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October 17, 2023
ITEM TITLE
Agreement: Approve a Facilities Use License Agreement for Exclusive Use of the Primary Equestrian Arena and Outbuildings at Rohr Park
Report Number: 23-0162
Location: Rohr Park, 4548 Sweetwater Road
Department: Economic Development
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities).
Recommended Action
Adopt a resolution approving a Facilities Use License Agreement between the City and Sunnyside Saddle Club for Exclusive Use of the Primary Equestrian Arena and Outbuildings at Rohr Park.
SUMMARY
Sunnyside Saddle Club was founded sixty years ago and has been located at Rohr Park since 1984. In 1989, the City annexed the land where the club’s arena and outbuildings were located from the County of San Diego.
Although Sunnyside Saddle Club has maintai ned exclusive use of the facility, they had for a long period of time left the gates to the primary equestrian arena unlocked. As a result, many residents of the Bonita community had brought their horses to the facility when Sunnyside Saddle Club was not u sing it, believing the primary equestrian arena was a publicly accessible asset. In recent years, Sunnyside Saddle Club has made considerable investments in the facility that warrant locking the gates to prevent damage to the primary equestrian arena’s footing.
Given that the term of the Facilities Use License Agreement with Sunnyside Saddle Club has expired, the City recommends entering into a new Facilities Use License Agreement with Sunnyside Saddle Club for a term of five years, with an option to extend by another five years. In lieu of paying rent to the City, Sunnyside Saddle Club would continue to be responsible for maintaining the primary equestrian arena and paying all electricity costs.
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ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), because the proposed project consists of leasing an existing facility and would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Sunnyside Saddle Club, a 501(c)(4) non-profit family horsemen’s club, was founded sixty years ago in 1963 by Noel Confer and his sister Shirley when they realized a need for organized horse activities in the Sweetwater Valley and surrounding area. From 1963 to 1984, the club’s arena was moved from various locations including along Conduit Road, Quarry Road and San Miguel Road. In 1984 the club’s primary equestrian arena was built at its present location along Sweetwater Road. At the time, the County of San Diego owned the land and leased it to the Bonita Optimist Club. The Bonita Optimist Club in turn, subleased the facilities to the Sunnyside Saddle Club. In 1989, the City of Chula Vista annexed the land from the County.
Since the City’s annexation of the property in the late eightie s, the City has had agreements in place for Sunnyside Saddle Club’s exclusive use of the facility. The last available fully executed agreement between the City and Sunnyside Saddle Club for exclusive use of the facility expired in June 30, 2022 (Attachment 1). The City has never charged the Sunnyside Saddle Club for use of the facility nor has the City spent an y time or money maintaining the facility.
Throughout the years, Sunnyside Saddle Club has made investments in the facility, including installing new railings for the primary equestrian arena, irrigation and maintaining the outbuildings. In the last several years, the Club has invested $10,000 -$15,000 on installing a new sprinkler system with timers, renting scarifying tractors and hiring contractors to turn up and soften the dirt in the primary equestrian and warm up arenas; as well as termite tenting of the three buildings. Although Sunnyside Saddle Club has maintained exclusive use of the facility, they had for a long period of time left the gates to the primary equestrian arena unlocked. As a result, many residents of the Bonita community had brought their horses to the facility when Sunnyside Saddle Club was not using it, believing the primary equestrian arena was a publicly accessible asset. Within the last year, Sunnyside Saddle Club has made considerable investments into the footing of the primary equestrian arena. To protect the viability of the asset, Sunnyside Saddle Club has opted to begin locking the gates to prevent public use of the primary equestrian arena by individuals that arrive unsupervised and “turn their horses out.” Turning out horses is a term used to describe letting horses run free, untethered. When horses are turned out in the arena s, they often paw, run or trot in a manner that is damaging to the footings.
The Sunnyside Saddle Club is currently applying for a Neighborhood Reinvestment Grant through the office of County Board of Supervisor Nora Vargas to make improvements to the facility for the coming show P a g e | 3
seasons. The grant activities include removing rocks and bringing in new sand and dirt to soften the soil in the arenas; as well as installing new fencing in the warm-up arena.
Since the City no longer has an agreement in place with Sunnyside Saddle Club, the City has permitte d their use of the facility using the City’s reservation system managed by the Parks and Recreation Department.
These reservations of the facility have been managed in the same manner as if an individual were to rent a gazebo or picnic area at a City park.
Sunnyside Saddle Club has recently approached City staff with a request that the City enter into a new exclusive facility use agreement with their organization. Sunnyside Saddle Club has expressed interest in opening the facility for approved equestrian u se to individual members of the community who do not compete in the club’s horse shows, as long as they become associated members of the club. Becoming an associate member would require paying dues in the amount of approximately $8 - $10 per month.
Staff has negotiated with Sunnyside Saddle Club on the terms of a new Facilities Use License Agreement and has drafted an agreement that would allow for exclusive use of the facility for a five-year term with one five- year option to extend. In lieu of paying rent to the City, Sunnyside Saddle Club would be responsible for maintaining the primary equestrian arena and paying electricity costs. Staff recommends entering into a new Facilities License Use Agreement with Sunnyside Saddle Club (Attachment 2).
The Facilities License Use Agreement would allow for Sunnyside Saddle Club’s exclusive use of the primary equestrian arena, outbuildings, bleachers and irrigation systems at the facility. These components are referred to as the “Primary Facility.” In addition to these components, there is also a warm -up arena, turn- out arena, turnout ring and parking areas that are referred to as the “Associated Faci lity.” In addition to maintaining exclusive use of the Primary Facility, Sunnyside Saddle Club would have use of the Associated Facility for up to twenty calendar days per year during which shows and competitions occur.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real p roperty-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.).
Staff is not independently aware, and has not been infor med by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current fiscal impact by adoption of this resolution. Continuing the relationship with Sunnyside Saddle Club reduces any impact on the General Fund for maintenance of the facility.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this resolution. Continuing the relationship with Sunnyside Saddle Club reduces any impact on the General Fund for maintenance of the facility.
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ATTACHMENTS
1. Facilities Use Agreement with Sunnyside Saddle Club, July 1, 2020
2. Draft Facilities Agreement with Sunnyside Saddle Club, October 18, 2023
Staff Contact: Kevin Pointer, Principal Economic Development Specialist Eric Crockett, Deputy City Manager