discussion/action - san dieguito river · pdf fileexecutive director mckernan presented the...

SAN DIEGUITO RIVER PARK JOINT POWERS AUTHORITY

11:00 a.m. – 12:30 p.m. Friday, May 20, 2016

County Administration 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

Roll Call

Approval of the Minutes of April 15, 2016

Executive Director’s 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.

DISCUSSION/ACTION

1. Adoption of Initial Study/Mitigated Negative Declaration for Pamo Valley Segment ofthe Coast to Crest Trail

2. Adoption of Bylaws

3. Coastal Ranger Station Financing Discussion – Establishment of Ad Hoc Subcommittee

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(Page 4)

(Page 9)

(Page 46)

4.

INFORMATION

5. Project Status updates

a. Horsepark Trail Segment storm damage

6. Coordination Reports (oral)

a. San Dieguito River Valley Conservancyb. Friends of the San Dieguito River Valleyc. Volcan Mountain Preserve Foundationd. San Dieguito Lagoon Committee

7. 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.

8. Communications

THE NEXT REGULAR JPA MEETING WILL BE July 15, 2016

If you have any questions, please call Kevin McKernan at (858) 674-2270 Ext. 15 ****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 to be made. 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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Authorization of JPA to Become a Partner in the Encroachment Partnership Agreement with the U.S. Department of the Navy/REPI Program (Page 54)

http://www.sdrp.org/

JPA Meeting of May 20, 2016

ITEM:

SUBJECT: APPROVAL OF MINUTES OF APRIL 15, 2016

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SAN DIEGUITO RIVER PARK JOINT POWERS AUTHORITY

Minutes of April 15, 2016

MEMBERS PRESENT REPRESENTING

Dianne Jacob – Chair County of San Diego Don Mosier City of Del Mar Mark Kersey City of San Diego Dave Roberts County of San Diego Dave Zito City of Solana Beach Jeff Barnouw Citizens Advisory Committee Dustin Fuller 22 District Agricultural Association

MEMBERS ABSENT REPRESENTING

Dave Grosch – Vice Chair City of Poway Olga Diaz City of Escondido Sherri Lightner City of San Diego

VISITORS/STAFF PRESENT

Wayne Brechtel JPA Counsel Kevin McKernan San Dieguito River Park JPA Brenda Miller San Dieguito River Park JPA Kim Wehinger City of San Diego Public Utilities Trish Boaz San Dieguito River Valley Conservancy Jacqueline Winterer Friends of the San Dieguito River Valley Bill Michalsky Sierra Club Terry Kopanski San Dieguito Lagoon Committee Keith Corry Supervisor Roberts Staff Garrett Hager Councilman Kersey’s Staff Ed Greene Friends of the San Dieguito River Valley

Introduction and Announcements

Chair Jacob convened the meeting at 11:01a.m. in the County Administration Building, 1600 Pacific Highway, Room 302/303, San Diego, CA 92101

Approval of Minutes of

Board member Barnouw made a motion to approve the minutes of February 19, 2016; Board member Mosier seconded the motion.

Yes Votes: Jacob, Roberts, Mosier, Barnouw, Zito, Kersey Absent: Diaz, Grosch, Lightner

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Minutes of April 15, 2016 Page 2

Executive Director's Report

• 3rd Qtr Budget StatusExecutive Director McKernan provided a handout of the 3rd quarter budget status noting that the revenues are higher than estimated and the expenditures are within the 3rd quarter budget target.

• Reporting of Time spent by Member Agency JurisdictionExecutive Director McKernan reported on the staff time spent in each jurisdiction for the 3rd quarter FY 2015-2016

• Other Metrics of JPA Resources Beyond Member Agency ContributionExecutive Director McKernan showed more information of trail miles, land ownership, habitat management plans, and other projects including the Southern California Edison grant for the Coastal Restoration Project. Director McKernan also presented a survey of visitors to the San Dieguito River Park, in reference to their towns of residence. The 219 surveys were done by Trail Committee members at two locations. The recommendation was made to repeat the survey annually or semi-annually.

• Introduction of Prospective Pro Bono financial AdviserExecutive Director McKernan presented the resume of Jacqueline Bell, investment advisor, who has agreed to manage the JPA accounts currently held at Fidelity Investments, pro bono. The accounts have been previously managed pro bono by Bill Carter however Mr. Carter is retiring. Board member Mosier stated that the Mosier family has used Ms. Bell’s services for the last decade and that her company Dowling & Yahnke, consistently outperforms Fidelity Investments. Any recommendations from Ms. Bell to place the investments with a different company will be brought to the JPA Board for approval.

Public Comment- No Public Comment

ACTION AGENDA

1. FY 16/17 Budget Adoption

Executive Director McKernan reported that the Budget Subcommittee (Board members Diaz, Mosier, Zito and Kersey) met on March 18. Director McKernan is proposing a flat budget regarding expenditures. Director McKernan is projecting that revenues from non-member agency sources will be lower on the proposed budget than the current year projections, and is requesting a 4% increase in the member agency contributions to balance the budget.

Board member Mosier made the motion to adopt the FY 16-17 budget. Board member Zito seconded the motion.

Yes votes: Jacob, Roberts, Mosier, Barnouw, Zito, Kersey Absent: Diaz, Grosch, Lightner

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2. San Dieguito River Park Trails Management Plan and Standards Adoption

• Response to Public Comments• Trails Management Plan and Standards Draft

Executive Director McKernan reported that the Trails Management Plan and Standards draft was sent to the member agencies, other interested parties, and published on the JPA website for review and comment for a 30-day period which ended on March 18. Director McKernan mentioned all of the comments received. The final draft is included for the Board to approve. Dustin Fuller commented on the great job the River Park rangers are doing to keep park visitors from disturbing the Least Tern nesting site.

Board member Roberts made the motion to approve the final Trails Management Plan and Standards. Board member Mosier seconded the motion.

Yes votes: Jacob, Roberts, Mosier, Barnouw, Zito, Kersey Absent: Diaz, Grosch, Lightner

INFORMATION

3. Park Project Status Updates

a. Pamo Valley Trail CEQA/ISMND 30-day Comment Period

Executive Director McKernan reported the exciting news that a site visit has been scheduled for the end of May with the California Natural Resources Agency, part of the River Parkways grant application. The CEQA document for the City of San Diego permit is currently in the 30 day comment period.

b. Coast Ranger Station

Executive Director McKernan reported that staff is still in the process of acquiring the building permits from the City of San Diego. A list of contractors is being assembled and a RFP will be sent soon.

b. Horsepark Trail Segment Storm Damage

Executive Director McKernan reported that a good meeting was held with the 22nd District Agricultural Association, regarding how to go forward to repair the trail.

Executive Director McKernan also announced that Del Mar Lagoon Day will be held May 21 and thanked Supervisor Roberts for his recommendation of the Neighborhood Reinvestment Program grant. The JPA has been awarded a grant for $25,000 for infrastructure needs at the headquarters office and at Sikes Historic Farmstead.

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4. Coordination Reports

a. San Dieguito River Valley ConservancyDirector Boaz reported that the Conservancy was awarded a $5000 grant from Gelson’s Grocery Store and spoke with Gelson’s about the possibility of a mural being painted on the top half of the south facing wall that says San Dieguito River Park and have children paint the bottom half at a special event. Patagonia has also awarded the Conservancy with a $1000 grant for the Citizen Science program. On May 10 the Conservancy and the River Park will be giving a presentation at A16.

b. Friends of the San Dieguito River Valley

Jacqueline Winterer stated that the Friends will give $5000 to the JPA to hire a consultant to determine the cost of restoration of the Horsepark Trail that has been blown out.

c. Volcan Mountain Preserve Foundation – No report

c. San Dieguito Lagoon Committee

Terry Kopanski reported that the roundabout at Jimmy Durante and San Dieguito Road has been approved by the Del Mar City Council. Construction should begin in November with completion by February 17. River Path Del Mar looks great and the ribbon cutting is scheduled for May 21 in conjunction with Lagoon Day.

