COUNTY OF SAN DIEGO BOARD OF SUPERVISORS



Statement of ProceedingsCOUNTY OF SAN DIEGO BOARD OF SUPERVISORSREGULAR MEETING - PLANNING AND LAND USE MATTERSWEDNESDAY, SEPTEMBER 12, 2012Board of Supervisors North Chamber1600 Pacific Highway, Room 310, San Diego, CaliforniaREGULAR SESSION – Regular Meeting was called to order at 9:01 a.m.Present: Supervisors Greg Cox, Vice Chairman; Dianne Jacob; Pam Slater-Price; Bill Horn; also David C. Hall, Assistant Clerk of the Board.Absent: Supervisor Ron Roberts, ChairmanApproval of Statement of Board of Supervisor’s Proceedings/Minutes for the Meeting of August 8, 2012.ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board of Supervisors approved the Statement of Proceedings/Minutes for the Meeting of August 8, 2012.AYES: Cox, Jacob, Slater-Price, HornABSENT: RobertsNOTICE: 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 Items1. MACROBUTTON NoMacro DESIGNATING THE COMMUNITY OF PAUMA VALLEY AS A COLONIA 2.* MacroButton NoMacro VERY LOW COMPLEXITY CATEGORY PROPERTY SPECIFIC REQUESTS GENERAL PLAN CLEAN-UP OPTION 3. MacroButton NoMacro BEAR VALLEY PARKWAY NORTH WIDENING PROJECT IN ESCONDIDO – ESTABLISH APPROPRIATIONS AND APPROVE REAL PROPERTY CONTRACT FOR PARCEL NUMBER 2008-0330-D (CUERO/LUGO) [FUNDING SOURCE(S): Road Fund fund balance as a result of Proposition 1B received in a prior year](4 VOTES)*Presentation4. MacroButton NoMacro ADOPT RESOLUTIONS TO APPLY FOR AND ACCEPT GRANT FUNDS FROM THE HABITAT CONSERVATION FUND 5. MacroButton NoMacro EXTENSION OF TIME TO COMPLETE IMPROVEMENTS FOR COUNTY OF SAN dIEGO TRACT NO. 4823-1 (FINAL mAP 14462), Located in FALLBROOK COMMUNITY PLANNING GROUP Area 6. MacroButton NoMacro ADOPT A RESOLUTION TO SUMMARILY VACATE A PORTION OF HILL AVENUE (ROAD SURVEY NO. 116) IN THE UNINCORPORATED AREA OF FALLBROOK (VACATION NO. 2012-0078) 7. MacroButton NoMacro ADOPT A RESOLUTION TO SUMMARILY VACATE A BICYCLE PATH EASEMENT ALONG SAN MIGUEL ROAD IN THE SWEETWATER AREA (VAC. NO. 2008-0079) 8. MacroButton NoMacro GILLESPIE FIELD – AMENDMENTS TO AVIATION LEASES WITH WAYNE E. BREISE AND SKY HARBOR HANGARS (4 VOTES)9. MacroButton NoMacro GILLESPIE FIELD – AMENDMENTS TO FOUR CUYAMACA WEST 2 INDUSTRIAL LEASES TO IMPLEMENT RENT ADJUSTMENTS (4 VOTES)10.CLOSED SESSION (CARRYOVER FROM 9/11/12, AGENDA NO. 20)11. PUBLIC COMMUNICATION1.SUBJECT: MACROBUTTON NoMacro DESIGNATING THE COMMUNITY OF PAUMA VALLEY AS A COLONIA (DISTRICT: 5)OVERVIEW: MACROBUTTON NoMacro The federal government has adopted a number of programs to provide grant and loan assistance to underserved communities. These programs frequently give priority to communities that have been designated by the state or county in which they are located as a colonia. Colonias are typically required to be located within 150 miles of the United States Mexico Boarder and lack adequate water, sewer, housing, road and drainage facilities. The communities must also have been in existence and underserved prior to the date the federal programs were established.The County Board of Supervisors in previous years has designated the communities of Jacumba, Tecate, Lake Morena and Canebrake as colonias to assist with essential and basic services, such as housing, water and sewer. Located in a remote and underserved area of North County, Pauma Valley has lacked adequate housing, sewer, and water facilities throughout its history. As such, Pauma Valley meets the criteria for designation as a colonia. The recommendation below requests that the Board of Supervisors adopt a resolution to designate the community of Pauma Valley as a colonia, in order to help the Pauma Valley Water Company establish eligibility for grants from the United States Department of Agriculture for infrastructure improvements. LISTNUM \l 1 \s 0 FISCAL IMPACT: MACROBUTTON NoMacro There is no fiscal impact related to this proposal. There will be no impact on the General Fund and no additional staff years required as a result of this action. LISTNUM \l 1 \s 0 BUSINESS IMPACT STATEMENT: MACROBUTTON NoMacro N/A LISTNUM \l 1 \s 0 RECOMMENDATION:SUPERVISOR HORNAdopt the resolution entitled: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO GRANTING PAUMA VALLEY COLONIA DESIGNATION. LISTNUM \l 1 \s 0 ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Jacob, the Board continued the item to October 31, 2012 at 9:00 a.m. and directed the Chief Administrative Officer to return to the Board with input from staff and from San Diego Local Agency Formation Commission (LAFCO).AYES: Cox, Jacob, Slater-Price, HornABSENT: Roberts2.SUBJECT: MacroButton NoMacro VERY LOW COMPLEXITY CATEGORY PROPERTY SPECIFIC REQUESTS GENERAL PLAN CLEAN-UP OPTION (DISTRICTS: ALL) OVERVIEW: MacroButton NoMacro On August 3, 2011 (1), the Board adopted the General Plan Update (GPU) and directed staff to establish a goal of bringing forward a General Plan Amendment (GPA) “Clean-up” every two years through regular monitoring and reporting on the General Plan. On June 27, 2012 (10), the Board directed staff to process an amendment to the adopted General Plan by conducting further review of 47 properties (referred to as Property Specific Requests (PSRs)). On July 25, 2012 (5), the Board further directed staff to return with a report on whether the Very Low Complexity Category Property Specific Requests could be processed as a part of the “Clean-up” process to avoid the longer processing time of the Property Specific Requests GPA that includes the Low, Medium, High and Very High Complexity PSRs. This report responds to Board direction provided at the July 25th hearing to determine which of the Very Low Complexity Category PSRs can be included in the next General Plan Clean-up. LISTNUM \l 1 \s 0 FISCAL IMPACT: MacroButton NoMacro There is no fiscal impact with staff’s recommendation. Funds to prepare the General Plan Clean-up are included in the Fiscal Year 2012-13 Operational Plan for the Department of Planning and Land Use. LISTNUM \l 1 \s 0 BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/A LISTNUM \l 1 \s 0 RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERReceive staff’s report for including the Very Low Complexity Property Specific Requests with the “Clean-up” GPA. Provide direction to staff to process NM16, RM15, SD2, and SV17, four of the twelve Very Low Requests shown in Attachment A, with the Clean-up process and the remaining eight with the GPA for the Low to Very High Complexity Property Specific Requests.ACTION:ON MOTION of Supervisor Slater-Price, seconded by Supervisor Jacob, the Board took action as recommended and directed the Chief Administrative Officer to continue processing Property Specific Request ME31 as part of the Property Specific Request General Plan Amendment and explore possible solutions that would achieve the rural commercial use through a zoning ordinance change that would not require a General Plan Amendment.AYES: Cox, Jacob, Slater-Price, HornABSENT: Roberts3.SUBJECT: MacroButton NoMacro BEAR VALLEY PARKWAY NORTH WIDENING PROJECT IN ESCONDIDO – ESTABLISH APPROPRIATIONS AND APPROVE REAL PROPERTY CONTRACT FOR PARCEL NUMBER 2008-0330-D (CUERO/LUGO) (DISTRICT: 3)OVERVIEW: MacroButton NoMacro The Bear Valley Parkway North Widening project will relieve traffic congestion by widening a one-mile segment of Bear Valley Parkway, between State Route 78 and Boyle Avenue in the unincorporated area of Escondido (2010 Thomas Guide, page 1130-D3, D4). Construction of the project requires acquisition of property rights from 50 properties within the project area. To date, 44 property owners have signed real property contracts agreeing to sell the required interests to the County. Of these, 16 were previously approved by your Board, and 28 contracts, which were for less than $150,000 each, were approved by the Director of General Services pursuant to Section 73 of the Administrative Code which authorizes such approvals. On August 8, 2012 (3), the Board adopted a Resolution of Necessity to authorize eminent domain to acquire the remaining unsigned parcels while negotiations with the property owners continue. Today, the Board is requested to approve a Real Property Contract for the full fee acquisition of Parcel No. 2008-0330-D (Cuero/Lugo) for the appraised value of $375,000. This property was included in the resolution. Acquisition of this parcel is subject to approval of a short sale by the sellers’ lender. Because the timing for lender approval of the short sale is uncertain and potentially lengthy, County Counsel will simultaneously file an eminent domain suit, as through the previously adopted resolution of necessity, to ensure that possession of the property can be secured to meet the project schedule. The Board is also requested to approve establishment of $20,000 in appropriations for costs of relocation, escrow and title fees associated with this acquisition.FISCAL IMPACT: MacroButton NoMacro Funding for this request is partially included in the Fiscal Year 2012-13 Operational Plan for the Department of Public Works, Detailed Work Program. If