AGENDA SAN DIEGUITO RIVER VALLEY REGIONAL OPEN SPACE … · Strawberry Stand Wetland Learning...

AGENDA SAN DIEGUITO RIVER VALLEY REGIONAL OPEN SPACE PARK

JOINT POWERS AUTHORITY

9:30 a.m. – 12:00 p.m. Friday, March 16, 2007

County Administrative Center 1600 Pacific Highway, Room 302/303

San Diego Speaker slips will be available. Please fill out a slip and give it to the Chair prior to the meeting if you wish to speak to an item on the agenda. The Board may take action on any item listed on the Consent or Action agenda. Introductions and Announcements. Approval of the Minutes of January 19, 2007 Executive Directors Report

Public Comment

This portion of the agenda provides an opportunity for members of the public to address the Board on items of interest within the jurisdiction of the Board and not appearing on today's agenda. Comments relating to items on today's agenda are to be taken at the time the item is heard. Pursuant to the Brown Act, no action shall be taken by the Board on public comment items.

CONSENT

1. Receive and Distribute Audit Report for Year Ending June 30, 2006 (pg 3)

2. Resolution Applying for Community Enhancement Program Grant Funds (pg53)

ACTION

3. Election of New Board Chair and Vice-Chair (pg 56)

4. Resolution Thanking Board Member Ed Gallo for His Service (pg 57)

5. Rancho Guejito (pge 58)

6. Rancho Santa Fe Polo Club (pg 65)

7. Lake Hodges Bicycle/Pedestrian Bridge Lease (pg 72)

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INFORMATION

8. Status Reports (Oral)

a. Via de la Valle/El Camino Real Road Task Force

b. Sikes Adobe Historic Farmstead

c. Del Dios Gorge Trail

d. Wetland Restoration Project/Coastal Trail

9. Jurisdictional Status Reports

An opportunity for the Board members to report on actions taken within their jurisdictions to further the park planning process, or on problems which have arisen.

10. Communications

THE NEXT REGULAR JPA MEETING IS SCHEDULED FOR FRIDAY, APRIL 20, 2007. If you have any questions, please call Dick Bobertz at (858) 674-2270. ****Due to the high cost of printing and mailing the JPA and CAC agendas, the JPA has converted to an email distribution of both agendas. Please advise the office at 858 674-2270 if you do not have an e-mail address and want other arrangements will be made. Full packets will continue to be mailed free of charge to JPA and CAC members upon request. For others, the cost of the full agenda, with backup material, is $45 per year, and the cost of the agenda without backup material is $10 per year. The agenda and minutes are available at no cost on the San Dieguito River Park web site at www.sdrp.org.

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AUDIT REPORT FOR YEAR ENDING JUNE 30, 2006

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Agenda Item 2 March 16, 2007

TO: JPA Board FROM: Staff SUBJECT: County Community Enhancement Program Grant RECOMMENDATION: Adopt the attached draft resolution approving the filing of an application for County of San Diego Community Enhancement Program funding for the County’s 2007-08 Fiscal Year. A. Background The purpose of the County’s Community Enhancement Program funding is to encourage organizations and activities that promote and generate tourism and/or economic development within San Diego County. Funding for the Community Enhancement Program is from the County General Fund based on revenue projections forwarded to the Board as part of the proposed Program Budget. Currently funded are cultural activities, museums, visitor and convention bureaus, economic development councils, and other similar institutions/organizations, including County programs and projects, which promote tourism and/or economic development within San Diego County. The majority of the available funding is allocated among the five supervisorial districts. The San Dieguito River Park has received funding from this program, primarily from Supervisor Slater-Price, numerous times in the past. This funding has been used in several ways, to support the Trail Run & Hike and to provide materials and supervision to Scouts (boys and girls) and members of other youth organizations to construct projects (i.e., kiosks, signs and benches) to be located in the San Dieguito River Park as public amenities. In past years, funds from this program were used to prepare and print the Lake Hodges Bird Brochure, repair interpretive signage, prepare interpretive signs for the Strawberry Stand Wetland Learning Center, prepare teacher guides for the Ruth Merrill Children’s Interpretive Walk, and build scout and kiosk projects along the Mule Hill/San Pasqual Valley Trail. In FY 05/06, funds were used to partially restore the adobe creamery at the Sikes Adobe Historic Farmstead. Last year’s funds were used to research and fabricate interpretive signage to be installed along the Del Dios Gorge Trail. B. Summary and Recommendation The application deadline for Fiscal Year 0-08 was March 1, 2007. Your staff submitted an application requesting $10,000. This year’s funding request is to complete the restoration of the adobe creamery at the Sikes Adobe Historic Farmstead. The work completed with the previous grant enabled staff to build the footings and purchase most of the necessary supplies (roofing materials, concrete blocks, etc.) The new grant would be used to hire a construction supervisor to oversee volunteer labor, complete the material purchase, hire a professional roofing company