5. Jurisdictional Status reports

Ex-officio Board member Fuller reported that the South Overflow Lot construction will be done by Marathon Construction and that the executed contract has been received. A request for extension of the completion date has been submitted to the California Coastal Commission. Board member Kersey reported that Mayor Faulconer has unveiled the budget which will be formally presented next week. Board member Mosier gave an update on the Sea Level Rise Committee. Board member Mosier stated that it has been found that sea level rise and climate change found in the revised coastal plan are happening quicker than expected. It would be a good idea to plan future trails farther from the river. Board member Roberts asked if the JPA staff would add the Polo Field lease to the agenda for an update in the future. Executive Director McKernan stated that the lease from the City of San Diego has not been published or released yet. Board member Roberts asked that the JPA board be kept apprised of any new developments.

6. Communications – No communications.

Chair Jacob adjourned the meeting at 11:36 a.m.

These minutes approved by Board Action

__________ ____________________ Date Executive Director

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ITEM: 1

SUBJECT: ADOPTION OF INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR PAMO VALLEY SEGMENT OF THE COAST TO CREST TRAIL

*The Initial Study document of this report , can beviewed by clicking Pamo Initial Study. The document is located under the Supplemental column on the JPA 2016 agenda table.

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http://www.sdrp.org/wordpress/wp-content/uploads/Pamo-Final-Initial-Study-5-20-16_reduce.pdf

Agenda Item 1 May 20, 2016

TO: JPA Board

FROM: Staff

SUBJECT: Adoption of a Final Mitigated Negative Declaration for the Pamo Valley Segment of the Coast to Crest Trail

RECOMMENDATION:

Adopt resolution approving the Final Mitigated Negative Declaration and MMRP for the Pamo Valley Segment of the Coast to Crest Trail (Attachments 1-3).

PROJECT DESCRIPTION SUMMARY:

The project is the construction of a 3-mile-long segment of the San Dieguito River Park Coast to Crest Trail. This trail segment would extend through Pamo Valley near Ramona in unincorporated San Diego County on land owned by the City of San Diego Public Utilities Department. The new trail segment, as identified in the JPA’s San Dieguito River Park Concept Plan (Attachment 4), would link two existing trails, the Lower Santa Ysabel Trail and the Upper Santa Ysabel Trail, both of which are Cleveland National Forest trails (Attachment 5). The new 6- to 8-foot wide compacted dirt trail is proposed adjacent to Pamo Road and would share the roadway in two places to utilize existing stream crossings (bridges), Attachment 6. The project includes two trail staging areas off of Pamo Road for cars and equestrian trailers (only the south staging area would be constructed initially). This trail would effectively complete 12 miles of the Coast to Crest Trail, from Boden Canyon to Lake Sutherland. Only 3 of the 12 miles would be new construction.

SITUATION:

Current Project Status

The Pamo segment of the Coast to Crest Trail has been in the planning and permitting stages for several years as JPA staff coordinated details of a trail alignment with various parties including City of San Diego Public Utilities staff. Your Board has been receiving regular updates on the trail status. The status of development permits and funding are described below.

Because the land is owned by the City of San Diego (Public Utilities Department) it is subject to the City’s land use ordinances and regulations under the City’s Municipal Code. Extensive planning, consultation, and permitting with the City of San Diego Public Utilities and Development Services departments began in 2008 after receiving funding

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from the San Dieguito River Valley Conservancy for that purpose. Consultation was also done with County of San Diego Parks and Recreation and Public Works staff (they own and operate Pamo Road) and US Forest Service staff. The JPA applied for a Site Development Permit in 2008 (expired due to funding shortfall) and again in 2014. Detailed construction plans have been prepared and JPA staff has successfully responded to City permitting comments and consulted with local Native American tribes to obtain concurrence on the trail placement and design and construction monitoring. It is anticipated that a Site Development Permit will be issued by the City within the next few months.

CEQA Compliance

JPA staff prepared an Initial Study for the project in compliance with the California Environmental Quality Act (CEQA). Based on technical analysis and consultation with other experts, JPA staff determined that the project would not cause a significant effect on the environment because mitigation measures were incorporated into the project design to avoid or reduce impacts and a Mitigated Negative Declaration (MND) was prepared. As part of the MND preparation, JPA staff solicited input from the City of San Diego Development Services staff as a responsible agency. A Notice of Intent to adopt an MND was sent to the State Clearinghouse and County Clerk pursuant to Section 15072 of the CEQA Guidelines, and was published in the Union Tribune on March 25, 2016 to start a 30-day public review period. The Draft MND was distributed to all responsible and trustee agencies as well as several other public agencies, interested organizations and individuals, and was posted on the San Dieguito River Park’s website. The public review period officially closed on April 20, 2016 and a total of five letters of comment were received from the following agencies/organizations:

• California Department of Fish & Wildlife• County of San Diego• San Diego Archaeology Center• US Fish & Wildlife Service• City of San Diego Public Utilities Department

Written responses to all comments have been prepared, and where appropriate, details of mitigation measures were clarified to ensure the issues raised by the comments are fully addressed. The Final MND consists of written responses to all comments received on the Draft MND, the Initial Study, and a Mitigation Monitoring and Reporting Program (Attachments 2 and 3). Based on the analysis contained in the Initial Study and the comments received, the project as designed and mitigated would not result in any significant impacts to the environment.

FINANCIAL IMPACT:

Funds to design and obtain permits for the trail segment were provided through private donations from the San Dieguito River Valley Conservancy. Funds to construct the trail

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segment have not been completely secured, but are being pursued via several efforts. The Conservancy conducted a fund-raising effort through REI’s “Every Trail Counts” campaign raising $43,000 for trail construction. In addition, the JPA applied for a State River Parkways grant in September 2015 for the amount of $285,140 (JPA Board Resolution #R15-3) and the trail project has been short-listed and is scheduled for a site visit with the granting agency staff on May 31, 2016. Final selection of a grant award is expected sometime this summer 2016. It is anticipated that receipt of the requested grant award would constitute full funding for the trail project. Construction would begin once final permits and full construction funding has been secured.

CAC RECOMMENDATION:

The JPA staff has kept the CAC regularly informed on the status of the Pamo Trail project and all CAC members were sent the public review notice for the Initial Study and MND comment period. The CAC has been in support of the Pamo Trail segment and the CAC Trails Subcommittee was involved in the initial trail planning and has continued to stay engaged in ongoing efforts to construct the trail. The CAC did not hold a meeting in May so did not take a position on the MND itself.

ALTERNATIVES:

1. Approve resolution approving Final MND.2. Do not approve resolution and give staff other direction.

RECOMMENDATION:

Adopt resolution approving the Final Mitigated Negative Declaration and MMRP for the Pamo Valley Segment of the Coast to Crest Trail (Attachment 1).

Respectfully Submitted,

Shawna Anderson Principal Planner

Attachment 1: Resolution Adopting the Final Mitigated Negative Declaration for the Pamo Valley Segment of the Coast to Crest Trail

Attachment 2: Final Mitigated Negative Declaration for the Pamo Valley Segment of the Coast to Crest Trail

Attachment 3: Mitigation Monitoring and Reporting Program Attachment 4: Park Concept Plan, Eastern Units, SDRP Concept Plan, 1994 Attachment 5: Trail Network Attachment 6: Pamo Trail Alignment

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SAN DIEGUITO RIVER VALLEY REGIONAL OPEN SPACE PARK JOINT POWERS AUTHORITY

RESOLUTION NO. R16-1

ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION FOR THE PAMO VALLEY SEGMENT OF THE COAST TO CREST TRAIL

WHEREAS, the Pamo Valley Trail is a segment of the Coast to Crest Trail as included in the San Dieguito River Park Joint Powers Authority’s San Dieguito River Park Concept Plan (1994, updated 2002) and Final EIR (SCH 91121059) and the County of San Diego Regional Trails Plan.