approved, this request will result in Fiscal Year 2012-13 costs of $ 395,000, which includes $375,000 for the acquisition of the property and $20,000 for costs of relocation, escrow and title fees. The funding source is Road Fund fund balance as a result of Proposition 1B received in a prior year. There will be no impact to the General Fund and no additional staff years.BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/ARECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERFind that the Final Environmental Impact Report (FEIR) and Errata thereof for the Bear Valley Parkway North Widening Project, dated April 2010, SCH No. 2009-021015, on file at the Department of Public Works, was prepared in compliance with California Environmental Quality Act (CEQA) and the CEQA Guidelines, and that the decision making body has reviewed and considered the information contained therein prior to approving the project; andFind that the currently proposed action is within the scope of the FEIR; that there are no changes in the project or in the circumstances under which it is to be undertaken that would result in significant environmental impacts beyond those considered in the certified FEIR, that there is no substantial increase in the severity of previously identified significant effects; and that no new information of substantial importance has become available since the FEIR was prepared.Establish appropriations of $20,000 in the Fiscal Year 2012-13 Operational Plan in the Department of Public Works, Detailed Work Program, for Bear Valley Parkway Widening Project right of way based on available Road Fund fund balance from Proposition 1 B received in a prior year. (4 VOTES)Approve and authorize the Director of the Department of General Services to execute two originals of the Real Property Contract for the purchase of the residential property at 1529 Bear Valley Parkway, Escondido, identified as Parcel No. 2008-0330-D, from Raul Lugo Cuero and Blanca E. Lugo for the appraised value of $375,000.Authorize the Director of the Department of General Services, or designee, to execute all escrow and related documents necessary to complete the purchase.ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent.AYES: Cox, Jacob, Slater-Price, HornABSENT: Roberts4.SUBJECT: MacroButton NoMacro ADOPT RESOLUTIONS TO APPLY FOR AND ACCEPT GRANT FUNDS FROM THE HABITAT CONSERVATION FUND (DISTRICTS: 1, 2, 5) OVERVIEW: MacroButton NoMacro Through the Habitat Conservation Fund the State of California provides grant funds to state and local governments to acquire or develop wildlife corridors and trails, and to provide for nature interpretation programs and other activities which bring urban residents into park and wildlife areas. As part of the grant application process, a project specific resolution from the governing body must be included in the grant application.This is a request to adopt resolutions authorizing the Department of Parks and Recreation (DPR) to apply for and accept up to $400,000 of HCF grants for park programs and land acquisitions. The proposed HCF grant funds will be used to fund: the Outdoor Adventure Programs at the Lakeside and Spring Valley Teen Centers, and the San Pasqual Academy; Non-Native Habitat Removal at Sweetwater Regional Park (Thomas Guide page, 1310-F4); and acquisition of 31 acres adjacent to the County’s Lusardi Creek Preserve (Thomas Guide page 1168, J-4). This request is also to authorize the Director, Department of Parks and Recreation to conduct all negotiations and to execute and submit all documents that may be necessary to apply and accept these grant proposals. The HCF grant is competitive and includes a dollar-for-dollar funding match requirement. If authorized and grant funds are awarded, DPR will return to the Board for authorization to appropriate any funds as necessary. LISTNUM \l 1 \s 0 FISCAL IMPACT: MacroButton NoMacro If approved, the Department of Parks and Recreation (DPR) will submit grant applications to the Habitat Conservation Fund (HCF) totaling $400,000 in grant funds for the Outdoor Adventure Programs at the Lakeside and Spring Valley Teen Centers, and the San Pasqual Academy ($100,000); Non-Native Habitat Removal at Sweetwater Regional Park ($100,000); and acquisition of land adjacent to the County’s Lusardi Creek Preserve ($200,000). The HCF grant is competitive; therefore, it is unknown if grant funding will be awarded or what the amount of the awards will be. The HCF grant program includes a dollar-for-dollar