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to install the roof and pay for City inspection fees. Any funds left over would be used to purchase historically authentic furnishings for the farmhouse. As the restoration of the farmhouse and its grounds come closer to completion, the site will increasingly serve as tourist attraction in the County, and an increasing number of visitors will come to the site to learn about its history. Staff recommends adoption of the attached draft resolution approving the filing of an application for County of San Diego Community Enhancement Program funding for the County’s 2007-08 Fiscal Year. CAC RECOMMENDATION: This item has not been reviewed by the CAC. FINANCIAL IMPACT TO JPA: This item would have a positive financial impact to the JPA. ALTERNATIVES: 1. Adopt the attached draft resolution approving the filing of an application for County of San Diego Community Enhancement Program funding for the County’s 2007-08 Fiscal Year. 2. Direct staff to revise the application. RECOMMENDATION: Adopt the attached draft resolution approving the filing of an application for County of San Diego Community Enhancement Program funding for the County’s 2007-08 Fiscal Year. Respectfully submitted, Susan A. Carter Deputy Director Attachments: Draft Resolution

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ATTACHMENT 1

RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF

THE SAN DIEGUITO RIVER VALLEY REGIONAL OPEN SPACE PARK JOINT POWERS AUTHORITY

WHEREAS, the San Dieguito River Valley Regional Open Space Park Joint Powers Authority is a legally constituted public/governmental entity, under the laws of the State of California, and is in complete control of its affairs through its own officers and members, NOW THEREFORE, BE IT RESOLVED, that the Board of Directors of the San Dieguito River Valley Regional Open Space Park Joint Powers Authority hereby approves the filing of an application for the County of San Diego Community Enhancement Program funding for the County’s 2007/08 Fiscal Year. Adopted on the 16th day of March, 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Dianne Jacob, Chair

ATTEST: Dick Bobertz, Executive Director

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TO: JPA Board FROM: Staff SUBJECT: Election of New Board Officers At your December meeting, your Board elected Ed Gallo as Chair and Dianne Jacob as Vice-Chair. However, at the January meeting, Chair Gallo announced that he would be stepping down from the JPA Board because he had been elected Chair of the North County Transit District, and his commitments there would not allow him to continue on the JPA. If Vice-Chair Jacob assumes the Chair position, this creates a vacancy for Vice-Chair. Board member Dave Roberts has volunteered to serve as Vice-Chair. Board member Pryde, on behalf of the Nominating Committee, researched the records and determined that in the normal rotation it would be Solana Beach’s turn to be Vice-Chair. Therefore it is the Nominating Committee’s recommendation that your Board elect Dianne Jacob as Chair and Dave Roberts as Vice-Chair. Respectfully submitted, Dick Bobertz Executive Director

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RESOLUTION No. R07-02

RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN DIEGUITO RIVER PARK JOINT POWERS AUTHORITY HONORING DEPARTING BOARD MEMBER ED GALLO