WHEREAS, the JPA requested and received funding to design the segment of Coast to Crest Trail in Pamo Valley and has requested funding for its future construction;

WHEREAS, the Pamo Valley segment of the Coast to Crest Trail is approximately 3 miles in length and varies in width from 6 to 8 feet, adjacent to Pamo Road;

WHEREAS, the JPA Board of Directors considered the issues discussed in the Draft Mitigated Negative Declaration (MND) and comments received during the public review period, for the Pamo Valley Segment of the Coast to Crest Trail.

NOW THEREFORE, BE IT RESOLVED, by the JPA Board of Directors, that it hereby finds that the Mitigated Negative Declaration as been completed in compliance with the California Environmental Quality Act (CEQA), as amended (California Public Resources Code Section 21000 et seq.), that the MND reflects the independent judgement and analysis of the JPA as the Lead Agency and that the information contained in the MND, together with any comments received during the public review process, has been reviewed and considered by the JPA Board of Directors.

BE IT FURTHER RESOLVED that the JPA Board of Directors finds that revisions in the project have been made that would mitigate potentially significant effects of the project on the environment, as previously identified in the Initial Study, to a point where no significant environmental effects would occur, and

BE IT FURTHER RESOLVED, that the JPA Board of Directors finds, based on the whole record before it (including the Initial Study and comments received on the MND), that there is no substantial evidence before the JPA that the project may have a significant effect on the environment and therefore, that said MND, a copy of which is attached hereto and incorporated by reference, is hereby approved, and

BE IT FURTHER RESOLVED that pursuant to California Public Resources Code Section 21081.6, the JPA Board of Directors hereby adopts the Mitigated, Monitoring and Reporting Program in order to mitigate or avoid significant effects on the environment, a copy of which is attached hereto and incorporated herein by reference, and

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Agenda Item 1May 20, 2016

ATTACHMENT 1

BE IT FURTHER RESOLVED, that the location and custodian of the documents or other materials which constitute the record of proceedings upon which this decision is based is as follows:

San Dieguito River Park Joint Powers Authority 18372 Sycamore Creek Road Escondido, CA 92025

BE IT FURTHER RESOLVED, that the Executive Director is hereby authorized to take any and all further steps needed to carry out the actions approved herein, including but not limited to, filing a CEQA Notice of Determination, the execution of grant agreements, contracts, leases and processing of required permits.

Approved and Adopted the day of , 2016.

Ayes:

Noes:

Absent:

Abstain:

Diane Jacob, Chair

ATTEST: Kevin McKernan, Executive Director

Attachments: Exhibit A, Final Mitigated Negative Declaration for the Pamo Valley Segment of the Coast to Crest Trail

Exhibit B, Mitigation, Monitoring and Reporting Program for the Pamo Valley Segment of the Coast to Crest Trail

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Pamo Valley Segment of the Coast to Crest Trail Page 1

FINAL MITIGATED NEGATIVE DECLARATION

PROJECT NAME:

SAN DIEGUITO RIVER PARK

PAMO VALLEY SEGMENT OF THE COAST TO CREST TRAIL

PROJECT DESCRIPTION:

The project involves the construction of a 3-mile-long segment of the San

Dieguito River Park Coast to Crest Trail. This trail segment would extend

through Pamo Valley connecting the existing Lower Santa Ysabel Trail to the

Upper Santa Ysabel Trail, both of which are Cleveland National Forest trails.

The Pamo Valley trail segment is located within the unincorporated County

on land owned by City of San Diego Public Utilities Department. The project

would entail grading a new 6- to 8-foot wide dirt trail and two trail head

staging areas. The trail is proposed adjacent to Pamo Road and would share

the roadway in two places to utilize existing stream crossings. The staging

areas would be accessed from Pamo Road and would accommodate space for

cars and equestrian rigs. This trail would effectively complete 12 miles of the

Coast to Crest Trail, from Boden Canyon to near Lake Sutherland. Only 3 of

the 12 miles would be new construction.

RESPONSIBLE AGENCY ACTIONS:

City of San Diego

Site Development Permit

California Department of Fish and Wildlife

Streambed Alteration Agreement

California Regional Water Quality Control Board

401 Certification

PROJECT LOCATION:

The project is located in Pamo Valley north of Highway 78 near Ramona and

west of Lake Sutherland in unincorporated San Diego County.

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PROJECT OWNER:

San Dieguito River Park Joint Powers Authority

DETERMINATION:

The San Dieguito River Park Joint Powers Authority (JPA) conducted an Initial Study of

the project, which determined that the proposed project could have a potentially

significant effect on the environment. However, it has been determined that there will

not be a significant effect in this case because (1) revisions in the project have been made

by the JPA, the project proponent, that would avoid the effects or mitigate the effects to

the point where clearly no significant effect on the environment would occur, and (2)

there is no substantial evidence in light of the whole record that the project, as revised,

may have a significant effect on the environment. Based on this determination and in

accordance with CEQA Section 21157.5, a Mitigated Negative Declaration has been

prepared.

DOCUMENTATION:

The attached Initial Study documents the reasons to support the determination that the

proposed project as revised will not have a significant effect on the environment.

Comment letters received on the draft MND/Initial Study during the public review

comment period and responses to those comments are also attached.

The potential for impacts associated with the construction of the full 71 miles of the

Coast to Crest Trail was examined in the previously certified San Dieguito River Park

Concept Plan Program EIR (State Clearinghouse Number 91121059), which is

incorporated by reference into this document. The Program EIR, which was certified by

the San Dieguito River Park JPA Board of Directors on February 18, 1994, addressed

program-wide issues such as cumulative impacts and policy alternatives for the various

proposals incorporated in the Concept Plan, including the Coast to Crest Trail. Program

level mitigation measures were identified in the Final Program EIR to be incorporated into

individual park-initiated projects as they are approved. The subject Initial Study is a

project-specific evaluation of the environmental impacts and project-specific mitigation

measures for the proposed Pamo Valley Segment of the Coast to Crest Trail. The project

documentation is available for review and download on the JPA’s website at

www.sdrp.org. The Concept Plan Program EIR is available for public inspection at the

San Dieguito River Park office, located at 18372 Sycamore Creek Road, Escondido, CA

92025.

MITIGATION MEASURES INCORPORATED INTO THE PROJECT:

In accordance with CEQA Section 21081.6, a Mitigation, Monitoring, and Reporting

Program has been prepared for the project and the mitigation measures have been

incorporated into the scope of the project. The measures outlined below shall be stated in

the San Dieguito River Park JPA’s resolution of approval and within any subsequent

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http://www.sdrp.org/


permits required for this project. The following mitigation measures have been

incorporated into the project:

Biological Resources

1. Prior to the start of construction, the construction limits for the trail parking areas shall be

clearly delineated with orange construction fencing and silt fencing or fiber rolls to

ensure that construction activity remains within the defined construction limits.

2. Clearing and grubbing of the trail within 300 feet of breeding habitat for the least Bell’s

vireo or southwestern willow flycatcher in Santa Ysabel and Temescal creeks shall not be

done during the breeding season (combined from March 15 through September 15) to

avoid noise disturbance of any breeding birds potentially occurring in the vicinity.

3. Prior to construction of individual sections of trail, the JPA rangers shall survey the area

for any badger burrows within the trail footprint and avoid burrows where they are

encountered. If an occupied badger burrow is encountered during construction, a 100 foot

buffer will be maintained to avoid disturbing the burrow.

4. Prior to commencing construction of the trail, the JPA shall hire a biological monitor

with expertise in arroyo toads. The biologist will monitor construction of the trail during

the aestivating season where it occurs in potential aestivating habitat. The biologist will

conduct a pre-construction survey to identify any toads in the construction footprint and

any such toads shall be avoided. Implementation of avoidance measures shall be done in

consultation with USFWS.

5. Manure management shall be implemented by installing a manure bin in the staging area

and signage requiring users to clean up horse manure. Rangers shall patrol and maintain

the staging area on a regular basis.

6. The San Dieguito River Park JPA shall provide mitigation for impacts to coastal sage

scrub and non-native grassland in one of the following ways. Any one of these measures

would mitigate impacts from the loss of upland vegetation from the project to a level of

insignificance:

Conservation of a 40-acre private parcel in Pamo Valley acquired by the San Dieguito

River Valley Conservancy. The parcel contains non-native grassland and coastal sage

scrub. A conservation easement would be placed over the entire parcel to mitigate for

the Pamo Trail Project.