funding match requirement. If approved and grants are awarded, matching funds are proposed to be provided through in-kind services in the form of County staff or Outdoor Adventure partners ($150,000) for the Outdoor Adventure program; the General Fund ($100,000) for the Non-Native Habitat Removal at Sweetwater Park; and the Capital MSCP Acquisition Fund ($200,000) for the land acquisition at Lusardi Creek Preserve. If awarded, staff will return to the Board on a future date to appropriate the HCF grant funds and, if needed, any matching funds for these projects. No additional staff years will be required. LISTNUM \l 1 \s 0 BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/A LISTNUM \l 1 \s 0 RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERFind that the proposed land acquisition west of Lusardi Creek Preserve is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15325. Find that the proposed Outdoor Adventure Program is exempt from CEQA pursuant to CEQA Guidelines section 15322.Find that the proposed removal of invasive plants at Sweetwater Regional Park is exempt from CEQA pursuant to CEQA Guidelines section 15333.Waive Board Policy B-29, Fees, Grants, Revenue Contracts – Department Responsibility for Cost Recovery, which requires full cost recovery and funding sources that require a revenue match from the County General Fund be limited to the designated match level mandated as a condition of funding. Adopt the Resolution entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF COUNTY OF SAN DIEGO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR THE OUTDOOR ADVENTURE PROGRAM (LAKESIDE/SPRING VALLEY TEEN CENTERS AND SAN PASQUAL ACADEMY).Adopt the Resolution entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF COUNTY OF SAN DIEGO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR THE SWEETWATER RIVER REGIONAL PARK NON-NATIVE HABITAT REMOVAL PROJECT.Adopt the Resolution entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF COUNTY OF SAN DIEGO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR LAND ACQUISITION WEST OF LUSARDI CREEK PRESERVE.Authorize the Director, Department of Parks and Recreation, or designee, as agent of the County, to conduct all negotiations and submit all documents including, but not limited to, applications, contracts, payment requests and, if funds are awarded, to execute the grant agreements, including any extensions or amendments thereof that do not materially impact or alter the grant programs or funding levels. LISTNUM \l 1 \s 0 ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting the following:Resolution No. 12-145, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF COUNTY OF SAN DIEGO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR THE OUTDOOR ADVENTURE PROGRAM (LAKESIDE/SPRING VALLEY TEEN CENTERS AND SAN PASQUAL ACADEMY); Resolution No. 12-146, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF COUNTY OF SAN DIEGO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR THE SWEETWATER RIVER REGIONAL PARK NON-NATIVE HABITAT REMOVAL PROJECT; and Resolution No. 12-147, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS OF COUNTY OF SAN DIEGO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR LAND ACQUISITION WEST OF LUSARDI CREEK PRESERVE.AYES: Cox, Jacob, Slater-Price, HornABSENT: Roberts5.SUBJECT: MacroButton NoMacro EXTENSION OF TIME TO COMPLETE IMPROVEMENTS FOR COUNTY OF SAN dIEGO TRACT NO. 4823-1 (FINAL mAP 14462), Located in FALLBROOK COMMUNITY PLANNING GROUP Area (DISTRICT: 5)OVERVIEW: MacroButton NoMacro This project is a subdivision consisting of 19 single family residential lots on a total of 58.03 acres. It is located in the Fallbrook area, southerly of Live Oak Park Road and approximately 500 feet northeasterly of Ridge Creek Drive (57th Edition Thomas Guide Page 1028, C-2).This is a request to extend, for a period of two years, the performance completion date of the lien contract improvement agreement for County of San Diego Tract No. 4823-1 (Map 14462).The owners do not wish to construct the project at this time. A two-year extension will ensure responsibility for constructing needed infrastructure, such as streets, drainage and water facilities will remain with the owner, and allow them to retain development rights on this project.FISCAL IMPACT: MacroButton NoMacro N/ABUSINESS IMPACT STATEMENT: MacroButton NoMacro N/ARECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERGrant an extension of time to September 18, 2014, for the performance completion date