WHEREAS, Ed Gallo has served as a Board member of the San Dieguito River Park Joint Powers Authority since 2003; and WHEREAS, Ed has also devoted many years of public service as a City of Escondido City Council member, volunteer on numerous community boards, commissions, committees and associations; always working toward making Government more efficient and responsive to citizens; and WHEREAS, Ed has freely given of his energy and support to the San Dieguito River Park and contributed especially his ready sense of humor to maintain a collegial atmosphere among his fellow Board members and inspired many others by his example; and WHEREAS, Ed is a dependable advocate of conservation of open space in general and has been a consistent source of new perspectives on issues and creative suggestions to fund park operations. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the San Dieguito River Park Joint Powers Authority that they take great pride in commending Ed Gallo for his service to the River Park and wish him well as he seeks new endeavors and invites him to continue working as a citizen volunteer to make our common dream a reality. THE FOREGOING RESOLUTION, NUMBER R07-02, PASSED AND ADOPTED THIS 16TH DAY OF MARCH 2007 BY THE FOLLOWING VOTE: AYES: NOES: ABSENT: ABSTAIN: Dianne Jacob, Chair ATTEST: Dick Bobertz, Executive Director

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TO: JPA FROM: Staff SUBJECT: Addition of Rancho Guejito to FPA RECOMMENDATION: Discuss, but continue action until a representative of the property owner is available to attend. SITUATION: The 21,400-acre Rancho Guejito is the only remaining intact Mexican land grant in Southern California. The ranch has been privately owned, and in 1974 was purchased by the Rodney Company, a real estate development company owned by Benjiman Coates who died in 2006. Rancho Guejito is located just north of Boden Canyon bordered by the Cleveland National Forest on the east (Attachment 1). The majority of Rancho Guejito lies within the San Dieguito River watershed and is largely undisturbed in its original natural setting and context. In 1974, the California Dept of Parks and Recreation studied the feasibility of acquiring Rancho Guejito for a state park. The conclusion was that the property should be acquired, but it was not purchased. Rancho Guejito is contiguous to but not within the San Dieguito River Park Focused Planning Area (FPA). The property attributes are many and important from a regional ecological perspective:

• Cultural value is extremely high as it one time supported large populations of different Indian groups representing a geographical and cultural bridge between coastal and mountain settlement patterns.

• Its cultural and natural resources are largely undisturbed and function as an ecological

linkage between coastal and mountain habitats and is part of a core landscape unit supporting several threatened and engendered species and large expanses of grassland that provides habitat for at least 16 different raptor species.

• Engelmann oak woodlands on the property represent approximately 20% of the total

acreage of Engelmann oak woodlands in the U.S.

• High quality watersheds crucial to the long-term viability of existing watershed protection in San Pasqual Valley.

• Rancho Guejito contains Guejito Creek, a major tributary to the San Dieguito River.

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• Rancho Guejito represents a large proportion of the northern habitat block which extends from the Santa Ysabel Valley to the eastern edge of Valley Center, and includes existing conservation areas in the San Pasqual Valley, Boden Canyon, Santa Ysabel Ranch West, Hellhole Canyon and National Forest lands surrounding Pamo Valley.