Payment into the City of San Diego’s Habitat Acquisition Fund, which would be

calculated by acres (1.71 acres) based on the assumption that the City would use the

funds to acquire properties within the MHPA.

Restore and enhance 3.24 acres of coastal sage scrub (seeding with native coastal

sage scrub species typical of the associations occurring in the CSS community in

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Pamo Valley) in the vicinity of the trail to encourage the fire recovery of coastal sage

scrub.

Upland Type Impact

(acres)

Mitigation

Ratio

Mitigation

(acres)

Mitigation

Ratio

Mitigation

(acres)

outside MHPA inside MHPA

Diegan coastal sage scrub 0.36 1.5:1 0.54 1:1 0.36

Non-native grassland 2.70 1:1 2.70 0.5:1 1.35

Total 3.06 3.24 1.71

7. The JPA’s Trails Management Plan and Standards shall be updated to include the Pamo

Valley segment of the Coast to Crest Trail before the trail is opened to the public.

Cultural Resources

1. The JPA shall retain a qualified archaeological monitor and a Native American monitor

prior to commencement of project construction. The monitors will be responsible for

overseeing all specified subsurface disturbance associated with project construction in

accordance with City of San Diego mitigation requirements for archaeological resources.

The monitors shall ensure that the proposed trail alignment or site disturbance avoids

cultural resources as designed.

2. To mitigate the potential impacts of the project on sites CA-SDI-7933 and CA-SDI-8279,

prior to construction of the trail the project site shall be capped where it is in proximity to

these sites per the JPA’s Concept Plan Design and Development Standards (1994) and

the City of San Diego protocol. The purpose of "capping" is to cover archaeological sites

with a layer of soil before construction to preserve those cultural resources, as follows:

Filter fabric shall be placed on the portion of the site to be impacted, followed by the

placement of two inches of sterile soils, one inch of ½ to ¾ inch gravel, and a

minimum of an additional four inches of sterile soil.

All capping shall be designed and performed in consultation with and monitored by the

archaeological monitor and a Native American monitor.

3. Any construction activities within 50 feet of sites SDI-7933 and SDI-8279 shall be

monitored by a qualified archaeological monitor and a Native American monitor. The

monitors will identify any cultural materials uncovered by the project activity and shall

have the authority to suspend work in order to document and evaluate the finds and

recommend avoidance or capping measures, if necessary. The JPA shall implement

measures required by the monitors. The monitors shall have the flexibility to reduce or

cease archaeological monitoring based on soil observations indicating a lower sensitivity

for cultural materials.

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4. To mitigate potential impacts resulting from trail construction near two other known

archaeological sites, archaeological monitoring by a qualified archaeological monitor and

a Native American monitor shall be conducted during construction of those segments of

trail within 50 feet of the cultural site boundaries for sites SDI-9790 and SDI-19464, as

identified in the project report: An Archaeological Survey for the Pamo Trail Project

(August 2008, updated July 2014). The monitors will identify any cultural materials

uncovered by the project activity and shall have the authority to suspend work in order to

document and evaluate the finds and recommend avoidance or capping measures, if

necessary. The JPA shall implement measures required by the monitors. The monitors

shall have the flexibility to reduce or cease archaeological monitoring based on soil

observations indicating a lower sensitivity for cultural materials.

5. To further reduce the potential for impacts to a cultural site, the JPA shall continue to

involve Native American representative(s) during final project design and during

construction of the proposed trail, and particularly during design and placement of

signage and fencing designed to discourage trespassing on nearby sites and orient trail

users away from visible resources. The JPA shall also consult with Native American

tribal representatives regarding any proposed signage or public information (e.g., maps or

website) that pertains to cultural resources in the Pamo Valley.

PUBLIC REVIEW DISTRIBUTION:

The following individuals, organizations, and agencies received a copy or notice of the

draft MND and were invited to comment on its accuracy and adequacy:

United States Government

Department of the Interior

Fish and Wildlife Service

Department of the Army

Corps of Engineers

Department of Agriculture

Natural Resources Conservation Services

Department of Forestry

Cleveland National Forest, Palomar District Office

State of California

State Clearinghouse

Department of Fish and Wildlife, Region 5

Regional Water Quality Control Board, Region 9

Office of Historic Preservation

Resources Agency (Water Resources)

Native American Heritage Commission

County of San Diego

Department of Public Works

Department of Parks and Recreation

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Supervisor Dianne Jacob

City of San Diego

Development Services Department

Real Estate Assets Department

Historical Sites Board

Public Utilities Dept.

Other Agencies, Organizations, and Individuals

SDG&E

Sierra Club

Palomar Audubon Society

California Native Plants Society

San Diego State University/South Coastal Information Center

Endangered Habitats League

San Diego Mountain Biking Assoc.

San Diego County Archaeological Society, Inc.

Ramona Trails Association

San Pasqual Band of Mission Indians

Mesa Grande Band of Mission Indians

Iipay Nation of Santa Ysabel

San Luis Rey Band of Mission Indians

Ramona Planning Group

Friends of the San Dieguito River Valley

San Dieguito River Valley Conservancy

San Diego County Farm Bureau

San Dieguito River Park Citizens Advisory Committee

San Dieguito River Park JPA Board of Directors

San Diego Union-Tribune

Shawna Anderson, AICP, Principal Planner

San Dieguito River Park Joint Powers Authority

___ 3/16/16______

Date of Draft Report

______5/20/16____________

Date of Final Report

ATTACHMENTS:

19


Comment Letters Received and Responses

Initial Study

MMRP

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21 ATTACHMENT 2


Responses to Comments Received on Pamo Trail Draft MND/Initial Study Page 1

PAMO VALLEY SEGMENT OF THE COAST TO CREST TRAIL RESPONSES TO COMMENT RECEIVED on INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

COMMENT RESPONSE

Enforceable Mitigation Measures A Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the project and will be adopted by the JPA with the Mitigated Negative Declaration pursuant to Section 15097(a) of the CEQA Guidelines. In addition, the project Site Development Permit from the City of San Diego will provide an additional level of enforcement for this project.

Project Alternatives As documented in the Initial Study, the project was designed to minimize impacts to the environment and the trail alignment was proposed next to (and on) Pamo Road to contain the trail within or close to areas that have already been disturbed by an active cattle grazing operation.

Page 17 of the Initial Study shows the project would impact .007 acre of riparian wetlands that cannot be avoided. This impact is considered less than significant because the impact amount is minor and would occur in small drainages with low biological value (active grazing land). However, the JPA will notify the California Department of Fish & Wildlife under the Lake and Streambed Alteration Program as required for the anticipated impact.

The Initial Study documents that there is no substantial evidence, in light of the whole record, that the project would cause significant effects because measures have been incorporated into the project that either avoid project effects or reduce them to below a level of significance. Based on the results of the Initial Study and pursuant to Section

29 ATTACHMENT 2



COMMENT RESPONSE

15063(b)(2) of the CEQA Guidelines, the lead agency must prepare a Negative Declaration. Project alternatives are not required to be included in an MND because all potential impacts of the project have been avoided or mitigated to a level less than significant by the project.

County MSCP and City MSCP SAP Section 11.0104 of the San Diego Municipal Code states that the City codes and regulations apply to all territory outside of the City which the City has jurisdiction or control by “reason of ownership or control of property”. Therefore, the proposed project must comply with all relevant City codes and ordinances including the Environmentally Sensitive Lands Ordinance.

The JPA is not seeking third party beneficiary status under the MSCP because, based on the analysis in the project Initial Study and Biology Technical Report and the measures designed into the project, the project will not result in a “take” of threatened or endangered species. The project has been designed to minimize impacts and measures have been incorporated into the project that avoid or further minimize impacts to less than significant. The JPA will notify the California Department of Fish & Wildlife under the Lake and Streambed Alteration Program as required for the anticipated impact to 0.007 acre of riparian wetland.

