NOTICE of MEETING the 22Nd DAA Board of Directors Meeting Is Scheduled for Tuesday, May 23, 2017 at 1:30 P.M., Board Room, Del M
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NOTICE OF MEETING The 22nd DAA Board of Directors meeting is scheduled for Tuesday, May 23, 2017 at 1:30 p.m., Board Room, Del Mar Fairgrounds, 2260 Jimmy Durante Blvd., Del Mar, California, to consider the attached agenda. 22nd District Agricultural Association Board of Directors Russ Penniman, President Kathlyn Mead, Director Stephen Shewmaker, Vice-President Richard Valdez, Director Frederick Schenk, Director Lee Haydu, Director Lisa Barkett, Director Pierre Sleiman, Director David Watson, Director *This notice is also available on the Internet at: www.delmarfairgrounds.com MISSION STATEMENT To manage and promote a world class, multi-use, public assembly facility with an emphasis on agriculture, education, entertainment, and recreation in a fiscally sound and environmentally conscientious manner for the benefit of all. DEL MAR FAIRGROUNDS BOARD OF DIRECTORS MEETING MAY 23, 2017, 1:30 p.m. AGENDA Those persons wishing to attend the meeting and who may require special accommodations pursuant to the provisions of the Americans with Disabilities Act are requested to contact the office of the General Manager, (858) 755-1161, at least five working days prior to the meeting to insure the proper arrangements can be made. Items listed on this Agenda may be considered in any order, at the discretion of the chairperson. This Agenda, and all notices required by the California Bagley-Keene Open Meeting Act, are available on the Internet at: www.delmarfairgrounds.com I. CALL TO ORDER – PRESIDENT RUSS PENNIMAN II. ROLL CALL III. CONSENT CALENDAR The items on the Consent Calendar will be enacted in accordance with recommended action under one motion unless trailed from the Consent Calendar by the Board. Any member wishing to trail an item from the Consent Calendar should notify the General Manager prior to the meeting. Trailed items will be considered after the motion to approve the Consent Calendar. Page: A. Minutes, Regular Meeting, April 11, 2017 5-8 B. Out of State Travel 9 C. 2017 San Diego County Fair Exhibits Judges & Volunteer Agreements 10-11 D. 2017 San Diego County Fair Midway Ride Agreement 12 E. Sponsorship Agreements 13 F. Contract Approvals 14 G. Insurance Renewals 15-19 IV. MANAGER’S REPORT 20 The Board may take approval action on the Manager’s Report: A. Events Report (Informational) 21-23 B. Don Diego Scholarship Foundation Report (Informational) 20 C. Good Life Festival (Informational/Action) 20 1. Proposed cannabis event policies (Action Item) 20 D. Notice of Next Board meeting – August 8, 2017 (Informational) 20 E. Other (Informational) --- V. COMMITTEE REPORTS The Board may take approval action on Committee Reports and New Committee Assignments: A. Fair Operations Committee – Frederick Schenk, Chair 24 1. 2017 San Diego County Fair Preview (Informational) 25-28 2. 2017 San Diego County Fair Grandstand Entertainment Contract Approvals (Action Item) 29 3. 2017 San Diego County Fair Grounds Entertainment Contracts (Informational/Action) 30-32 B. DMTC Liaison/Satellite Wagering Committee – Russ Penniman, Chair 33 1. DMTC First Quarter Report (Informational) 34-37 2. State of the Horse Racing Industry (Informational) 33 3. Preview of the 2017 Race Meets (Informational) 33 4. Satellite Wagering Report (Informational) 38-39 C. Contracts/Food & Beverage Committee – Lisa Barkett, Chair 40 1. Premier P & L Statement – March & April 2017 (Informational/Action) 41-2 D. Agriculture/Livestock Committee – Pierre Sleiman, Chair 43 1. A report from the San Diego County Farm Bureau on the commercial production of cannabis (Informational) 43 E. Community Relations Committee - David Watson, Chair 44 1. Meeting with Representatives from Del Mar & Solana Beach (Informational) 44 F. Land Use/Environmental Committee – David Watson, Chair 45 1. Committee Report (Informational) 45 G. SSRP Alternative Uses – Steve Shewmaker, Chair 46 1. Surfside Concert Venue Update (Informational) 2. Request to approve the SSRP Renovation project based on the design presented to the DAA board on April 11, 2017, with a budget not to exceed $13.2 million based on the Spending Plan presented to the DAA board on April 11, 2017, and find that the project is exempt from CEQA per Guidelines section 15301 (remodel of existing facility) and Guidelines section 15061(b)(3) (evidence in the record supports concluding the project will have no impact on the environment), and further direct staff to work with the California Coastal Commission as expeditiously as possible to either obtain an amendment to the facility’s existing Coastal Development Permit or obtain a Coastal staff determination no amendment is required (Action Item). 47-51 H. Horse Show/Horsepark Committee – Russ Penniman, Chair 52 1. 