The Coates family has stated in the past their wish that the ranch be preserved as open space for future generations. Recently, however, several statements and actions from the property owner and their representatives have contradicted long-term preservation. Most recently, they proposed that the property (which is in unincorporated County jurisdiction) be annexed to the City of Escondido for future development as a medical school campus. Several conservation groups and elected public officials have expressed alarm at the owner’s recent intentions and have spoken on record as opposing development of the ranch. As part of the public support for preservation of Rancho Guejito the San Dieguito River Valley Conservancy Board of Directors passed a resolution in January 2007 stating, (1) the ranch should be purchased for preservation, (2) ask that the JPA Board take immediate action to add Rancho Guejito to the Focused Planning Area, and (3) that the ranch become part of the San Dieguito River Park after purchase. As a result of this action by the Conservancy, your Board referred this issue to the CAC for recommendation and directed staff to docket it for the next JPA Board meeting. The CAC discussed Rancho Guejito, and whether it should be added to the San Dieguito River Park FPA, at their March 2nd meeting. The owners’ representative, Mr. Henry Rupp, was present, and engaged in discussion with the CAC. He explained that the owner is looking at various options for development; under current zoning of 1 unit per 40 acres, they could develop 540 homes. He confirmed they are considering a private university medical/research center, as mentioned in one of the recent newspaper accounts. They do not have any formal development plans at this time, but they are doing studies to look into their options. He said they recognized that they would be responsible for significant infrastructure costs and would pay the lion’s share of roadway access improvements and would need to comply with all federal and state environmental regulations, however, he said there was no willingness on the part of the owner to sell for open space at this time. He said that as part of the development process, a substantial amount of the property would have to be set aside and would allow public access, whereas now there is no public access allowed. The CAC discussed what it means to be in the Focused Planning Area. The “Private Property Rights Protection Policy” (Attachment 2) addresses the meaning of the FPA. The purpose of the FPA is for park planning purposes only as the San Dieguito River Park JPA does not have land use authority and does not condemn private property. The original FPA was the viewshed of the San Dieguito River Valley, that is, what could be seen from the valley floor, as well as the major tributary creeks. However, it has been amended three times over the years, the first to add the entire Rutherford Ranch holding at Volcan Mountain, the second to add Boden Canyon, and the third to add the portion of Bernardo Mountain that was on the north side of the mountain, after the property had been acquired. CAC Chair Pryde explained to Mr. Rupp that including Rancho Guejito in the FPA would give the CAC/JPA jurisdiction to comment on its development. Mr.

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Rupp was given a copy of the San Dieguito River Park Concept Plan and he requested time to read it and respond prior to the CAC’s next meeting as to whether the owners agree to be included in the FPA. He said that he would be out of town and unable to attend the JPA’s March 16 meeting. The CAC voted 10 in favor and 11 opposed to continuing action on the Rancho Guejito item to a future meeting. Many members felt that this item had been heavily covered in the media and that there was some momentum and need to bring it forward to the JPA Board for action. The final vote was 12 in favor and 9 opposed to recommending Rancho Guejito be included in the San Dieguito River Park Focused Planning Area. The CAC did not address the other elements of the San Dieguito River Valley Conservancy’s motion, that Rancho Guejito should be purchased for preservation and added to the San Dieguito River Park. As noted above, Rancho Guejito is not for sale at this time. RECOMMENDATION: Discuss, but continue action until a representative of the property owner is available to attend. Respectfully submitted, Dick Bobertz Executive Director

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Private Property Rights Protection Notice

Adopted by San Dieguito River Park Joint Powers Authority Board of Directors.

May 19, 1995

STATEMENT OF PRINCIPLE: The San Dieguito River Valley Regional Open Space Park Joint Powers Authority, a government agency without land use authority, respects private property rights and has pledged not to infringe upon those rights to implement its goals and objectives. To ensure that private property rights are respected, the JPA has adopted the following specific guidelines for private property rights protection:

Eminent Domain: The JPA has never condemned property. The JPA will never recommend nor participate in a hostile condemnation. By law, when it acquires property the JPA must compensate property owners for the fair market value of their property. It is the desire of the JPA to retain 'friendly' condemnation for tax purposes, an important benefit to property owners desiring to sell their property.

Acquisition of Property: The JPA may not acquire property without the approval of the member agency within whose jurisdiction the property lies (page 4 of Joint Powers Agreement). When property is offered for sale to the JPA, that approval shall be made by a majority of the governing body of that jurisdiction. By law, the JPA must pay full fair market value as determined by a certified appraiser or as required by state law, unless the property owner offers the land at a below market price for tax purposes.

Focused Planning Area: The JPA is not an agency with land use authority and cannot regulate or impose restrictions on private property owners in the focused planning area of the San Dieguito River Park. The focused planning area for the San Dieguito River Park is a regional park planning boundary. Both private and public land is included within the focused planning area. Some of the private land may be acquired for the park in the future from willing property owners if the land is needed for park purposes.

Design Standards: The JPA has adopted design and development standards which apply ONLY to park-initiated projects on public land (page 100 of Concept Plan). The JPA cannot adopt design and development standards which are binding on private property owners. The adopted Concept Plan includes in an appendix a compilation of possible guidelines developed by other agencies which are not part of the

Page 1 of 3SDRP Private Property Protection Notice

2/23/2007http://www.sdrp.org/private.htm

ATTACHMENT 262

Plan. These types of guidelines could only be adopted and implemented by the member agencies which have land use authority. The County of San Diego has not adopted design standards for the unincorporated area within the FPA.