Proposed Project Mitigation The JPA is required to obtain a site development permit from the City for the project, which includes compliance with the City’s Environmentally Sensitive Lands Ordinance. Payment into the HAF is one acceptable form of mitigation pursuant to the City’s ESL for upland vegetation impacts less than five acres and has been identified as appropriate for this project. The JPA has been consulting with the City throughout the

30


COMMENT RESPONSE

project as a responsible agency.

Project Demarcation As stated in the Initial Study, the JPA will place wildlife-friendly fencing (lodge pole) adjacent to sensitive resources, in particular where the trail approaches the two main creek crossings, to ensure trail users stay on the trail. Regular patrols and management by JPA rangers will identify unauthorized trespassing that might warrant additional fencing. This adaptive management strategy is done for other Coast to Crest Trail segments and allows for continued assessment of impacts and implementation of appropriate remedies such as additional fencing, signage, or planting. It is not proposed nor is it necessary that the entire trail be fenced, particularly where adjacent to active grazing land.

As shown on the project plans (Figure 4 in the Initial Study), the staging areas will be completely surrounded by lodge pole fencing.

As described on page 5 of the Initial Study, the JPA is the trail manager for most of the Coast to Crest Trail, which will include the Pamo Trail segment. The JPA conducts trail maintenance and management per its adopted Trails Management Plan that specifies frequency and objectives of regular trail patrol and monitoring, as well as maintenance standards for all JPA-managed trails.

Arroyo Toad The Initial Study and project Biological Technical Report acknowledge the fact that the project area traverses USFWS-designated critical habitat for the Arroyo Toad. As documented in the Initial Study, there is no evidence that the project would result in a “take” of any arroyo toad or that normal operation and proper maintenance and management of the trail would significantly

31


COMMENT RESPONSE

impact the arroyo toad.

The trail will use existing bridges to cross the two major creeks that contain habitat for the arroyo toad and no new structures will be placed in these creeks. In addition, construction methods and project design include minimization measures such as utilizing already disturbed areas for the trail and staging areas, aligning the trail close to and in Pamo Road, and reducing the trail width to 6 feet when adjacent to sensitive resources. The trail’s compacted surface will not create a barrier to arroyo toad movement. However, to ensure no unanticipated impacts occur, the construction footprint will be surveyed by a qualified biologist before any work commences and be monitored for the presence of arroyo toads during construction. Avoidance measures to be implemented will be determined in consultation with US Fish & Wildlife Service.

Least Bell’s Vireo and Southwestern Willow Flycatcher

As discussed in the project biology report, the project as designed and with the measures identified in the MND would not significantly harm threatened and endangered species. The MND contains avoidance measures including avoiding breeding habitat and avoiding construction during the breeding season to mitigate potential impacts to least Bell’s vireo and southwestern willow flycatcher to below a level of significance. The JPA will consult with the US Fish and Wildlife as required through the Army Corps of Engineers Nationwide Permit procedures and will notify the California Department of Fish & Wildlife under the Lake and Streambed Alteration program.

Avian Nesting Avoidance As stated on page 32 of the project Biology Technical Report, no trees would be removed as a result of trail construction and activities are not anticipated to cause substantial noise

32


COMMENT RESPONSE

or disturbance. Therefore no raptor or bird nests protected by the Migratory Bird Treaty Act would be affected by the project.

In addition, as required in the MND, construction of the trail within 300 feet of breeding habitat for least Bell’s vireo and southwestern willow flycatcher will not occur during the breeding season for these species.

Biological Surveys The project Biological Technical Report and Initial Study include all available information related to site-specific biological reconnaissance surveys that were conducted for the project (in 2009 and 2014). As stated in both documents, no focused protocol species surveys were conducted because the biology surveys that were done allowed the project to be designed in a manner that avoids sensitive resources and pre-construction surveys and monitoring will be done to ensure no unanticipated impacts occur. Based on the results of the biology surveys and the presence of sensitive habitat and species, and as explained in the Initial Study, the trail was aligned to avoid and/or minimize impacts to sensitive habitat and measures were incorporated into the project to reduce potential impacts to less than significant.

Delicate Clarkia The project biology report documents the survey limitations (page 8) and that 2014 was a less-than-average rainfall season. Although there is a potential for some rare plants to occur along the trail alignment, delicate clarkia occurs in and at the edges of chaparral and coast live oak woodland and is less likely to be found in actively grazed non-native grassland next to Pamo Road, where the majority of the trail is proposed. The impact is considered less than significant.

Boden Canyon Ecological Reserve The Lower Santa Ysabel Truck Trail as a multi-use trail that already exists on Forest Service land and is managed by the Forest Service and

33


COMMENT RESPONSE

terminates at the edge of Forest Service jurisdiction. From that point the trail continues as a hiking-only trail to Highway 78 on land owned and managed by the California Department of Fish & Wildlife as the Boden Canyon Ecological Reserve. This entire trail is an existing condition and is currently accessible and used by the public. The JPA recognizes that the multi-use portion of the Coast to Crest Trail would end at Boden Canyon as stated in the MND. Trail maps and information produced by the JPA for the SDRP website and staging area kiosks will indicate the Coast to Crest Trail and where the trail ends. The JPA is coordinating with the Forest District Ranger on this project that will include additional signage along the Lower Santa Ysabel Trail to identify the CTC Trail. The JPA will also consult with the California Fish & Wildlife Service on signage.

The SDRP website’s Coast to Crest Trail Status page indicates that the Coast to Crest Trail alignment west of the Lower Santa Ysabel Trail is a “trail gap” and has only been defined as “conceptual” (from the SDRP Concept Plan) until such time as additional planning and analysis can be done. The JPA will work with California Fish & Wildlife and other land owners and appropriate agencies to plan and evaluate alternative trail alignments to the west, including using existing dirt paths, when funding becomes available to do so.

County of San Diego

COMMENT RESPONSE

Parks & Recreation The JPA appreciates the comments about the project and its design.

Watershed Protection Because the project requires a site

34


development permit from the City of San Diego, it must comply with the San Diego Municipal Storm Water Permit, which includes permanent source control BMPs and construction BMPs. The proposed BMPs are described in the project Water Quality Technical Report. The project is not exempt as a Priority Development Project.

SAN DIEGO ARCHAEOLOGY CENTER

COMMENT RESPONSE

Fencing Measure #1 under Cultural Resources of the MND requires use of monitors for all subsurface construction activities. Measure #5 of the MND requires fencing be used along the trail, in consultation with Native American representatives, to discourage trespassing near cultural sites.

US FISH AND WILDLIFE SERVICE

COMMENT RESPONSE

Potential take of listed species. The JPA is not seeking third party beneficiary status under the MSCP because, based on the analysis in the project Initial Study and Biology Technical Report and the measures designed into the project, the project will not result in a “take” of threatened or endangered species. The project has been designed to minimize impacts and measures have been incorporated into the project that avoid or further minimize impacts to less than significant under CEQA. The JPA has notified the Army Corps of Engineers under the Nationwide Permit process for impacts to wetlands and will consult with the resources agencies as required in the NWP terms and conditions.

35


Although impacts to sensitive upland vegetation cannot be completely avoided by the project, the JPA has determined (based on the evidence described in the Initial Study and project Biology Technical Report) that the project location, design, and mitigation measures minimize project impacts to less than significant.

CITY OF SAN DIEGO, PUBLIC UTILITIES DEPARTMENT

COMMENT RESPONSE

Environmental Setting The Draft and Final MND reference City of San Diego Public Utilities as the property owner.

Trail Alignment The Initial Study analyzes full build out of the project, which includes the north staging area. As discussed with City Public Utilities and Development Services staff, language can be included in the project SDP specifying the criteria under which the north staging area can be constructed as agreed to by the JPA and City. The details of those criteria have not been specified or discussed with Public Utilities staff.

Trail Operation and Maintenance The Initial Study describes the typical patrol and maintenance duties performed by JPA park rangers along other segments of the Coast to Crest Trial that would extend to the Pamo trail segment. The JPA’s Trails Management Plan and Standards (TMPS) contains details regarding monitoring and maintenance standards. It is anticipated that the new trail will be patrolled by JPA park rangers one to four times per week.

