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County of San Diego Board of Supervisors Regular

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County of San Diego Board of Supervisors Regular COUNTY OF SAN DIEGO BOARD OF SUPERVISORS REGULAR MEETING MEETING AGENDA WEDNESDAY, DECEMBER 12, 2018, 9:00 AM BOARD OF SUPERVISORS NORTH CHAMBER 1600 PACIFIC HIGHWAY, SAN DIEGO, CALIFORNIA Order of Business A. Roll Call B. Presentation or Announcement of Proclamations and Awards C. Closed Session Report D. Public Communication: Opportunity for members of the public to speak to the Board on any subject matter within the Board’s jurisdiction but not an item on today’s agenda. E. Approval of the Statement of Proceedings/Minutes for the meeting of November 14, 2018. F. Formation of Consent Calendar G. Discussion Items NOTICE: 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. Supporting documentation and attachments for items listed on this agenda can be viewed online at http://www.sdcounty.ca.gov/cob/bosa/ or in the Office of the Clerk of the Board of Supervisors at the County Administration Center, 1600 Pacific Highway, Room 402, San Diego, CA 92101. Board of Supervisors' Agenda Items Agenda # Subject 1. APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO, THE SAN PASQUAL BAND OF MISSION INDIANS, THE SAN PASQUAL CASINO DEVELOPMENT GROUP, AND THE SAN PASQUAL ECONOMIC DEVELOPMENT CORPORATION REGARDING A VALLEY VIEW CASINO EXPANSION AND FUEL STATION AND CONVENIENCE STORE DEVELOPMENT [FUNDING SOURCE: ROAD FUND FUND BALANCE] 2. SUNSET REVIEW OF ARTICLE XL OF THE ADMINISTRATIVE CODE REGARDING THE SAN DIEGO COUNTY PALOMAR AIRPORT ADVISORY COMMITTEE Wednesday, December 12, 2018 1 3. ADVERTISE AND AWARD CONSTRUCTION CONTRACTS FOR COUNTYWIDE ASPHALT CONCRETE OVERLAY AND SLURRY SEAL TREATMENTS FOR FISCAL YEAR 2018-19 [FUNDING SOURCES: SDG&E FRANCHISE FEES, AVAILABLE PRIOR YEAR ROAD FUND FUND BALANCE, AND ROAD MAINTENANCE AND REHABILITATION ACCOUNT ESTABLISHED BY SENATE BILL 1] 4. TRAFFIC ADVISORY COMMITTEE (12/12/18 - ADOPT RECOMMENDATIONS; 01/09/19 - SECOND READING OF AN ORDINANCE) 5. SUPPORTING FOOD DONATION EFFORTS AND FOOD SAFETY IN THE REGION (4 VOTES) 6. ANNEXATION OF AN UNINCORPORATED COUNTY ISLAND TO THE CITY OF CHULA VISTA 7. AUTHORIZATION TO ESTABLISH APPROPRIATIONS AND ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR DON DUSSAULT PARK PHASE II IMPROVEMENTS [FUNDING SOURCE: FISCAL YEAR 2018-19 COMMUNITY DEVELOPMENT BLOCK GRANT] (4 VOTES) 8. SET A HEARING FOR 01/09/2019: HELLHOLE CANYON PRESERVE - ACQUISITION OF OPEN SPACE PRESERVE LAND, 251 ACRES (JP BIRDLAND, LLC AND PARADISE MOUNTAIN RANCH LLC) AND 320 ACRES (FRIENDS OF CHABAD LUBAVITCH SAN DIEGO) (12/12/2018 - SET HEARING; 1/9/2019 - HOLD HEARING) [FUNDING SOURCES: SIERRA VERDE ROAD PROPERTY: AVAILABLE PRIOR YEAR GENERAL FUND FUND BALANCE AND THE STATE OF CALIFORNIA HABITAT CONSERVATION FUND GRANT; HELL CREEK ROAD PROPERTY: AVAILABLE PRIOR YEAR FUND FUND BALANCE; ANNUAL COSTS: DEPARTMENT OF PARKS AND RECREATION GENERAL PURPOSE REVENUE] 9. ESTABLISH APPROPRIATIONS AND ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR JAMUL DRIVE AT LYONS VALLEY ROAD INTERSECTION IMPROVEMENTS PROJECT [FUNDING SOURCE: REVENUE FROM AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY AND THE JAMUL INDIAN VILLAGE] (4 VOTES) 10. ESTABLISH