of the lien contract improvement agreement for County of San Diego Tract 4823-1, Final Map 14462.ACTION:ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent.AYES: Cox, Jacob, Slater-Price, HornABSENT: Roberts6.SUBJECT: MacroButton NoMacro ADOPT A RESOLUTION TO SUMMARILY VACATE A PORTION OF HILL AVENUE (ROAD SURVEY NO. 116) IN THE UNINCORPORATED AREA OF FALLBROOK (VACATION NO. 2012-0078) (DISTRICT: 5)OVERVIEW: MacroButton NoMacro The Department of General Services, Real Estate Services Division is processing a request from Robert and Shirley Fender to summarily vacate a public service easement shown on Road Survey No. 116 that was adopted by the Board of Supervisors in 1897. The proposed vacation is located south of Hill Court and west of South Mission Road in the unincorporated community of Fallbrook (2010 Thomas Guide Page 1027, F5). A road was not built over the proposed vacation area since its adoption by the Board in 1897; nor has it been used by the public for road purposes. Pursuant to Streets and Highways Code section 8333(a), when a public service easement has not been used for the purpose for which it was dedicated for five consecutive years immediately preceding the vacation, it may be vacated. Today’s request is to adopt a resolution to summarily vacate a portion of Hill Avenue that has not been used for public road purposes. FISCAL IMPACT:The applicants have placed $2,500 on deposit with the County to process the proposed vacation. There will be no change in net General Fund cost and no additional staff years.BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/ARECOMMENDATION: MacroButton NoMacro CHIEF ADMINISTRATIVE OFFICERFind that the proposed vacation is exempt from California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15305. Adopt a Resolution entitled: Resolution of the Board of SUPERVISORS to Summarily Vacate a Portion of HILL AVENUE (Road Survey NO. 116) in the Unincorporated Area of FALLBROOK (Vacation No. 2012-0078).Direct the Clerk of the Board to record the Resolution for Vacation No. 2012-0078 pursuant to Streets and Highways Code section 8336.ACTION:Noting for the record that an Errata had been submitted revising the Resolution and that a letter had been submitted from the Department of General Services responding to issues raised by a constituent, ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Resolution No.12-148, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS TO SUMMARILY VACATE A PORTION OF HILL AVENUE (ROAD SURVEY NO. 116) IN THE UNINCORPORATED AREA OF FALLBROOK (VACATION NO. 2012-0078).AYES: Cox, Jacob, Slater-Price, HornABSENT: Roberts7.SUBJECT:ADOPT A RESOLUTION TO SUMMARILY VACATE A BICYCLE PATH EASEMENT ALONG SAN MIGUEL ROAD IN THE SWEETWATER AREA (VAC. NO. 2008-0079) (DISTRICT: 1)OVERVIEW:The Department of General Services, Real Estate Services Division, is processing a request from Mr. and Mrs. Raul Paredes to vacate a bicycle path easement on the north side of San Miguel Road at Amadita Lane (2010 Thomas Guide Page 1311, A1). The Paredes’ own a parcel adjoining the bicycle path and desire to improve and maintain the path after vacation. Today’s request is to adopt a resolution to summarily vacate the bicycle path due to realignment and relocation. When Map 8739 was approved in 1977, the bicycle path was required as a condition of approval for Tentative Tract Map 3442-1. Since that time, continuity of the bicycle path on the north side of San Miguel was abandoned and realigned to the south side of San Miguel Road. Improvements for the new San Miguel Road Bicycle Path were completed by the County on March 27, 2012. The old bicycle path is now an excess public service easement due to the relocation of the new bicycle path. Therefore, the old bicycle path may be vacated pursuant to Streets & Highways Code section 8330, et. seq. FISCAL IMPACT: MacroButton NoMacro The applicants have placed $3,500 on deposit with the County to process the proposed vacation. There will be no change in net General Fund cost and no additional staff years.BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/ARECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERFind that the proposed vacation is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305. Adopt a Resolution entitled: Resolution of the Board of Supervisors to Summarily Vacate a BICYCLE PATH EASEMENT ALONG SAN MIGUEL ROAD IN THE SWEETWATER AREA (Vacation No. 2008-0079).Direct the Clerk of the Board to record the Resolution for Vacation No. 