36


Discussion of Environmental Impacts Compensatory Mitigation

The compensatory mitigation discussed in the Initial Study and included in the MND is to mitigate for impacts to upland vegetation. The JPA will carry out one of the three mitigation options (one of which is to restore habitat in Pamo Valley) per the City’s ESL ordinance and in consultation with resource regulatory staff under Section 7 consultation. The measures listed in the MND would mitigate direct impacts from the removal of 0.36 acre of coastal sage scrub and 2.70 acres of non-native grassland to below a level of significance.

Mitigated Negative Declaration Biological Resources

The mitigation measure in the Final MND has been clarified to state that they are badger borrows and that a 100 foot wide buffer shall be established around an active burrow. The Initial Study states that it is unlikely that badger burrows occur in Pamo Valley and none were seen during the biology surveys (page 10).

37

PAMO TRAIL MND MITIGATION MONITORING PROGRAM 5/11/2016 Page 1

MITIGATION MONITORING AND REPORTING PROGRAM PAMO VALLEY SEGMENT OF THE COAST TO CREST TRAIL (MND SCH# 2016031069)

Resource Area Impact Mitigation Measure

Monitoring or Reporting Action

Monitoring Responsibility

Timing

BIOLOGICAL RESOURCES

Construction activities could impact habitat outside the identified construction area.

Construction staging shall only occur in the project trail staging area, in the trail alignment, or on the shoulder of Pamo Road. Construction limits for the trail staging areas shall be delineated with temporary fencing. Silt fences and fiber rolls shall be installed adjacent to sensitive habitat per the project plans.

Indicate construction limits on project plans. Monitor BMP installation before construction and maintain during construction period, repair as needed.

City at SDP issuance.

JPA

Prior to and during construction activities.

Noise from construction clearing and grubbing adjacent to least Bell’s vireo and southwestern willow flycatcher breeding areas could impact these species during their breeding season

Clearing and grubbing shall not occur during the breeding season (March 15 through September 15) for these species when within300 feet of breeding habitat (Santa Ysabel/Temescal creeks).

Indicate restriction on project plans and on SDP permit condition.

Monitor construction activities to ensure compliance.

City/JPA Before and during construction.

Badger burrows could be impacted if they appear within trail corridor.

Conduct pre-construction survey for active burrows along trail just before construction and avoid if burrows are encountered. Provide 100 ft buffer if burrow is encountered.

List in SDP conditions.


City/JPA

JPA

Before and during construction.

Trail construction Prior to commencing List in SDP conditions. JPA Before and during

38 ATTACHMENT 3






Timing

could potentially impact an arroyo toad using upland habitat adjacent to Santa Ysabel/Temescal creek for aestivating.

construction of the trail, the JPA shall hire a biological monitor with expertise in arroyo toads. The biologist will monitor construction of the trail during the aestivating season where it occurs in potential aestivating habitat. The biologist will conduct a pre-construction survey to identify any toads in the construction footprint and any such toads shall be avoided. Implementation of avoidance measures shall be done in consultation with USFWS.


construction.

Accumulation of horse manure in staging areas could attract cowbirds.

Implement manure management, install manure bins and maintain.

Install per project plans. JPA Prior to Project completion and opening trail/parking areas.

The project will remove/impact 0.36 acre of coastal sage scrub and 2.7 acres of non-native grassland.

Provide compensatory mitigation as required by the City SDP.

Include final requirement and details as SDP condition.

City/JPA Prior to project completion or as specified in SDP condition.

Trail use could further impact sensitive species if not properly maintained and

The JPA Trails Management Plan and Standards shall be updated to add the Pamo segment of the Coast to Crest Trail and management standards shall be

Document update of plan. JPA Prior to trail operation.

39





Timing

managed. adhered to.

CULTURAL RESOURCES

Construction may cause unintended or unanticipated impacts to cultural resources.

The JPA shall retain and use a qualified archaeology monitor and Native American monitor during construction. Monitors have authority to suspend work to assess and document cultural finds and recommend avoidance or capping. JPA shall follow recommended measures.

JPA shall continue consulting with Native American representatives (San Pasqual Band and Iipay Nation) on final construction plans and during design and placement of fencing and signage pertaining to access control in culturally sensitive area.

Confirm construction schedule at pre-construction meeting.

Monitor construction activities to ensure compliance and communicate activities and schedule with monitors.

Communicate and obtain concurrence from identified tribal representatives.

JPA Prior to construction commencement.

During construction.

Trail operation may compact trail into subsurface if not properly capped to cover and protect cultural sites within or adjacent to trail.

Trail that traverses Sites CA-SDI-7933 and CA-SDI-8279 shall be capped during construction per specifications. Finalize capping specifications and implement capping in compliance with JPA and City protocols and in consultation with Native American representatives (San Pasqual Band and Iipay Nation).

SDP permit condition.

Monitor construction activities to ensure compliance and communicate activities and schedule with monitors

City through SDP

JPA

Prior to construction commencement.


40





Timing

Construction activities within 50 feet of sites SDI-7933 and SDI-8279) may impact these sites if additional resources are discovered.

Project cultural resource monitors shall monitor construction activities and have authority to suspend work to assess and document finds and recommend avoidance or capping. JPA shall follow recommended measures.



City through SDP JPA


Construction activities near sites SDI-9790 and SDI-19464 may impact these sites if additional resources are discovered.

Project cultural resource monitors shall monitor construction activities and have authority to suspend work to assess and document finds and recommend avoidance or capping. JPA shall follow recommended measures.



City through SDP JPA


41

42ATTACHMENT 4


SOURCE: USGS Topo

0 1

Miles

Proposed Pamo Trail AlignmentLower Santa Ysabel and Upper Santa Ysabel Truck Trails

Pamo Trail BTR . D140320Figure X

Trail System Surrounding Proposed Pamo Trail Alignment

Lower Santa YsabelTruck Trail (3.2 Miles)

Proposed PamoTrail (3.3 Miles)

Upper Santa YsabelTruck Trail (4.9 Miles)

43 ATTACHMENT 5


Pam

o R

oad

Upper SantaYsabel Truck Trail

Lower SantaYsabel Truck Trail

Pamo Trail BTR . D140320Figure 2

Trail Alignment and Study Area

SOURCE: USGS Topo

Proposed Pamo Trail AlignmentProposed Pamo Trail Alignment Study AreaProposed Pamo Trail Staging Area

0 2,500

Feet

44ATTACHMENT 6



ITEM: 2

SUBJECT: ADOPTION OF BYLAWS

45

Bylaws of the San Dieguito River Valley Regional Open Space Park Joint Powers Authority

Adopted and approved at the May 20, 2016 Board Meeting

Article I Name

The name of this organization is the San Dieguito River Valley Regional Open Space Park Joint Powers Authority (“JPA”) which has been established pursuant Government Code sections 6500 et. seq. The JPA is governed by a board of directors to be known as the “San Dieguito River Valley Regional Open Space Park Board” (hereinafter called “Board”).

Article II Definitions

a. “Public Agencies” means COUNTY OF SAN DIEGO, and cities of DEL MAR,ESCONDIDO, POWAY, SAN DIEGO, and SOLANA BEACH

b. “JEPA” means the AMENDED AND RESTATED JOINT EXERCISE OFPOWERS AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THECITIES OF DEL MAR, ESCONDIDO, POWAY, SAN DIEGO AND SOLANABEACH CREATING THE SAN DIEGUITO RIVER VALLEY REGIONAL OPENSPACE PARK JOINT POWERS AUTHORITY as adopted by the Board and itsmember Public Agencies on or around June, 2015.

c. “Park” means preserved open space properties, public trails, historic structuresand other public recreational facilities and amenities within the boundaries of theFocused Planning Area described in Exhibit A to the JEPA. Some Park propertiesand facilities are owned, leased or managed by the JPA pursuant to conservationeasements or other agreements. Some Park properties and facilities are ownedand managed by other public or private entities.

