inspect all County-maintained roads and prioritize them for preventive maintenance. Through visual inspection and scientific methods, staff determines which roads require repair and resurfacing. Resurfacing provides road users with structurally sound travel ways and protects roads from deterioration and costly future repairs.This is a request to establish appropriations, approve advertisement and award a contract to the lowest responsive responsible bidder for asphalt concrete overlay on County maintained roads. If approved, construction is scheduled to begin in Spring 2013 and be completed by Winter 2014.Fiscal impact:Funds for this request are not included in the Fiscal Year 2012-13 Operational Plan for the Department of Public Works Detailed Work Program. If approved, construction costs for Countywide Asphalt Concrete Overlay would be $5,059,700. The funding source is Road Fund fund balance available. There will be no change in net General Fund cost and no additional staff years.Business impact statement:County public works contracts are competitively bid and help stimulate the local economy.recommendation:CHIEF ADMINISTRATIVE OFFICERFind that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15301 of the state CEQA Guidelines.Establish appropriations of $5,059,700 in the Department of Public Works Detailed Work Program for Asphalt Concrete Overlay based on Road Fund fund balance available. (4 VOTES)Authorize the Director, Department of Purchasing and Contracting, to take any action necessary to advertise and award a construction contract and to take other 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 Projects.ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn5.SUBJECT:TRAFFIC ADVISORY COMMITTEE RECOMMENDATIONS (3/13/2013 - Adopt Recommendations; 3/20/13 - Second reading of Ordinance) (DISTRICTS: 2 & 5)OVERVIEW:The Traffic Advisory Committee meets every six weeks to review proposed additions, deletions or changes to regulatory traffic controls. Six items were on the Committee's December 14, 2012 meeting agenda. The Committee recommends your action on five items. Item 5-B was removed prior to the meeting to allow additional review of operational measures that could improve existing operating conditions along Sandia Creek Road.Your action on Item 5-A would revise the County Code of Regulatory Ordinances and requires two steps. On March 13, 2013, the Board will consider the Traffic Advisory Committee items. If the Board takes action on March 13, 2013, then on March 20, 2013, a second reading of an Ordinance adding Section 72.161.25.4. to the San Diego County Code of Regulatory Ordinances would be necessary to implement the Board’s direction (Item 5-A). Fiscal impact:Funds for this proposal are included in the Department of Public Works Road Fund Fiscal Year 2012-13 Operational Plan. If approved, there will be no change in net General Fund cost and no additional staff years.Business impact statement:N/Arecommendation:TRAFFIC ADVISORY COMMITTEEDistrict 22-A. Canta Lomas/Pence Drive and Liberatore Lane (57th Edition Thomas Guide Page 1152, D-7) El Cajon -- Do not establish an all-way stop control. 2-B. Julian Avenue, seven locations between Prospect Avenue and Petite Lane (57th Edition Thomas Guide Page 1232, A-4) Lakeside -- Establish the following parking prohibitions: north side from Prospect Avenue to Channel Road,south side from Prospect Avenue easterly 200 feet,south side from Channel Road easterly 70 feet, south side from a point 250 feet east of Channel Road easterly 85 feet,north side from Caraway Street westerly 100 feet,south side from Caraway Street westerly 190 feet, andsouth side from Caraway Street easterly 80 feet.2-C. Potrero Valley Road from State Route 94 northerly to Potrero Park Road (57th Edition Thomas Guide Page D) Potrero -- Direct the existing 40 MPH speed limit be recertified for continued radar speed enforcement.2-D. Pepper Drive between Pepper Valley Lane and Sunburst Drive (57th Edition Thomas Guide Page 1252, A-2) El Cajon -- Establish a “No Stopping from 7-8 AM and 1:30-2:30 PM on School Days” zone.District 55-A. Miller Road from Valley Center Road northerly to Cole Grade Road (57th Edition Thomas Guide Page 1090, E-1) Valley Center -- Establish a 45 MPH speed limit and direct certification for radar speed enforcement. CHIEF ADMINISTRATIVE OFFICEROn March 13, 2013:Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) as specified under Section 15301 of the state CEQA Guidelines.Adopt the Traffic Advisory Committee’s recommendations.Adopt the following