2017 Del Mar National Horse Show Report (Informational) 53-54 I. Finance Committee – Russ Penniman, Chair 55 1. Committee Report (Informational/Action) 55 J. Personnel/Employee Compensation Committee – Steve Shewmaker, Chair 56 1. Committee Report (Informational) 56 K. Government Relations Committee – Steve Shewmaker, Chair 57 1. Committee Report (Informational) 57 L. Legal Committee – Richard Valdez, Chair 58 1. Committee Report (Informational/Action) 58 VI. PUBLIC COMMENT Speakers are requested to sign in prior to the start of the meeting and are limited to three minutes. Speaker’s time may be modified based on the # of public speakers. Public comment is allowed on issues NOT on the current Agenda. However, no debate by the Board shall be permitted on such public comments and no action will be taken on such public comment items at this time, as law requires formal public notice prior to any action on a docket item. Comments will be accepted on Agenda items during the meeting. Speakers wishing to address the Board on items on the agenda are requested to sign in prior to the start of the meeting and identify the agenda item(s) on which you desire to address the Board. VII. DIRECTORS REQUESTS 59 A. Board Communication (Informational/Action) 60-61 VIII. CLOSED EXECUTIVE SESSIONS (NOT OPEN TO THE PUBLIC) Pursuant to the authority of Government Code section 11126(a), (b), and (e), the Board of Directors will meet in closed executive sessions. The purpose of these executive sessions is: 1. To confer with and receive advice from legal counsel regarding potential litigation involving the 22nd District Agricultural Association. Based on existing facts and circumstances, there is significant exposure to litigation against the 22nd District Agricultural Association. 2. To confer with and receive advice from legal counsel regarding potential litigation involving the 22nd District Agricultural Association. Based on existing facts and circumstances, the Board of Directors will decide whether to initiate litigation. 3. To confer with counsel, discuss, and consider the following pending litigation to which the 22nd District Agricultural Association is a party. Jose Luis Morales v. 22nd District Agricultural Association, 4th District Court of Appeal, Division 1, Case No. D067247 4. To confer with counsel, discuss, and consider the following pending litigation to which the 22nd District Agricultural Association is a party: Gillian Brown v. 22nd District Agricultural Association, United States District Court, Southern District of California, Case No. 15CV2578 5. To confer with counsel, discuss, and consider the following pending litigation to which the 22nd District Agricultural Association is a party: Aegis Software, Inc. v. 22nd District Agricultural Association, United States District Court, Southern District of California, Case No. 15CV2956 6. To confer with counsel, discuss, and consider the following pending litigation to which the 22nd District Agricultural Association is a party: Arthur Senteno v. 22nd District Agricultural Association, San Diego County Superior Court, Case No. 37-2016-00005557-CU-WT-CTL. 7. To confer with counsel, discuss, and consider the following pending litigation to which the 22nd District Agricultural Association is a party: Sierra Club v. 22nd District Agricultural Association, San Diego County Superior Court, Case No. 37-2011-00091507-CU-TT-CTL. IX. RECONVENE TO OPEN SESSION A. Report on actions, if any, taken by the Board in closed executive session. X. DIRECTORS CLOSING COMMENTS XI. FOR YOUR INFORMATION A. 22nd DAA Financial Statements 62-63 B. Satellite Wagering Operating Statement 64 C. RTA & RTLC Financial Reports 65-66 D. Correspondence --- XII. ADJOURNMENT 22nd DISTRICT AGRICULTURAL ASSOCIATION Board of Directors Meeting Del Mar Fairgrounds April 11, 2017 MINUTES The regularly scheduled meeting of the 22nd District Agricultural Association, Board of Directors met in the Boardroom at the Del Mar Fairgrounds on April 11, 2017 at 1:30 p.m. OFFICERS PRESENT: Russ Penniman, President Stephen Shewmaker, Vice President Tim Fennell, Manager, Secretary-Treasurer DIRECTORS PRESENT Lisa Barkett, Lee Haydu, Kathlyn Mead, Frederick Schenk, David Watson DIRECTORS/OFFICERS ABSENCE Pierre Sleiman & Richard Valdez OTHERS PRESENT Josh Caplan, Deputy Attorney General Phillip Hoos, Deputy Attorney General Gary Reist, Deputy General Manager, 22nd DAA Rita Walz, Chief Financial Officer – 22nd DAA Donna O’Leary, Executive Assistant – 22nd DAA CALL TO ORDER President Russ Penniman called the meeting to order at 1:30 p.m. with a quorum present. ROLL CALL All Directors were present except for Directors Pierre Sleiman and Richard Valdez who had excused absences and Kathlyn Mead who was running late. Director Mead arrived after the Consent Calendar vote. CONSENT CALENDAR Director