Emergency situation means:

(1) activities that severely impairs public health, safety, or public resources, asdetermined by a majority vote of the members of the Board; or

(2) a disaster that severely impairs public health, safety, or public resources, as determined by a majority vote of the members of the Board.

d. Public Records Act means the California public records law located at CaliforniaGovernment Code section 6250 et seq., as may be amended.

e. Ralph M. Brown Act means the California open meetings law located at CaliforniaGovernment Code section 54950 et seq., as may be amended.

46


Robert's Rules of Order means the eleventh edition of the publication Robert's Rules of Order (Newly Revised) or as thereafter revised.

Article III Purpose of the JPA

The purpose of the JPA is to jointly exercise the powers of the Public Agencies to acquire, plan, design, improve, manage, operate, and maintain natural open space and recreational facilities within the Park and to work cooperatively with other entities and individuals to preserve and enhance natural open space and recreational facilities within the Park, as set forth in more detail in the JEPA.

Article IV Membership on Board

1. The Board shall consist of nine voting members and one non-voting ex officio advisory representative (“Board Members”) as follows:

a) Two (2) members each from among the elected officials of the governing bodiesof the County of San Diego and the City of San Diego or one (1) elected official and one (1) designee appointed by their respective governmental bodies.

b) One (1) elected member of the City Councils of the cities of Del Mar, Escondido,Poway, and Solana Beach appointed by their respective councils.

c) The Chairperson of the San Dieguito Citizens Advisory Committee is an ex-officio member of the Board.

d) One (1) non-voting ex officio advisory representative appointed by the Board.

2. Board Members shall serve at the pleasure of their appointing authority. EachBoard member may have an alternate who may act in his/her absence. Alternates shall be chosen in the same manner as regular members except that the alternate to the Chairperson of the San Dieguito Citizens Advisory Board shall be the Vice Chairperson of that Board.

Article V Terms of appointment and Vacancies

The term of the appointment and filling of the any vacancies for Public Agency Board Members shall be conducted in accordance with rules and procedures of each Public Agency’s appointing authority.

Article VI No Compensation for Members

Board Members will receive no compensation for their service on the Board. However, members may be reimbursed for expenses they incur in performing their duties for the Board.

- 2 -

47

Article VII Duties and Functions of the Board

In accordance with the JEPA, the Board shall provide overall governance of the JPA.

Article VIII Officers of the Board

The Board shall select its own Chairperson and Vice Chairperson from among the members. The JPA Policy P95-1 further outlines the Board’s procedures for selection of officers.

Article IX Duties of the Officers, Secretary and Executive Director

A. The Chairperson shall be the principal officer of the Board who is responsible for the general supervision and direction of the Board's business. In the absence of the Chairperson, the Vice-Chairperson shall exercise all the powers of the Chairperson.

B. Subject to oversight by the Chairperson, it shall be the duty of the JPA’s Executive Director to: (1) bring all pertinent issues to the attention of the Board; (2) establish the agendas for Board meetings; (3) prepare and present all Board reports and recommendations; and, (4) delegate duties to JPA Staff as necessary.

C. The Secretary to the Board shall be a member of JPA staff designated by the Executive Director unless a majority of the Board directs otherwise. The Secretary shall maintain all Board attendance records and other records of the Board. The Secretary shall prepare and maintain minutes of all Board meetings and shall prepare all written reports and recommendations of the Board. The Secretary shall be the custodian of Board records for purposes of requests made under the Public Records Act.

Article X Subcommittees

The Board may create standing or ad hoc subcommittees to assist the Board in the performance of its duties. Members of standing and ad hoc committees shall include at least two, but not more than four, voting members of the Board. All members of standing subcommittees must be voting members of the Board. Non-members of the Board may be non-voting members of ad hoc subcommittees created by the Board. Meetings of all standing subcommittees and ad hoc subcommittees with non-members of the Board must be held in accordance with the rules established for the Board itself and in accordance with the Ralph M. Brown Act. When and as long as any subcommittees lack sufficient members to constitute a quorum for the conduct of business, the Board Chairperson and/or Vice-Chairperson is authorized to act as a voting member of that subcommittee. The JPA Policy P95-1 further outlines procedures for designating subcommittee members.

- 3 -

48

Article XI Meetings of the Board

All meetings of the Board shall be held in accordance with the Ralph M. Brown Act. If there is any conflict between these rules and the Ralph M. Brown Act, the Ralph M. Brown Act shall prevail.

A. The Board will review and adopt a regular monthly meeting schedule (including the time and place) at or about its November meeting for the following calendar year. Subject to review and approval of the Chairperson, regular meetings may be cancelled by the JPA Executive Director when a quorum of directors is not available or there is insufficient business to warrant a meeting. Notice of the cancellation shall be provided in the same manner as regular meeting agendas and shall be posted at the location of cancelled meeting at the time and on the date it was to be held

B. The subject matter to be considered at regular meetings shall be announced to the public and through a written agenda posted in a location that is freely accessible to members of the public at least 72 hours in advance of such meetings.

C. In addition to its regular meetings, the Board may hold special meetings. Special meetings must be announced to the public and news media through a written notice and agenda posted in a location that is freely accessible to member of the public at least 24 hours prior to such meetings.

D. The Board may hold a special emergency meeting without complying with the 24- hour notice requirement only if an emergency situation exists.

E. The Board may hold closed sessions only for the purposes authorized under the Ralph M. Brown Act and in accordance with the procedures set forth in that Act for closed sessions.

Article XII Agendas

A. Except as provided in Article XIIB, agendas containing a brief general description of each item of business to be transacted or discussed at the Board's meetings shall be posted at the times required by and in accordance with Article XI. The brief description of each item generally need not exceed 20 words.

B. Board Members may discuss items of business not posted on an agenda only after the Board has publicly identified the item and only if at least one of the conditions listed in Article XIIB(I)-(3) is satisfied:

- 4 -

49

(1) The Board has determined by a majority vote that an emergency situation exists; or,

(2) Two-thirds of the members of the Board present at the meeting vote or, if less than two-thirds of the members are present, those members present vote unanimously, that there is a need to take immediate action and that the need for action came to the attention of the Board subsequent to the agenda being posted; or,

(3) The item was posted in accordance with Article XI for a prior meeting of the Board that occurred not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action the is being taken.

Article XIII Public Comment

A. Public comment on agenda items at regular or special meetings of the Board.

(1) Every agenda for regular or special meetings of the Board shall provide an opportunity for members of the public to directly address the Board body concerning each item that has been described in the notice for a particular meeting before or during consideration of that item.

B. Public comment on non-agenda items at a regular meeting of the Board

(1) Every agenda for a regular Board meeting shall provide a period on the agenda for member of the public to address the Board on items of interest to the public that are not on the agenda but are within the jurisdiction of the Board. Subject to the exercise of the Chairperson's discretion for a given agenda, time shall be designated for public comment on non-agenda items at regular meetings.

C. Speakers shall be limited to three minutes each and public comments shall be limited to thirty minutes per subject regardless of the number of people in attendance. The time limit may be waived by either the Chairperson or a majority vote of the members of the Board.

D. The Board may not take action on matters raised during public comment, but Board Members may briefly: i) respond to statements made or questions posed, ii) ask questions for clarification, and, iii) subject to rules and procedures adoptedby the Board, request that staff report back to the Board and/or place the matter on a future agenda.

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50

E. The Board may adopt reasonable rules and regulations governing public comment that are not in conflict with these Bylaws or the Ralph M. Brown Act.

Article XIV Financial

A. The Board of Directors shall approve a final budget no later than June 30 of each year. A copy of the final budget, when adopted, shall be filed with each Public Agency.

B. It is the responsibility of the Public Agencies to provide that portion of the JPA budget that is identified as the Public Agency contributions which calculated by the formula outlined in Section 5 of the JEPA. Payment of this determined sum of money shall be made by each Public Agency by July 15 of each year. If payment by a Public Agency has not been made by September 1 of each year, the voting rights of the Public Agency shall be subject to suspension accordance with Section 7(e) of the JEPA.