resolutions:RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 300 RELATING TO THE ESTABLISHMENT OF LOADING ZONES IN THE COUNTY OF SAN DIEGO (Item 2-D). RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO (Items 2-B and Item 2-D). Approve the introduction, read title and waive further reading of the following Ordinance: AN ORDINANCE ADDING SECTION 72.161.25.4 TO THE SAN DIEGO COUNTY CODE RELATING TO TRAFFIC REGULATIONS IN THE COUNTY OF SAN DIEGO (Item 5-A).If, on March 13, 2013, the Board takes action as recommended in Chief Administrative Officer’s Recommendation 4 above, then, on March 20, 2013:Consider and adopt the Ordinance adding Section 72.161.25.4 (Item 5-A) to the County Code of Regulatory Ordinances (second reading).5.1 ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent, with the exception of Traffic Advisory Committee Recommendations 2-B and 2-C, adopting the following resolutions:Item 2-D, Resolution No. 13-019 entitled: RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 300 RELATING TO THE ESTABLISHMENT OF LOADING ZONES IN THE COUNTY OF SAN DIEGO; and Item 2-D, Resolution No. 13-020 (as it applies to Recommendation 2-D) entitled: RESOLUTION AMENDING TRAFFIC RESOLUTION NO. 301 RELATING TO THE ESTABLISHMENT OF NO STANDING OR PARKING ZONES IN THE COUNTY OF SAN DIEGO; and introducing the Ordinance for further Board consideration and adoption on March 20, 2013.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn5.2 ACTIONON MOTION of Supervisor Jacob, seconded by Supervisor Horn, the Board referred Recommendation 2-B to the Chief Administrative Officer to work with the resident, Robert Speake, and others in the area.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn5.3 ACTIONON MOTION of Supervisor Jacob, seconded by Supervisor D. Roberts, the Board took action as recommended on Recommendation 2-C and directed the Chief Administrative Officer to look at the timing of the blinking traffic lights to correspond with the opening and closing times of the school and to contact the Sheriff’s Department and the California Highway Patrol for concentrated traffic enforcement in the area.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn6.SUBJECT:DEPARTMENT OF PARKS AND RECREATION - APPROVAL OF LEASE AGREEMENT WITH THE MOUNTAIN EMPIRE HISTORICAL SOCIETY FOR THE CAMPO STONE STORE (DISTRICT: 2)OVERVIEW:The Campo Stone Store is a State Registered Historical Landmark located on County-owned park property in the unincorporated community of Campo (Thomas Guide page 1298, A-7). The property was deeded to the County by the federal government in 1942. On March 9, 1993 (14), the Board approved a twenty-year lease with the Mountain Empire Historical Society to operate and maintain the store as a public museum and research library. A new five-year lease with three five-year extension options at a proposed rental rate of $500 annually has been negotiated with the Mountain Empire Historical Society to continue their operations within this County property. Today’s request is to authorize the Director, Department of General Services to execute the new lease with Mountain Empire Historical Society and take any other actions necessary to administer the lease, including the exercise of any extension options. The Board is also requested to waive Board Policy F-51 related to leasing of County-owned property at market rate, as the County will avoid operational and routine maintenance costs for the facility.Fiscal impact:Funds for this request are not included in the Fiscal Year 2012-13 Operational Plan for the Department of Parks and Recreation. If approved, this request will result in unanticipated lease revenue of $500 in Fiscal Year 2012-13 and $500 in annual revenue in Fiscal Year 2013-14. There will be no change in net General Fund cost and no additional staff years.The lessee will be responsible for operating expenses and interior building maintenance costs associated with the property.Business impact statement:N/Arecommendation:CHIEF ADMINISTRATIVE OFFICERFind that the proposed lease is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15301. Waive the provisions of Board Policy F-51, County Real Property Asset Management.Approve and authorize the Director, Department of General Services, subject to the approval of the Director, Department of Parks and Recreation, to execute the lease with Mountain Empire Historical Society and take any other actions necessary to administer the lease and exercise any extension options. (4 VOTES)ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn7.SUBJECT:ADVERTISE AND AWARD CONTRACT AND