APPROPRIATIONS, ADVERTISE AND AWARD A CONSTRUCTION CONTRACT FOR SAN CARLOS STREET SEWER FORCE MAIN REPLACEMENT IN SPRING VALLEY [FUNDING SOURCE: AVAILABLE FUND BALANCE IN THE SAN DIEGO COUNTY SANITATION DISTRICT FUND] (4 VOTES) (RELATES TO SANITATION DISTRICT AGENDA NO. 1) Wednesday, December 12, 2018 2 11. SET A HEARING FOR 01/09/2019: LINCOLN ACRES - SET HEARING FOR ACQUISITION OF 0.74 ACRES FOR PARK EXPANSION (HAROLD AND LUCILLE DUNKIN BYPASS TRUST) 12. NOTICED PUBLIC HEARING: PEUTZ VALLEY PRESERVE - ACQUISITION OF APPROXIMATELY 254 ACRES OF OPEN SPACE PRESERVE LAND (HELIX LAND COMPANY) - 11/14/2018 SET HEARING; 12/12/2018 HOLD HEARING [FUNDING SOURCES: AVAILABLE PRIOR YEAR GENERAL FUND BALANCE AND A GRANT FROM THE STATE OF CALIFORNIA HABITAT CONSERVATION FUND, AND DEPARTMENT OF PARKS AND RECREATION GENERAL PURPOSE REVENUE] (4 VOTES) 13. NOTICED PUBLIC HEARING: LAKESIDE LINKAGE PRESERVE - ACQUISITION OF APPROXIMATELY 76 ACRES OF OPEN SPACE PRESERVE LAND (CENTEX HOMES) - 11/14/2018 SET HEARING; 12/12/2018 HOLD HEARING [FUNDING SOURCES: AVAILABLE PRIOR YEAR GENERAL FUND BALANCE AND DEPARTMENT OF PARKS AND RECREATION GENERAL PURPOSE REVENUE] 14. SECOND CONSIDERATION AND ADOPTION OF ORDINANCE: ADOPT A RESOLUTION ORDERING DISSOLUTION OF SAN DIEGO COUNTY PERMANENT ROAD DIVISION NO. 1000, ZONE NO. 100 - VIEJAS VIEW LANE IN ALPINE Wednesday, December 12, 2018 3 THIS PAGE IS INTENTIONALLY LEFT BLANK. 1. SUBJECT: APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO, THE SAN PASQUAL BAND OF MISSION INDIANS, THE SAN PASQUAL CASINO DEVELOPMENT GROUP, AND THE SAN PASQUAL ECONOMIC DEVELOPMENT CORPORATION REGARDING A VALLEY VIEW CASINO EXPANSION AND FUEL STATION AND CONVENIENCE STORE DEVELOPMENT (DISTRICT: 5) OVERVIEW This is a request to approve an Intergovernmental Agreement (Agreement) between the County of San Diego (County), the San Pasqual Band of Mission Indians (San Pasqual Band), the San Pasqual Casino Development Group, Inc. (SPCDG), and the San Pasqual Economic Development Corporation (SPEDC) that sets forth the commitments of the San Pasqual Band, SPCDG, and SPEDC to mitigate potential off-reservation impacts due to casino expansion, and to find that the proposed action is exempt from the California Environmental Quality Act (CEQA). On September 10, 1999, the San Pasqual Band and the State of California entered into a tribal-state gaming compact (Compact) to permit the San Pasqual Band to conduct Class III gaming activities on its trust lands. Class III gaming is casino style gaming where the player is wagering in a game of chance against the casino. Class III gaming is regulated under the Federal Indian Gaming Regulatory Act (IGRA) and is only allowed through a Compact, whereas Class I (ceremonial games) or Class II (where players are playing against each other, such as Bingo) are not regulated by IGRA or the Compact. In 2001, the San Pasqual Band developed the Valley View Casino (Casino), a Class III casino, on its tribal lands near the north end of North Lake Wohlford Road. The Casino was expanded in 2005 with a 56,360 sq. ft. addition, and again in 2010 with a 6,050 sq. ft. addition and construction of a seven-story hotel. In total, the San Pasqual Band contributed $6,420,000 to construct improvements to County maintained roads to mitigate impacts associated with the Casino, pursuant to three