Project Review: The JPA has the right only of advisory review and comment on private development proposals. The JPA cannot limit private property owners rights. The JPA is authorized to review and comment on private development proposals submitted to its member agencies which are within or have an impact on the San Dieguito River Park (pg 4 of Joint Powers Agreement). Such review and comment is advisory in nature only, similar to any planning group or private individuals exercising free speech. Decisions regarding land use, including zoning, discretionary and ministerial permits and other regulations are made by the JPA's member agencies, which have complete land use authority. The JPA will review and comment only on discretionary projects such as subdivision or use permits. The JPA will not review and comment on ministerial projects, remodels, single family home building permits, or other uses permitted by right such as agricultural uses.

Trails: Trail planning and implementation of park improvements will be focused on publicly owned land located west of Lake Sutherland. The Coast to Crest Trail will not be implemented on privately owned land without the property owner's consent; however, if the property owner seeks a discretionary permit (such as a major subdivision) to develop his/her property, the County or City may utilize its right to require a trail as a condition of approval. Trail alignments will be developed in cooperation with landowners and leaseholders in order to minimize impacts to existing uses, such as farming, cattle ranching and private residences (pg 37 of Concept Plan). When determining where a specific trail should be located, consideration shall be given to surrounding uses, both existing and planned for the area, in an adopted land use plan (pg 37 of Concept Plan). In order to minimize impacts to adjoining properties and uses, trails shall be adequately separated from existing uses through setbacks, significant elevational separation, and/or fencing (pg 37 of Concept Plan). Signage shall be provided along the trail to inform users to stay on the trail and respect adjoining private property (pg 37 of Concept Plan). The JPA will establish a volunteer patrol program supervised by a park ranger to ensure that park regulations are observed (pg 37 of Concept Plan). When a private property owner seeks a discretionary permit to develop his or her property, the JPA will work with member agency staff and the property owner to identify appropriate trail alignments and to support trail dedications ONLY when a land use agency under its own policies would normally require a trail dedication (such as a major subdivision) (pg 37 of Concept Plan). Segments of the Coast to Crest Trail may have to extend outside of the San Dieguito River Park focused planning area because of topographical constraints or to avoid property owner conflicts. Due to topographic, sensitive resource or other constraints, the bike path portion of the Coast to Crest Trail may in some places have to be located along existing streets (pg 36 of Concept Plan).

Farming and Ranching: The JPA strongly supports the continued use of private property for farming and ranching purposes. The adopted Concept Plan encourages agriculture as the predominant use in the San Pasqual Valley and continued ranching in the Santa Ysabel Valley (pages 63 and 73 of the Concept Plan). The JPA has not and will not



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interfere with a property owner's rights or ability to farm. However, there is nothing in the Concept Plan or in the powers of the JPA that would require a property owner to farm or ranch his property, if the underlying zoning of the land use agency permits other uses. The JPA will not put a trail across active grazing land.

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TO: JPA Board FROM: Staff SUBJECT: Rancho Santa Fe Polo Club RECOMMENDATION: Authorize the Chair to send a letter to the Rancho Santa Fe Polo Club inviting them to meet with the JPA Board to discuss objectives of both organizations and to explore ways to work together. SITUATION: Summary and Recommendation – The Rancho Santa Fe Polo Club has been processing a Site Development Permit(SDP) with the City of San Diego since last June. The SDP was required by the city to cure a grading violation resulting from a fifty-foot wide unpermitted equestrian practice track established by the Polo Club along the San Dieguito River that, if continued, would exclude the Coast to Crest Trail. The JPA Board provided a letter of comment on October 24, 2006 (Attachment 1). On February 7, 2007 the City notified the Polo Club that it has failed to provide information about restoring the public use trail that is required. A recent River Park staff contact with the Polo Club planner indicates that they do not believe the public trail use requirement is a valid issue under the SDP. Staff recommends that the Board invite the Polo Club Director to meet with the JPA Board to discuss objectives of both organizations and to explore ways to work together. ALTERNATIVES:

1. Extend invitation to the Polo Club to meet with full JPA Board. 2. Extend invitation to the Polo Club to meet with the JPA Land Use Committee (Finnell,

Slater-Price, Rexford and Peters) 3. Do nothing and wait for conclusion of City of San Diego Development Review process.

