SEPTEMBER 2016 – VOL 6, 9
YOUR COMMUNITY WATCHDOG
Community Common Sense
In this Issue... San Juan Capistrano More than Half of 27.5 Million Eastern Open Space Leased to Private Businesses, Subsidized by Taxpayers Page 1 City Council Progress Report Page 3
More than Half of $27.5 Million Eastern Open Space Leased to Private Businesses, Subsidized by Taxpayers Did you vote to give the open space you are paying for to private businesses so they can generate profits? That is what is happening with more than half of the 132-acre “open space” San Juan residents voted to purchase in 2009 at Ortega and La Pata. The remaining open space is largely unusable hilly land or protected conservation easements. The two open space parcels monopolized by private businesses are the 70-acre Riding Park, used by a business that makes money from elite Hunter-Jumper and Dressage competitions, and a 2.4-acre parcel previously leased to The Oaks when it was owned by Joan Irvine-Smith who used the 2.4 acres as an adjunct to her neighboring equestrian facility. The City collects only $4,800 per year from the developer for this open space parcel while SJC taxpayers pay approximately $37,000 per year in interest on the bond payment. In addition, a boarder claimed that the developer is leasing horse “turn outs” for $1,000 per month each on the property, a claim the developer denies.
Legal Costs Paid by SJC Taxpayers 2013 - Present Pages 4 & 5 Court Invalidates Approval of Proposed "Urban Village" Downtown Development Page 6 Letters to the Editor Page 7 San Juan Capistrano's Juaneño Indian Heritage (Part III of III): The Great Resurgam Pages 8 & 9 City Code Enforement Takes Action on Riding Park Violations Pages 10 & 11 Residents, Local Western Equestrians Weigh in on Proposed Uses for Public Open Space Page 12
The lease of the publicly owned open space to a private company restricts the public from using it.
Since February 2016, the ownership and lease of the 2.4 acres has been discussed by both the Trails and Equestrian Commission, and the Parks, Recreation, Senior and Youth Services Commission. Both commissions recommended that the City Council approve removal of the fence and giving use of the property to the residents who are paying for it, as promised in Measure Y, the Open Space bond measure. Instead of acting on the commissions’ recommendation, the issue was discussed by the City Council behind closed doors, and was sent back to the commissions to discuss potential uses of the taxpayer-owned property. (see article on page 12).
Lease of the 2.4 Acres; Is it Legal? When Joan Irvine-Smith sold her equestrian facility known as “The Oaks” to developer Bill Davidson in 2013, her License Agreement with the City prohibited assumption of the lease of the 2.4 acre parcel of publicly-owned open space without prior written consent. The original 2010 License Agreement states, “LICENSEE may not assign, sublet or otherwise transfer its interest under this Agreement without the prior written consent of the LICENSOR [the City]. Any attempted assignment, sublet or transfer of this provision shall be null and void.” (see the entire 2010 Oaks License Agreement at: www.ccsense.com). We can find no prior written consent, yet the license agreement was somehow transferred to the new property owner. • It is unknown why the City allowed Davidson to assume the License Agreement/lease of property that belongs to and is paid for by the public. • It is also unknown why the developer is being charged only $4,800 per year for the acreage, when the interest payment on the parcel paid by SJC taxpayers amounts to an estimated $37,000 per year.
Although it is unknown who may be behind the effort to continue to lease the taxpayer-owned property to the developer, a recent article in the Wall Street Journal about the Davidson “equestrian lifestyle” residential development quotes Councilman Sam Allevato about Davidson’s development; “Mr. Davidson’s final plans for the project were well-received by neighbors and city officials. He got unanimous approval from both the city’s planning commission and city council—a rarity... They walked in and were able to build it with just some minor tweaks,” Mr. Allevato said (to read the WSJ Davidson Development article, visit: www.ccsense.com under “Community Links“). How do you feel about taxpayer-owned open space being given to private businesses for their own use? The CCS wants to hear from you! Email us at: eboard@ccsense.com. Your name will not be printed without your permission.