2008-0079 pursuant to Streets and Highways Code section 8336.ACTION:Noting for the record that a letter had been submitted from the Department of General Services responding to issues raised by a constituent, ON MOTION of Supervisor Horn, seconded by Supervisor Slater-Price, the Board took action as recommended, on Consent, adopting Resolution No.12-149, entitled: RESOLUTION OF THE BOARD OF SUPERVISORS TO SUMMARILY VACATE A BICYCLE PATH EASEMENT ALONG SAN MIGUEL ROAD IN THE SWEETWATER AREA (VACATION NO. 2008-0079).AYES: Cox, Jacob, Slater-Price, HornABSENT: Roberts8.SUBJECT: MacroButton NoMacro GILLESPIE FIELD – AMENDMENTS TO AVIATION LEASES WITH WAYNE E. BREISE AND SKY HARBOR HANGARS (DISTRICT: 2) OVERVIEW: MacroButton NoMacro Gillespie Field is a 757-acre general aviation airport owned and operated by the County of San Diego and located within the municipal limits of the City of El Cajon and City of Santee (57th Edition Thomas Guide Page 1251-D1). On June 20, 2012 (15), the Board approved advertisement and awarding of a contract to construct an access road at Gillespie Field to separate aircraft and ground vehicles from each other to improve safety. During design it was determined two leaseholds need to be adjusted to accommodate the project. This is a request to approve the fourth amendment to Contract Number 71999R with Wayne E. Breise and the first amendment to Contract Number 503284 with Sky Harbor Hangars to reduce their premises by a small amount and reduce rent proportionately. These amendments would reduce the premises to provide space to construct the access road. FISCAL IMPACT: MacroButton NoMacro If approved, this request would result in a reduction of $2,152 in revenue to the County’s Airport Enterprise Fund in Fiscal Year 2012-13, reflecting nine months at the new rates. The reduced revenue source would be adjusted base monthly rent received under terms of the amended leases. There will be no change in net General Fund cost and no additional staff years.BUSINESS IMPACT STATEMENT: MacroButton NoMacro N/A LISTNUM \l 1 \s 0 RECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERFind, in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, that the proposed lease amendments are categorically exempt from CEQA review as they involve continuation of an existing use involving negligible or no expansion of use.Approve and authorize Clerk of the Board to execute, upon receipt, three copies of the Fourth Amendment to Aviation Lease with Wayne E. Breise (County Contract Number 71999R) to be effective October 1, 2012. (4 VOTES)Approve and authorize Clerk of the Board to execute, upon receipt, three copies of the First Amendment to Aviation Lease with Sky Harbor Hangars (County Contract Number 503284) to be effective October 1, 2012. (4 VOTES)ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took action as recommended.AYES: Cox, Jacob, Slater-Price, HornABSENT: Roberts 9.SUBJECT: MacroButton NoMacro GILLESPIE FIELD – AMENDMENTS TO FOUR CUYAMACA WEST 2 INDUSTRIAL LEASES TO IMPLEMENT RENT ADJUSTMENTS (DISTRICT: 2) OVERVIEW: MacroButton NoMacro Gillespie Field is a 757-acre general aviation airport owned and operated by the County of San Diego and located within the municipal limits of the City of El Cajon and City of Santee (57th Edition Thomas Guide, Page 1251, D-1). In addition to aviation-related facilities and infrastructure, Gillespie Field includes three industrial parks occupied by diverse industrial tenants. The County leases out land at these industrial parks to multiple businesses providing goods and services to the general public.County leases typically provide for periodic rental rate renegotiations. Four of the ground leases at Cuyamaca West Unit 2 Industrial Park are due for renegotiated rental adjustments on September 15, 2012. This is a request to approve amendments to four industrial leases, held by two operators Gillespie Partners Lot 15, LLC and Diversified Gillespie, LLC, at Cuyamaca West 2 Industrial Park to implement the newly negotiated rental adjustment. The lessees and County staff have come to an agreement and propose a 20% increase in the base rate. Except for minor administrative changes all other terms in the leases will remain unchanged. LISTNUM \l 1 \s 0 FISCAL IMPACT: MacroButton NoMacro Fund for this request are not included in the Fiscal Year 2012-13 Operational Plan. If approved, this request would result in a $38,066 increase in revenue to the County’s Airport Enterprise Fund in Fiscal Year 2012-13, reflecting nine