In his latest RSF Post article, Director Phil Trubey seems to have forgotten that all the issues and costs of the illegal grading would not have taken place if the RSFA Board followed the same rules it enforces on all Members. It also would not have happened without the deliberate concealment of important information from the RSFA Board.
Mr. Trubey said in January of 2023: “As a Board member, I am duty bound to give a positive spin on anything the Association does and be a cheerleader for all our initiatives.”
Mr. Trubey has not always blindly accepted RSFA cheerleading. In July 2021 Mr. Trubey, as Editor, wrote a piece in the RSF Post entitled: “Association Violating Own Rules in Golf Course Renovation.” It appears Mr. Trubey had more credibility and was more able to discern the truth before he was elected last year.
In early January 2023 three RSFA Newsletters were sent to all Members announcing receipt of an historic retroactive SD County approval of illegal RSFA Golf Club (GC) grading completed in October 2021 without required permits or inspections.
Illegal Acts Investigation
First, I took the governance problem to the Board. When there was no resolution, I asked for an Informal Dispute Resolution (IDR). The IDR included three Board members, all of whom are GC members. As a result of the IDR, a written contract was executed at the end of June 2022 whereby the Board agreed to direct the Association’s auditor to conduct an “Illegal Acts Investigation” (an accounting industry standard procedure).
The Board has refused to implement this agreement, which would have ended this dispute last summer. Initially the Board represented the “Illegal Acts Investigation” had been performed, but it has not yet been started. So, in late October 2022 there was no alternative other than to file a narrow legal action to enforce the agreement, which did not request monetary damages.
Mr. Trubey is critical of me for filing a lawsuit. Has Director Trubey forgotten that he sued the RSF Association a few years ago?
Director Trubey questions the necessity of deposing RSFA decision makers. Depositions, at my expense, are necessary because of the Board’s failure to perform the “Illegal Acts Investigation,”and the failure to tell the Membership the truth about failing to obtain timely permits.
The GC Project Manager who directed all the illegal grading in 2021 has once again been hired by the RSFA to direct Phase 3. Why? Instead of another payday the Project Manager should be reimbursing the GC for the increased costs caused by his illegal activities in 2021.
Admission
In Mr. Trubey’s March 26 article he states: “Strong, Whittemore and the SDPG alleged that the bury pit could contain hazardous materials, based on zero evidence provided to us.” His statement is not true.
On March 10, 2023, the Association Board was forced to admit in writing what they previously denied:
“4. This agreement is made in the context of the County of San Diego having found as follows: In and around 2021, illegal grading of approximately 28,820 cy of excavation and approximately 21,500 cy of fill (including 1,430 cy of soil import) occurred as part of the Golf Course Masterplan Renovation. On August 13, 2021, Assistant Engineer Alphonso Colmenero from the San Diego County Office of Code Compliance issued a Stop Work Order against the RSF Association. On September 3, 2021, the County of San Diego Planning & Development Services Code Compliance Division issued an Administrative Warning for Grading Violation to the RSF Association. After the Stop Work Order and Administrative Warning for Grading Violation were issued and served on the RSF Association, the unlawful Golf Course renovation grading continued until completion at an unknown date in October 2021.”
“5. As part of what the County of San Diego found to be illegal grading the RSFA Project Development team placed solid waste and other debris in a bury pit located near RSFA Golf Couse hole Number 2.”
Costs
In his recent commentary, Board Member Trubey seeks to shift accountability for the consequences of the illegal acts from those who engaged in them; to those who brought them to the Membership’s attention. Mr. Trubey complains the Association is incurring costs to clean up the bury pit the GC created without the necessary permits, and not because of actions by me, Mr. Whittemore, or the San Dieguito Planning Group.
The total costs of the illegal grading must be determined by an Independent Audit to set the record straight. In January 2021 the Board approved $5.91 million for the entire project, but by August 2021 the total was $7.88 million — almost $2 million higher before I and two other Board members even learned of the Stop Work Order and illegal grading.
At the Special Board Meeting on March 29, 2023, it was indicated Phase 3 for the Driving Range and Practice areas would cost about $4 million. Total project costs have doubled from $5.9 to $11.9 million in just two years.
GC Decisions
All GC construction was directed by the GC Board of Governors who are therefore responsible for the costs. Fortunately, GC cash liquidity is not a problem.
Since the GC knows the location of the “bury pit” it is fairly inexpensive to remove the contents. This could have been done this January for about $50,000. Instead, the GC opposed the SDPG’s condition to remove the contents before starting Phase 3. Had they not opposed this condition, Phase 3 work could have started in early 2023. That was another bad decision by the GC, which increased expenses.
Conclusions
My conscience will not allow me to accept Illegal Acts to become the RFSA Board’s new norm. It results in chaos, discourages needed volunteers, and is beneath the intelligence and dignity of our Members.
Reasonable management practices and following all laws have been abandoned in the past two years.
Essential Board Oversight of the RSF Association is impossible without: Volunteers, information, truth, and complying with all laws.
Elect RSFA Directors who will follow the Law and represent all Members.
Mr. Strong has been an RSFA Member since 1985, and is a former RSF Association Director (2001-04, and 2019-22).