Community Common Sense
Community Common Sense
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Copyright © 2016, All Rights Reserved Commonsense.com LLC
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Letters and Articles for consideration must meet submission guidelines, are subject to editorial adjustment and may be sent to: eboard@ccsense.com
Editor: Kim Lefner Advertising/Sales: Kim McCarthy Phone: (949)275-8800
City Council Progress Report
Operations/Distribution: Alvin Ehrig
Now that we are facing an election for two new City Council members in November, we thought we would take a look back at the accomplishments of the current City Council majority. Below is a partial list of some of the council actions that impact SJC residents' quality of life. ♦ Implemented Sports Park fields rehabilitation program (re-seeding, watering and ongoing maintenance) ♦ Listed SJC street maintenance as a #1 priority, and obtained $6 million in county funding to improve San Juan streets
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♦ Approved adding signal and crosswalk on Rancho Viejo & Paseo Espada for safety of seniors and students
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♦ Turned down 2 development projects that were too large for their proposed locations (Laguna Glen and Urban Village) ♦ Replaced proposed strip mall across from the Mission with 4-star "Inn at the Mission" Hotel
About the Community Common Sense
♦ Replace Urban Village residential/hotel development with boutique "Hotel Capistrano by Kimpton"
The CCS is a non-partisan community watchdog publication, distributed to homes and businesses in our local communities.
♦ Limited commercial photography in historic Los Rios neighborhood to improve residents' quality of life ♦ Approved and implemented Putuidem/Juaneno Band of Mission Indians/Acjachamen Nation Cultural Heritage Center at Northwest Open Space ♦ Approved and dedicated space for Skateboard Park at the Sports Park (after 10 years of discussion) ♦ Approved and established Trolley program funded by OCTA to increase mobility and parking options for downtown visitors
We were established in 2009 by a group of residents who recognize that tax dollars are often spent in ways that enrich a select few, while average residents are left with the resulting increases to cost of living, traffic and debt. We believe knowledge is power, and are committed to reporting facts not offered in other publications. Aided by Public Records Act requests for information and extensive research, we print fact-based information about fiscal and quality of life issues which enables residents to make educated decisions about local leadership.
We do the homework – you decide!
♦ Hired a broker to sell surplus city-owned property ♦ Created needed equestrian improvements at Reata Park and at the Northwest Open Space ♦ Assisted El Nido Mobile Home Park residents with obtaining fair hearings against large rent increases ♦ Continuing to close out litigation from previous council's tenure (see article pages 4 & 5)
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Community Common Sense
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LEGAL COSTS PAID BY SJC TAXPAYERS 2013 - PRESENT Councilman Sam Allevato has repeatedly claimed that the current City Council majority is “responsible for eleven lawsuits” totaling “millions of dollars”. We decided to do some fact checking to see when lawsuits against the City were filed amounting to more than $10,000, and how much the City taxpayers paid to defend and/or settle each case*. We submitted a Public Records request for information dating back to 2013, the year prior to the election of the present council majority. The results are listed below.
LAWSUIT NAME & BRIEF DESCRIPTION
BASED ON ACTIONS OF PREVIOUS OR PRESENT CITY COUNCIL
STATUS; LEGAL AND/ OR SETTLEMENT FEES PAID
Capistrano Taxpayers Association (CTA) v. SJC After approving a 40% increase in water rates, City Council majority members Sam Allevato, Larry Kramer and John Taylor ignored warnings by CTA that the new “tiered” water rates were illegal. CTA filed a lawsuit that claimed the rates violated Proposition 218, which protects taxpayers from being charged more for an essential service than what it actually costs to deliver it.
Previous Council Majority
OC Superior Court Judge ruled in favor of the CTA. Council majority members Allevato, Kramer and Taylor voted to appeal verdict
SJC v. Capistrano Taxpayers Association After losing in OC Superior Court, City Councilmembers Allevato, Kramer and Taylor voted to appeal the court ruling which found that the city was using tiered water rates that violated Proposition 218.
Previous Council Majority
CTA won again. City paid attorney fees and court costs totaling approximately $1.28 million, plus water refunds. (see class action lawsuit for water rate refunds below)
Commonsense.com, LLC v. SJC and Councilmembers Sam Allevato, Larry Kramer and John Taylor Councilmembers Allevato, Kramer and Taylor voted in closed session to ban newsracks from city property. Our publication was also prohibited from distributing our paper on City property. We filed a legal action, asserting our First Amendment right to free speech. The judge agreed with CCS and restored our paper to City property.
Previous Council Majority
SJC and Councilmembers Sam Allevato, Larry Kramer and John Taylor v. Commonsense.com, LLC The councilmembers filed an “Anti-SLAAP” motion against the CCS, claiming that CCS’ objection to banning the newspaper violated the councilmembers’ First Amendment right to free speech.