ESTABLISH APPROPRIATIONS FOR CONSTRUCTION OF POTRERO PARK FITNESS AND NATURE TRAIL IMPROVEMENTS (DISTRICT: 2)OVERVIEW:Potrero Regional Park is a 132-acre park located in the unincorporated community of Potrero (Thomas Guide page 1296, E-7). The park features camping, picnic areas, ballfields, pavilions, playgrounds, and hiking along a 0.4 mile nature trail. The Potrero Park Fitness and Nature Trail Improvements Project will offer the community additional park amenities and recreational opportunities. The improvements include the addition of a new American with Disabilities Act (ADA) accessible trail with outdoor fitness stations linking 0.25 miles of trail to the existing 0.4 mile nature trail that will receive surface improvements, and interpretive signage explaining plant, animal and Kumeyaay Native American features such as a simulated grinding stone and pottery used to prepare food.This is a request to establish appropriations of $179,847.70 in Capital Project 1018129, Potrero Park Fitness and Nature Trail Improvements and authorize the Director, Department of Purchasing and Contracting to advertise and award a construction contract estimated at $140,000, including contingency. Remaining project funds of $39,847.70 will be used for related project costs including design, inspection services, construction management and project administration. If approved, project construction is scheduled to begin summer 2013 and projected to be completed by spring 2014. Fiscal impact:Funds for this request are not included in the Fiscal Year 2012-13 Operational Plan for the Capital Outlay Fund. If approved, this request will result in costs and revenue of $179,847.70 for Capital Project 1018129, Potrero Park Fitness and Nature Trail Improvements. The funding source is an Operating Transfer from the General Fund from the cancelation of remaining appropriations in Capital Project 1008954, East County Trails Acquisition. Construction costs are estimated at $140,000, including contingency. The remaining $39,847.70 will be used for design, inspection services, construction management and project administration. Upon project completion, annual operations and maintenance of improvements will be provided by existing Department of Parks and Recreation staff. There will be no change in current year net General Fund cost and no additional staff years.Business impact statement:N/Arecommendation:CHIEF ADMINISTRATIVE OFFICERFind that the Potrero Park Fitness and Nature Trail Improvements Project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15303 and 15304.Cancel appropriations of $179,847.70 and relating Operating Transfer from General Fund in the Capital Outlay Fund for Capital Project 1008954, East County Trails Acquisition, to provide funding for Potrero Park Fitness and Nature Trail Improvements.Establish appropriations of $179,847.70 in the Capital Outlay Fund for Capital Project, 1018129, Potrero Park Fitness and Nature Trail Improvements based on an Operating Transfer from the General Fund. (4 VOTES)Authorize the Director, Department of Purchasing and Contracting, to advertise and award a construction contract and take any other action authorized by Section 401 et seq. of Administrative Code with respect to contracting for the construction of the Potrero Park Fitness and Nature Trail Improvements Project. ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn8.SUBJECT:COUNTY OF SAN DIEGO TRACT NO. 5139-2, REVERSION TO ACREAGE (SUNROAD TECH CENTRE TENTATIVE MAP) FINAL MAP NO. 15517, OTAY PLANNING GROUP AREA (DISTRICT: 1)OVERVIEW:This is a request by the owner of a final map to revert previously subdivided property back to acreage (also known as a reversion to acreage) so that the owner can release the lien contract and move forward with another final map that encompasses the same property.As originally proposed, TM 5139-2 (Map 15517) is a subdivision consisting of 16 commercial lots, and a total of 54 acres. It was part of TM 5139RPL6R, which was approved by the Planning Commission on April 11, 2003 and is known as Sunroad Tech Centre. The project is located in the East Otay Mesa area, on the northeast corner of Sunroad Boulevard and Otay Mesa Road (2009 Thomas Guide page 1352, A-1). The footprint for TM 5139RPL6R is the same as that proposed by TM 5538, which was approved at the Planning Commission on March 9, 2012. Condition No. 1 of the Resolution of Approval for TM 5538 (Attachment B) requires release of the existing lien contract for TM 5139-2 (Final Map No. 15517). This requirement would be accomplished by reverting to acreage