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RECOMMENDATION: Authorize the Chair to send a letter to the Rancho Santa Fe Polo Club inviting them to meet with the JPA Board to discuss objectives of both organizations and to explore ways to work together. Respectfully Submitted, Dick Bobertz Executive Director Attachments:

1. 10/24/06 letter from JPA Board to City Project Manager 2. Draft letter extending invitation to Rancho Santa Fe Polo Club

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October 24, 2006 William Tripp Development Project Manager City of San Diego 1222 First Avenue San Diego, CA 92101

SUBJECT: Rancho Santa Fe Polo Field SDP, Project #97347 Dear Mr. Tripp: The San Dieguito River Park JPA Board considered the Polo Field project at their October 20, 2006 meeting. The lease is on City-owned land that has been set aside as open space per the Fairbanks Country Club Specific Plan (1981). Located in the San Dieguito River Park Focused Planning Area (FPA), this property is a critical component of the open space preserve, which also includes a segment of the 55-mile Coast to Crest Trail along the north side of the river. We are concerned that Polo Club operations represent several violations to their lease as well as to the plans that govern this area including the Specific Plan and the San Dieguito River Park Concept Plan. Polo Club activities have improperly prevented public use of an important segment of the Coast to Crest Trail. The Coast to Crest Trail is a multi-use regional trail planned from the beach in Del Mar to Volcan Mountain. Over 26 miles currently exist and another 5 miles is under construction. The segment from Jimmy Durante to Horsepark will be completed by 2008, and a vital segment of the trail exists on the Polo Club leased property. The trail is included in the Fairbanks Specific Plan, the San Dieguito River Park Concept Plan (adopted by the City in June 2006), the County Trails Plan, and the Statewide trails plan. For the reasons described below, we urge the City to consider the following comments:

1. The Specific Plan for Fairbanks Country Club (1981) recreation section states, “The undeveloped floodplain area north of the flood channel will include a trail system that will meander from the western to the northern boundaries of the property. This trail can be utilized by equestrians, bicyclists, and pedestrians to enjoy the pleasures of the natural habitat.” (page 35, Recreation). This trail, which existed and was in use prior to

ATTACHMENT 167

Mr. Tripp Page 2

the Polo Fields lease, has been converted without permit by the RSF Polo Club to a horse exercise track. The RSF Polo Club now proposes legitimizing that track through a SDP application, inconsistent with the Specific Plan.

2. San Diego City Policy 700-14 states that it is the City Policy to “. . . manage its properties to ensure that permitted uses and activities are compatible with the Council-adopted plans and policies for the San Dieguito Regional Park, subject to proper environmental review.” The policy has 15 subsections, the 11th covers trails. That subsection requires public access for hiking, bicycle and equestrian trails, installation of trail fences and adequate trail maintenance on leased premises. Besides the Fairbanks Specific Plan, the City Council recently adopted the San Dieguito River Park Concept Plan, which shows the Coast to Crest Trail alignment along the north side of the river.

3. When the Polo Club lease was considered by the City in 1986, a 15- to 20-foot public trail existed along the north bank of the river. The 3/12/86 City Manager’s report included a CEQA Negative Declaration and Initial Study that noted, “The southern boundary of the lease area is located approximately 15 to 20 feet from the top of the San Dieguito River Bank, and therefore would not preclude continued use of the existing pedestrian/equestrian path located immediately adjacent to the flood channel.” (Initial Study EQD No.85-0785, page 2). The use of the trail area for a horse exercise track has and, if not stopped, would continue to preclude use of the existing trail by the public. The “horse exercise track” should be restored back to the public trail intended by the City Council.

