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— Three specific schools with proposals to locate in the educational area of Liberty Station are the subject of remaining grand-jury findings. They are Rock Academy, High Tech High and Middle Schools, and Explorer Elementary Charter School. Students of all three "will be exposed to single-noise events at harmful levels when they are in their school's outdoor areas," the grand jury finds. The original Liberty Station plan for its educational area was for community college and other adult education venues to use it, according to the jury.

Rock Academy and Church wants to renovate Building 94 of the old Naval Training Station complex. The school foresees teaching 2000 students from preschool to 12th grade. The High Tech High and Explorer Elementary Schools propose to share nearby Building 83.

One set of recordings of single noise events near Building 94 showed noise levels that averaged 90 to 95 decibels, according to the grand jury. Yet "the [San Diego] Planning Commission," it notes, "approved the permit for the Rock Academy because the use was consistent with the Precise Plan," despite the commission's having considered noise testimony. The city council signaled the go-ahead to High Tech High and Explorer Elementary to use Building 83 for K through 12 purposes. It did not receive the single-noise event information ahead of time, says the jury.

Under provisions of section 933(c) of the California Penal Code, the San Diego City Council has 90 days, or until July 21, to comment to the presiding judge of the superior court on the grand jury's report. The council must agree with each finding of the report or explain why it disagrees. In addition, according to the report, the council must tell the presiding judge how each of its recommendations has been implemented, how and when they will be implemented, why they need further analysis, or why they will not be implemented.

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