Final Map No. 15517 which would then allow the release of the lien contract.This project is being brought before the Board of Supervisors and the Board of Directors for the San Diego County Sanitation District to make the findings required by Section 66499.16 of the Subdivision Map Act and to take other action necessary to revert to acreage County of San Diego Tract No. 5139-2, Final Map No. 15517.Fiscal impact:N/ABusiness impact statement:N/Arecommendation:CHIEF ADMINISTRATIVE OFFICERActing as the Board of Supervisors:Adopt the findings required by Government Code Section 66499.16 as set forth in Attachment D.Approve the Final Map reverting Tentative Map 5139-2, Final Map No. 15517, to acreage subject to the retention of all previously paid fees and deposits.Authorize the Director of Planning & Development Services to take such additional action, including without limitation the negotiation, execution and recordation of lien releases, memorandum of agreement and other documents, as may be necessary to complete the reversion of Tentative Map 5139-2, Final Map No. 15517, to acreage.Approve and authorize the Clerk of the Board of Supervisors to execute Termination of Joint Improvement Agreement (Onsite CG4678) and release of Faithful Performance Bond (Bond No. 0422489) and Labor & Material Bond (Bond No. 0422489) (Attachment E).Approve and authorize the Clerk of the Board of Supervisors to execute Termination of Improvement Agreement (Offsite CG4658) and release of Faithful Performance Bond (Bond No. 0422490) and Labor & Material Bond (Bond No. 0422490) (Attachment F).Acting as the Board of Directors of the San Diego County Sanitation District:Authorize the Director of Planning & Development Services to take such additional action, including without limitation the negotiation, execution and recordation of lien releases, memorandum of agreement and other documents, as may be necessary to effectuate the reversion of Tentative Map 5139-2, Final Map No. 15517, to acreage by the County of san Diego.Approve and authorize the Clerk of the Board of Directors of the San Diego County Sanitation District to execute Termination of Joint Improvement Agreement (Onsite CG4678) and release of Faithful Performance Bond (Bond No. 0422489) and Labor & Material Bond (Bond No. 0422489) (Attachment E).(Relates To Sanitation Agenda No. 1)ACTION:ON MOTION of Supervisor R. Roberts, seconded by Supervisor D. Roberts, the Board took action as recommended, on Consent.AYES: Cox, Jacob, D. Roberts, R. Roberts, Horn9.SUBJECT:CLOSED SESSION (CARRYOVER FROM 3/12/13 AGENDA NO. 8) (DISTRICTS: ALL)OVERVIEW:CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Paragraph 1 of Subdivision (d) of Government Code section 54956.9)Fred Moss v. County of San Diego, et al; United States District Court, Southern Division, No. 11-CV-0723CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Paragraph 1 of Subdivision (d) of Government Code section 54956.9)Julian Community Services District v. County of San Diego, et al.; San Diego County Superior Court No. 37-2012-00066398-CU-OR-ECCONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATIONSignificant exposure to litigation pursuant to paragraph 2 of subdivision (d) of Government Code section 54956.9: (Number of Potential Cases – 1)CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATIONInitiation of litigation pursuant to paragraph 4 of subdivision (d) of Government Code section 54956.9: (Number of Cases – 1)CONFERENCE WITH REAL PROPERTY NEGOTIATORS(Government Code section 54956.8)Property: Portion of Parcel 2 of Parcel Map 20177 located west of Riverview Parkway and north of Transit Way, Santee, CANegotiating Parties:County:April HeinzeOther:Ryan Companies US, Inc.Under Negotiation:Price and TermsCONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATIONInitiation of litigation pursuant to paragraph 4 of subdivision (d) of Government Code section 54956.9: (Number of Cases – 1)CONFERENCE WITH LABOR NEGOTIATORS(Government Code section 54957.6)Designated Representatives: Don Turko, Jeannine SeherEmployee Organizations: AllACTION:No reportable matters.10.SUBJECT:PUBLIC COMMUNICATION (DISTRICTS: ALL)OVERVIEW:Thell Fowler spoke to the Board regarding Emery Road.ACTION:Heard, referred to the Chief Administrative Officer.There being no further business, the Board adjourned at 9:24 a.m.THOMAS J. PASTUSZKAClerk of the Board of SupervisorsCounty of San Diego, State of CaliforniaConsent: MillerDiscussion: PanfilNOTE: 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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