4. An addendum to the Polo lease was approved on 8/25/86, which stipulated, “that the Public Trail (indicated in red on the site plan attached hereto as Exhibit “A” and incorporated herein by reference) shall remain open to the public at all times.” The site plan clearly shows the 15-20 foot trail along the top of the riverbank in red. The Polo Club’s conversion of the trail for its own uses violates the lease addendum. Continued exclusion of the public from the trail area by permit would be contrary to City Council adopted plans.

5. The Polo Club subsequently dug up the public trail area and converted it to a horse exercise track, keeping it disced to a depth of 6 to 8 inches making it useless and dangerous for hiking or bicycling. That operation

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Mr. Tripp Page 3

resulted in the 6/9/05 grading violation against the Polo Club, which led to filing of the SDP.

6. The recent survey of the lease boundary is irrelevant to the public trail issue because the survey did not incorporate the lease addendum, which expressly set aside the public trail zone. The survey is based upon the metes and bounds legal description attached to the original Polo Club lease approved by the City on March 17, 1986 (Res. No. 265268). The survey line along the river is erratic in shape, does not follow the river or fence line, and in fact cuts into the middle of the river in places. The survey line also excludes the trail at the western end of the leasehold, but does not follow any logical path. Irrespective of the unreliability of the survey, the legal description it relied upon was not the proper point of reference. The proper reference for the trail location is the addendum to the Polo Fields lease that was approved on August 20, 1986. The addendum expressly set aside the area north of the river as a public trail that must be open to the public at all times.

7. The Polo Club SDP application proposes to place gravel bags along the riverbank for erosion control and to continue discing and use of the area for a horse exercise track. It does not include any proposal to replace the public trail that was removed. This is a violation of the lease and Specific Plan.

8. The Polo Club has pushed their operations further into the riverbank through grading, which has caused environmental damage, habitat removal and sedimentation along the river, within Environmentally Sensitive lands and adjacent to the MHPA. The Hearing Officer Findings documents these violations, but the SDP application does not address how these violations will be remedied. The project should include removing the illegal fill, removing exotic plants from the river, and restoring the wetland buffer and river to its original condition.

9. Finally, a full evaluation of the applicant’s compliance with the City lease including holding various events on the property should be conducted. For example, according to the Polo Club lease, the “LESSEE shall not allow any activity on the premises which would involve large assemblages of people or automobiles” and “failure to continuously use the premises for said purposes, or the use thereof for purposes not expressly authorized herein, shall be grounds for termination by CITY.” There is a documented history of events on the site that have generated large amounts of traffic and large assemblages of people.

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Mr. Tripp Page 4

The public trail segment along the south side of the Polo Fields leasehold is an important link in the Coast to Crest Trail that will be used intensely by the public. The Polo Club has improperly excluded the public from this trail segment in violation of its lease. It is essential that any permit approval for the Polo Fields correct this violation by including conditions that require restoration of the public trail. Therefore we hope that these Polo Club issues receive careful scrutiny. Thank you for providing the JPA the opportunity to comment and we look forward to further dialogue regarding this project. Sincerely, Ed Gallo JPA Board Vice-Chair Cc: Jim Waring, Mayor’s office William Anderson, Planning Dept. Marcella Escobar-Eck, DSD Bernie Turgeon, Planning Dept. Kristi Johnson, Real Estate Assets Dept. Frisco White, Carmel Valley Planning Board Rick Thompson, Trails Manager

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March 16, 2007 Mr. Chris Collins, Director Rancho Santa Fe Polo Club 720 Camino de la Reina, Suite 316 San Diego, CA 92108 Dear Mr. Collins, The San Dieguito River Park extends an invitation to you and your representatives to meet for the purpose of discussing the objectives of both organizations and to explore options for working together. The River Park Board meets the third Friday of each month and would be pleased to sit down with you in a workshop format to try to find ways to solve the public trail issue that would be mutually beneficial. If you think this approach would be helpful, please contact our Executive Director, Dick Bobertz who will facilitate the meeting. Sincerely, Dianne Jacob, Chair San Dieguito River Park