months and 16 days at the new rates. The increased revenue source would be adjusted base monthly rent received under terms of the amended leases. There would be no change in net General Fund cost and no additional staff years. LISTNUM \l 1 \s 0 LISTNUM \l 1 \s 0 BUSINESS IMPACT STATEMENT:N/ARECOMMENDATION:CHIEF ADMINISTRATIVE OFFICERFind, in accordance with Section 15301 of the California Environmental Quality Act (CEQA) Guidelines, that the proposed lease amendments are categorically exempt from CEQA review as they consist of the leasing of existing facilities involving negligible or no expansion of existing use.Approve and authorize Clerk of the Board to execute, upon receipt, three copies of the Second Amendment to Industrial Ground Lease Agreement with Pacific Gillespie Partners Lot 15, LLC, County Contract No. 71990R. (4 VOTES)Approve and authorize Clerk of the Board to execute, upon receipt, three copies of the Second Amendment to Industrial Ground Lease Agreement with Pacific Gillespie Partners Lot 15, LLC, County Contract No. 71991R. (4 VOTES)Approve and authorize Clerk of the Board to execute, upon receipt, three copies of the First Amendment to Industrial Ground Lease Agreement with Diversified Gillespie 15-3, LLC, County Contract No. 71992R. (4 VOTES)Approve and authorize Clerk of the Board to execute, upon receipt, three copies of the First Amendment to Industrial Ground Lease Agreement with Diversified Gillespie 2, Ltd., County Contract No. 71993R. (4 VOTES)ACTION:ON MOTION of Supervisor Jacob, seconded by Supervisor Slater-Price, the Board took action as recommended.AYES: Cox, Jacob, Slater-Price, HornABSENT: Roberts10.SUBJECT:CLOSED SESSION (CARRYOVER FROM 9/11/12, AGENDA NO. 20) (DISTRICTS: ALL)OVERVIEW: MACROBUTTON NoMacro CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9) Deborah Hooper v. Deputy Sheriff Kirk Terrell, et al.; U.S. District Court, Southern District No. 07-CV-1647 JAHCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9Paul Hupp v. San Diego County District Attorney, et al.; U.S. District Court, Southern District No. 12-CV-00492-IEG (RBB) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9Hanna Shabo v. County of San Diego, et al.; San Diego County Superior Court No. 37-2012-00096917-CU-PO-CTLCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9Lauren Thorpe v. County of San Diego; San Diego County Superior Court No. 37-2011-00056159-CU-PO-NCCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9In Re Flinn Springs Owners Association, Inc.; US Bankruptcy Court Case No. 12-04090-LT11CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9Socorro Azar-Aziz v. County of San Diego; San Diego County Superior Court No. 37-2011-00093801-CU-OE-CTLCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION(Subdivision (a) of Government Code section 54956.9County of San Diego v. Gulf Insurance Company, et al.; San Diego County Superior Court No. 37-2011-00056145-CU-BC-NCCONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATIONSignificant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: (Number of Potential Cases – 1)CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATIONSan Diego County v. Bank of America, et al.; Los Angeles County Superior Court, No. SC099566; Consolidated Case No. (S.D.N.Y. No. 08-02516)CONFERENCE WITH LABOR NEGOTIATORS(Government Code section 54957.6)Designated Representatives: Don Turko, Jeannine SeherEmployee Organizations: AllACTION:In Closed Session on Tuesday, September 11, 2012, the Board of Supervisors took the following actions:Item 10i:? San Diego County v. Bank of America, et. al; a case involving municipal derivatives antitrust challenges; by vote of four members of the Board present and voting “Aye,” with District 4 absent, authorized settlement with one of the defendants (Wachovia Bank, N.A.) in the amount of $157,014.11, in return for release of all claims the County has against that defendant and successors, including Wells Fargo Bank in the litigation referenced.? 11.SUBJECT: MACROBUTTON NoMacro PUBLIC COMMUNICATION (DISTRICTS: ALL)OVERVIEW:Charles Mathews spoke to the Board regarding Department of Planning and Development Services policies. Patsy Fritz spoke to the Board regarding grants.Robert Germann spoke to the Board regarding Gillespie Field.ACTION:Heard, referred to the Chief Administrative Officer.There being no further business, the Board adjourned at 9:56 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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