intergovernmental agreements with the County dated June 19, 2001 (1), May 11, 2005 (5), and September 13, 2010 (6). The San Pasqual Band is completing a new Casino expansion project consisting of 40,000 sq. ft. of additional gaming area and the renovation of the existing Casino to accommodate a 2,550 sq. ft. buffet expansion and a 1,130 sq. ft. players club. The expansion is being managed by the SPCDG. The San Pasqual Band is also proposing the development of a fuel station and convenience store. Planning & Development Services and the Department of Public Works staff have also completed a standard review of the fuel station and convenience store developments to address safety and environmental issues in the County’s right-of-way. The fuel station and convenience store developments are managed by the SPEDC. The San Pasqual Band issued a Draft Environmental Evaluation (EE) for the Valley View Casino Expansion in January 2018. The County and the public reviewed and commented on the Draft EE. The final EE for the Valley View Casino Expansion was approved by the San Pasqual Band on March 19, 2018. Wednesday, December 12, 2018 1 RECOMMENDATION(S) CHIEF ADMINISTRATIVE OFFICER 1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15061(b)(3) and 15378(b)(4) because this activity is the execution of an agreement between two governmental agencies and it is not a project under CEQA. 2. Approve and authorize the Clerk of the Board of Supervisors to execute two copies, upon receipt, of the Intergovernmental Agreement (Agreement) between the County of San Diego, the San Pasqual Band of Mission Indians, the San Pasqual Casino Development Group, Inc., and the Pasqual Economic Development Corporation for road improvement associated with the expansion of Valley View Casino and the development of a fuel station and convenience store. 3. Authorize the Director, Department of Public Works, the Director, Planning & Development Services, and/or the Chief Administrative Officer, to receive, file and execute any documents necessary to administer this Agreement. FISCAL IMPACT There is no fiscal impact associated with these recommendations. Ongoing maintenance costs for the improvements in the County’s road right-of-way is estimated at $952 annually ($20,000 over a 21-year maintenance cycle) beginning in Fiscal Year 2020-21 and will be included in future Operational Plans in the Department of Public Works. The funding source is Road Fund fund balance. There will be no change in net General Fund cost and no additional staff years. BUSINESS IMPACT STATEMENT N/A 2. SUBJECT: SUNSET REVIEW OF ARTICLE XL OF THE ADMINISTRATIVE CODE REGARDING THE SAN DIEGO COUNTY PALOMAR AIRPORT ADVISORY COMMITTEE (DISTRICT: 5) OVERVIEW McClellan-Palomar Airport (Palomar Airport) is owned and operated by the County of San Diego (County) and located in the City of Carlsbad. The airport provides general aviation, corporate and commercial services; serves as a gateway to resorts and tourist attractions; and is utilized by local businesses and residents. On January 5, 1988 (43), the Board of Supervisors (Board) added Article XL to the County Administrative Code to formalize the duties, responsibilities, membership and selection of the San Diego County Palomar Airport Advisory Committee (PAAC).
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