Article XV Parliamentary Procedures

Unless otherwise provided in these Bylaws, the procedure for meetings shall be governed by Robert's Rules of Order.

Article XVI Effective Date of Bylaws; Amendments

These Bylaws shall become effective upon approval by majority vote of the Board. These Bylaws may be amended only by majority vote of the Board.

Article XVII Board's Authority to Adopt Rules for Conducting its Business

The Board may adopt rules that are not addressed in these Bylaws that the Board deems necessary to conduct its business. The Board shall adopt the rules by majority vote of the members of the Board. Any rules that the Board adopts must conform to these Bylaws, the JEPA and applicable law.

Article XVIII Conflicts between JEPA Board Rules and Bylaws.

If there is a conflict between these Bylaws, rules, or regulations established by the Board and the JEPA, the JEPA shall prevail.

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51


ITEM: 3

SUBJECT: COASTAL RANGER STATION FINANCING DISCUSSION- ESTABLISHMENT OF AD HOC SUBCOMMITTEE

PRESENTATION ONLY

52


ITEM: 4

SUBJECT: AUTHORIZATION OF JPA TO BECOME A PARTNER IN THE ENCROACHMENT PARTNERSHIP AGREEMENT WITH THE U.S.DEPARTMENT OF THE NAVY/REPI PROGRAM

53

Readiness and Environmental Protection Integration, U.S. Department of Defense

http://www.repi.mil/Home.aspx[5/10/2016 10:39:18 AM]

READINESS AND ENVIRONMENTAL PROTECTION INTEGRATION

Welcome

The Department of Defense (DoD)’s REPI Program is a key tool for combating encroachment that can limit or restrict military training, testing, and operations.

The REPI Program protects these military missions by helping remove or avoid land-use conflicts near installations and addressing regulatory restrictions that inhibit military activities. The REPI Program is administered by the Office of the Secretary of Defense (OSD).

Read more...

2016 Report to Congress

Thirteen years of sustaining mission capabilities with REPI. The 2016 REPI Report to Congress is now available. through Fiscal Year 2015, REPI has protected 437,985 acres in 88 locations across 30 states.

To download the 2016 Report to Congress,

please click here.

State Fact Sheets

For information about REPI activities, DoD economic impact, and partnerships in states with REPI projects, download REPI's

state fact sheets, available under the Resources tab.

Webinars

The 2016 REPI Webinar Series

schedule is now available. The next webinar, How to Develop

Your Sentinel Landscape, will be held on Wednesday, May 25,

2016 at 1:00PM ET.

Please visit the webinar page for more information about upcoming and past webinars, connection instructions, and the REPI Webinar Series.

Newsletter

The REPI Program releases a quarterlynewsletter covering the latest activities,upcoming partner events, media coverage, andtraining opportunities. All newsletter editionscan be found on the Newsletter page. Themost recent edition is Winter 2016.

Click here to subscribe to the REPI Program

First 2016 REPI Challenge Awards Announced

The REPI Program is pleased to announce the first three recipients of funding in the 2016 REPI Challenge cycle. Partnerships at Fort Huachuca (AZ), Fort Hood (TX), and NAS Patuxent River (MD) will receive awards totaling $5.2 million which will be leveraged with over $20 million in partner funding to protect 7,929 acres.

These projects demonstrated extraordinary stakeholder collaboration and will not only help protect military missions at three installations, but also will help to prevent the listing of candidate species, preserve and manage important natural resources, support working lands, provide benefits to Veterans, and open up recreational opportunities for local communities.

Since the REPI Challenge was initiated in 2012, over $29 million in REPI Program funds have been leveraged with over $85 million in partner funding to protect over 73,000 acres around 9 installations.

For more information about the first round of award recipients, download the 2016 REPI Challenge fact sheet

or contact the REPI Program office. To find information about past REPI Challenge projects, visit the REPI

Challenge page.

REPI Story Map

The REPI Story Map is a new tool intended to provide a REPI 101 briefing to audiences unfamiliar with the Program. The Story Map outlines the history, maturation, and growth of the REPI Program and its suite of tools, and contextualizes where the activities have occurred through tandem use of the REPI Interactive Map.

The REPI Story Map, shown below, is available through the REPI Story Map section of the website or at http://www.REPImap.org/storymap.

REPI Interactive Map

The REPI Interactive Map is now available. It can be found under the Resources section of the website, or by going to www.REPImap.org.

Curious to know what it looks like? You can see a screenshot below of all 80 installations with REPI buffer partnerships across the U.S. Using the tool, you will also be able to change the mapping parameters to view all DoD (REPI and non-REPI) installations, installations by Service, and state policy options for supporting military installations and ranges. For more information, access the REPI Interactive Map page under the Resources

HOME ABOUT REPI RESOURCES BUFFER PROJECTS LARGE LANDSCAPES NEWS CONTACT US

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http://www.repi.mil/AboutREPI/FrequentlyAskedQuestions.aspx

http://www.repi.mil/Portals/44/Documents/Reports_to_Congress/REPI2016RTC.pdf



http://www.repi.mil/Resources/StateFactSheets.aspx

http://www.repi.mil/Resources/StateFactSheets.aspx

http://www.repi.mil/Portals/44/Documents/Webinars/2016_REPIwebinar_final.pdf



http://www.repi.mil/Resources/Webinars/20160525.aspx

http://www.repi.mil/Resources/Webinars/20160525.aspx

http://www.repi.mil/Resources/Webinars.aspx

http://www.repi.mil/Resources/Newsletters.aspx

http://createsend.com/t/d-D2B0113C9D451262

https://confirmsubscription.com/h/d/33E9D72CAF1521B6

http://www.repi.mil/Portals/44/Documents/REPI_Challenge/2016%20REPI%20Challenge_042116_final.pdf

http://www.repi.mil/Portals/44/Documents/REPI_Challenge/2016%20REPI%20Challenge_042116_final.pdf

http://www.repi.mil/ContactUs.aspx

http://www.repi.mil/BufferProjects/REPIChallenge.aspx

http://www.repi.mil/BufferProjects/REPIChallenge.aspx

http://www.repi.mil/Resources/REPIInteractiveMap.aspx

http://www.repi.mil/Resources/REPIStoryMap.aspx

http://www.repimap.org/storymap

http://www.repimap.org/

http://www.repi.mil/Resources/REPIInteractiveMap.aspx

http://www.repi.mil/AboutREPI/FrequentlyAskedQuestions.aspx

http://www.repi.mil/Resources/ReportsandFactSheets.aspx

http://www.repi.mil/BufferProjects.aspx

http://www.repi.mil/LargeLandscapes.aspx

http://www.repi.mil/News/2016.aspx

http://www.repi.mil/ContactUs.aspx

Readiness and Environmental Protection Integration, U.S. Department of Defense

http://www.repi.mil/Home.aspx[5/10/2016 10:39:18 AM]

mailing list to receive the quarterly REPIProgram newsletter, Webinar reminders, andother announcements.

section of the website.

REPI in the News

Hawaiian Farmland Preserved through Collaborative Effort. The Hawaii Army Weekly (Schofield Barracks, HI) reports that the REPI Program, the ACUB Program, and the State of Hawaii Legacy Land Conservation Program have recorded a Grant of Conservation Easement that permanently protects 468 acres of productive farmland in Kahuku on Oahu’s North Shore. The parcel is adjacent to the Army’s Kahuku Training Area, as well as military training flight paths, and will protect the Army’s training mission by preventing encroachment that can limit or restrict training activities.

Acres near Fort Harrison Secured as Open Space. The Independent Record (Helena, MT) reports that the Prickly Pear Land Trust recently acquired two parcels, totaling 556 acres, near Fort Harrison. The land was once slated for a subdivision, but instead will have trails and remain in a natural state. The purchase was made possible with funding from the Army Compatible Use Buffer (ACUB) Program. “Having that buffer protects our training areas. We do a lot of small arms training, and we were a little nervous that dense homes wouldn’t be compatible with our uses,” said Maj. Gen. Matthew Quinn, the Adjutant General for Montana.

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