ATTACHMENT 2

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TO: JPA Board FROM: Staff SUBJECT: Lake Hodges Bicycle Pedestrian Bridge Lease RECOMMENDATION: Authorize the Executive Director to enter into a lease with the City of San Diego for the Lake Hodges Bicycle Pedestrian Bridge. SITUATION: At your meeting of April 21, 2006, your Board directed staff to execute a lease with the City of San Diego for the Lake Hodges Bicycle/Pedestrian Bridge provided that several unresolved issues relating to insurance and adjustments to how the annual administrative fee is determined were worked out to staff’s satisfaction. These issues were satisfactorily resolved. However, the City subsequently raised concerns about the JPA’s ability to fund and maintain the bridge, and added new language to address those concerns. In addition, the Department of Health Services, which is issuing a permit amendment to the City Water Department for the City Lakes program that includes the Lake Hodges Bike Ped Bridge, required certain items. Because of these recent changes, staff seeks the JPA Board’s approval of the revised draft lease. Below are the highlights of the proposed lease:

• The lease is structured such the JPA is not required to pay rent, but is required to pay an annual administrative fee. The fee is $2,849.25 per year, adjusted annually in accordance with the CPI index. (This is a change at your Board’s request; previously the lease contained an automatic 5% annual increase clause.)

• The lease requires that the JPA be responsible for cleaning the bridge on a regular basis,

particularly with respect to dog waste and emptying trash receptacles.

• The lease requires that the JPA install a portable toilet near the north abutment of the bridge, and have it serviced twice weekly. The toilet is a requirement of the Department of Health Services.

• The lease states that hours of operation, including lighting, shall be consistent with the

Domestic Water Supply Permit, Exhibit B, which states that hours of operation will be everyday from 6:00 a.m. to 9:00 p.m. This is consistent with the City Council action approving the Site Development Permit for the Bridge. The JPA must ensure that gates restricting access to the bridge are shut and locked during the hours that the bridge is not in operation.

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• To address the City’s concerns about future maintenance, the following language was added in consultation with the JPA’s attorney:

“CITY right to Endowment Proceeds in the event of LESSEE dissolution. LESSEE established an endowment with the San Diego Community Foundation (Foundation) in 1997 for the purpose of providing a permanent source of funding for River Park operations and programs (Endowment). Endowment principal is retained by the Foundation, and distributions of income can only be made to support the programs and operations of LESSEE. The primary source of funding for the Endowment is annual contributions by member agencies, including contributions by CITY. Endowment principal is approximately $636.000 at this time, and is increased approximately $100,000 per year. CITY’s contributions to the Endowment make up approximately 36% of the principal. LESSEE agrees that in the event LESSEE ceases to exist, CITY would be entitled to receive a share of Endowment distributions proportionate to the contributions it made to the principal. CITY distributions could be used to fund maintenance and operation of the pedestrian bridge allowed by this LEASE and/or fund other LESSEE programs or operations assumed by the CITY.”

• The JPA will also need to document that it has obtained full funding for the project prior to beginning construction on City property.

Executive Director Bobertz has met with City staff, and been assured that the lease will be expeditiously moved forward to City Council for approval so as not to delay the project. At the time the agenda was mailed out, we had not received the final version of the lease to include in the agenda. As soon as it is received it will be distributed or provided at the March 16 meeting. FISCAL IMPACT Approval of the lease obligates the JPA to an administrative fee of $2,849 per year, adjusted according to the CPI index annually. Costs are also associated with the required portable toilet (approximately $77 per month), providing regular maintenance and cleaning of the bridge, and opening and closing the gates. CAC RECOMMENDATION This item has not been reviewed by the CAC. ENVIRONMENTAL REVIEW None required for the lease. ALTERNATIVES

1. Authorize the Executive Director to execute the lease. 2. Do not authorize the Executive Director to execute the lease and give staff other direction.

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RECOMMENDATION: Authorize the Executive Director to enter into a lease with the City of San Diego for the Lake Hodges Bicycle Pedestrian Bridge. Respectfully submitted, Dick Bobertz Executive Director

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