BILL ANALYSIS
SENATE FOOD and AGRICULTURE COMMITTEE
Senator Dean Florez, Chairman
BILL NO: SB 1177 HEARING: 4/6/10
AUTHOR: Kehoe FISCAL: Yes
VERSION: 2/18/10 CONSULTANT: John Chandler
Agriculture: 22nd District Agricultural Association: greenway
zone.
BACKGROUND AND EXISTING LAW
Over 140 years ago, California began organizing what is today
one of the largest fair systems in the nation. The 54 district
agricultural associations, state agency fairs, are managed under
the Department of Food and Agriculture (CDFA) in the Division of
Fairs and Expositions. Each fair operates with a degree of
autonomy with a board of directors appointed by the governor and
in accordance with state law governing the operation of state
agencies.
The 22nd District Agricultural Association (22nd DAA) manages
and operates the Del Mar Fairgrounds; its nearby equestrian
facility, the Horsepark; and the Del Mar Golf Center, on behalf
of the State of California. Purchased in 1936, the 22nd DAA is
located in San Diego County between the Pacific Ocean and
Interstate 5 in the town of Del Mar.
In 2009 Governor Schwarzenegger proposed selling the 22nd DAA
fairgrounds along with other state properties to help reduce
California's multibillion dollar shortfall. However, during the
budget debate, the sale of the 22nd DAA was removed from
consideration.
The 22nd DAA is currently in the process of developing a 2008
Master Plan for Del Mar Fairgrounds and Horsepark (2008 Master
Plan) to update the 1985 Master Plan. The CDFA Division of
Fairs and Expositions recommends that fairs adopt master plans
in order to qualify for certain types of funding for capitol
projects to assist with the greater self-sufficiency of
fairgrounds statewide. The 2008 Master Plan proposes a number
of physical improvements to the Del Mar Fairgrounds such as new
exhibit halls with rooftop sports fields, condominium hotels,
and other key physical improvements in an attempt to promote the
Del Mar mission as a self-sustainable regional entertainment,
recreational, cultural, and community asset.
SB 1321 (Kehoe) would require that the State Race Track Leasing
SB 1177 - Page 2
Commission prepare each master plan for the property of the 22nd
District Agricultural Association. Currently, this bill is in
the Senate Food and Agriculture Committee.
PROPOSED LAW
SB 1177 would do the following:
Require the 22nd DAA to develop, manage, and maintain a
100-foot wide greenway zone along the north bank of the San
Dieguito River from Interstate 5 to the Burlington Northern
Santa Fe Railroad right-of-way to protect and enhance the
overall environmental quality of the river.
Require the 22nd DAA to develop, manage, and maintain a
public access trail to provide safe travel in the greenway.
This trail shall be designed in consultation with the
Department of Fish and Game and Department of Parks and
Recreation.
Require the 22nd DAA to submit a development plan for
the greenway and public access trail to Department of Fish
and Game and Department of Parks and Recreation prior to
July 1, 2011. Department of Fish and Game and Department
of Parks and Recreation shall review and submit
recommendations prior to January 1, 2012.
Require the 22nd DAA to include recommendations
submitted by Department of Fish and Game and Department of
Parks and Recreation and apply for required permits by
January 1, 2012.
Specify that construction of the greenway be complete by
January 1, 2014.
Prohibit any development or parking in the greenway
zone.
Specify that in the event the 22nd DAA sells the
property or ceases to exist the greenway and public access
trail will remain.
COMMENTS
1.Proponents of this bill state that the 22nd DAA 2008 Master
Plan does not include adequate preservation and accessibility
along the San Dieguito River. SB 1177 would require the 22nd
SB 1177 - Page 3
DAA to develop a 100-foot greenway along the San Dieguito
River and maintain a public access trail. A greenway would
help reduce the impact of the proposed fair development on the
San Dieguito River which is part of a larger 600-acre natural
habitat and Southern California Edison restoration project.
U.S. Fish and Wildlife Service and California Department of
Fish and Game have recommended the 22nd DAA incorporate a
minimum 100-foot buffer along the San Dieguito River to comply
with the Fish and Game Commission Policy on the Retention of
Wetland Acreage and Habitat Values.
2.Opponents state that SB 1177 would severely impact the
financial viability of the 22nd DAA. The 22nd DAA estimates
the impact that the proposed 100-foot greenway across the
southern edge of the fairground would exceed $6 million in
reduced revenues which could threaten the ability of the DAA
to meet their bond pledge covenant required revenue to debt
service of 200% thus violating the bond covenants to which
CDFA, Department of Finance, and Department of General
Services are also pledged. Further, opponents state that the
financial impacts of SB 1177 on the 22nd DAA could include job
loss at the fair and in the community due to reduced
functionality of exhibit halls near the proposed greenway due
to the loss of a service access road and maintenance
facilities within the proposed greenway.
3.Currently, Jimmy Durante Boulevard runs through the proposed
greenway zone and across the San Dieguito River. The author's
office has stated that it is not the intent of this bill to
remove this road or bridge across the river. The committee
may want to consider specifying the author's intent that the
road or bridge not be impacted by the proposed greenway zone.
4.SB 1177 specifies that Department of Fish and Game and
Department of Parks and Recreation submit recommendations to
the 22nd DAA's plan for the greenway zone prior to January 1,
2012. The bill further specifies that the 22nd DAA include
all the recommendations and apply for required permits by
January 1, 2012. This timeline seems very short, not allowing
any time for turnaround or discussion of the recommendations
before requiring the 22nd DAA to apply for all the needed
permits. The committee may want to consider adjusting the
timeline to allow more time between the submission of
recommendations and applications for permits to begin the
project.
5.SB 1177 specifies that in the event the 22nd DAA leaves the
SB 1177 - Page 4
property or ceases to exist the greenway and public access
trail would remain. The committee may wish to consider who
would be responsible for the greenway zone and public access
trail management and maintenance in the event the 22nd DAA
sells the property or ceases to exist.
6.The Senate Rules Committee has doubled referred this bill to
the Senate Natural Resources and Water Committee as the second
committee of referral. Therefore, if this measure is approved
by this committee, the motion should include an action to
re-refer the bill to the Senate Committee on Natural Resources
and Water.
SUPPORT
Buena Vista Audubon Society
California Chaparral Institute
California Native Plant Society
Citizens Coordinate for Century III
City of Del Mar
City of Solana Beach
Coastwalk California
Endangered Habitats League
Friends of the San Dieguito River Valley
Lakeside's River Park Conservancy
Move San Diego
North County Coastal Group of the Sierra Club
Project Wildlife
San Diego Coastkeeper
San Diego County Bicycle Coalition
San Diego County Supervisor Pam Slater-Price
San Diego River Coalition
San Diego River Park Foundation
San Dieguito Lagoon Preservation Committee
San Dieguito River Park Joint Powers Authority
San Dieguito River Valley Conservancy
Sierra Club, San Diego Chapter
The Nature Conservancy
The Trust for Public Land
Torrey Pines Community Planning Board
4 individuals
OPPOSITION
22nd District Agricultural Association
California Thoroughbred Breeders Association
Chuckwagon
SB 1177 - Page 5
Del Mar Race Track Authority
Event Food Services
Kuma Bonsai Nursery
Lori's Concessions
Mendenhall Wool Ranch
Premier Food Services
Rawlings Concessions
Reno's Fish & Chips, Inc.
Sippers and More
Total Graphics, Inc.
Western Fairs Association
10 individuals