Previous Council Majority
City settled, paying attorney fees and court costs (see above)
Vermeulen Ranch Center and Spieker Senior Development Partners, LLC v. SJC After a successful referendum to overturn approval by Council members Allevato, Kramer and Taylor of high-intensity residential development on former agricultural property, the developer and landowner sued the City, claiming entitlement to re-zone the property to allow for residential development (see “Vermeulen Lawsuit” at: www. ccsense.com).
Previous Council Majority
On-going. Legal fees to date: approximately $195,000
Urban Village Development Company, LLC v. SJC The developer sued the City for adopting a referendum (certified by the Registrar of Voters) which allowed the current council majority to overturn the previous council majority (Allevato, Kramer & Taylor)’s approval of a downtown hotel/residential project. The project was challenged due to its inconsistency with the City’s General Plan and the Historic Town Center Plan (see “Save our Historic Town Center” lawsuit on page 5). The court concluded that the previous council’s approval of the Urban Village project was not consistent with the City's General Plan.
Previous Council Majority
On-going. Legal fees to date: approximately $70,000
Community Common Sense
City settled, paying attorney fees and court costs totaling approximately $60,000
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LAWSUIT NAME & BRIEF DESCRIPTION
BASED ON ACTIONS OF PREVIOUS OR PRESENT CITY COUNCIL
STATUS; LEGAL AND/ OR SETTLEMENT FEES PAID
Save our Historic Town Center Mark Nielsen, Kenneth E. Friess, Robert J. Williams v. SJC Councilmembers Allevato, Kramer and Taylor voted to approve the “Urban Village” downtown development plan despite warnings from the City Attorney that the plan was not in conformance with the Historic Town Center Master Plan. A group of residents filed a lawsuit challenging the approval which took place at 3 AM. (see article, page 6)
Previous Council Majority
Judge ruled in favor of Save our Historic Town Center and mandated that the City vacate the previous council members' vote (see article page 6). Legal fees to date: approximately $70,000.
San Juan Hills Golf Club, LP v. SJC The golf course sued the city over their riparian rights to water, claiming that the city illegally drained their water level to dangerously low levels, damaging their grounds (see “San Juan Hills Golf Club vs. City of SJC” at: www.ccsense.com under “Community Links”).
Previous Council Majority
City settled. Legal and settlement fees to date: approximately $4.5 mil lion*.
Hootan Daneshmand, Lauri McIntosh, Brian Montgomery v. SJC Residents filed a class action lawsuit against the City for full refund of water charges. An Appellate Court ruled they were illegally overcharged for a period of 4 years but the City only refunded 1 year of overcharges (see “Class Action Lawsuit – SJC Water Rates” at: www. ccsense.com under “Community Links”). .
Water rate lawsuit resulted from actions of previous Council majority; current Council members Ferguson, Perry and Reeve approved 1 year of refunds
Jeffrey Cotton and Shannon Cotton v. SJC The Cottons filed a lawsuit asserting riparian water rights on property they purchased. The City was named in the lawsuit as the successor to the Capistrano Valley Water District, which was a defendant in the lawsuit (see “Cotton v. SJC” at: www.ccsense.com under “Community Links”).
*Shared costs with the Joint Powers Authority and San Juan Basin Authority
Water drawn during Previous Council’s term, but continued into present Council term
On-going. Legal fees to date: approx imately $46,000, plus water rate refunds paid to date as a result of the illegal billing: approximately $3.5 million
On-going. Legal fees to date: approximately $146,000
Southwest Voter Education Project, Tina Auclair and Louie Camacho v. SJC Tina Auclair and Louie Camacho filed a lawsuit against the City claiming election process is “racist”. Lawsuit demanded that the City be divided into districts to represent Hispanic minorities. Voters may only vote for candidates within their assigned voting districts. (see “Auclair/Camacho SW Voter Ed Lawsuit” at www.ccsense.com under “Community Links”).
City settled, agreeing to divide City into 5 voting "districts". The City reported approximately $9000 in legal fees paid to City’s attorneys to date however, court records reflect additional fees of approximately $50,000 to date submitted to the court by Auclair & Camacho’s attorneys
Total
$9,225,000.00 (approximate) *Source: City of San Juan Capistrano, OC Superior Court
Community Common Sense
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Court Invalidates Previous Council Majority’s Approval of Proposed “Urban Village” Downtown Development On August 23, 2016 an OC Superior Court judge invalidated approval of the proposed “Urban Village” hotel and residential downtown development. The project was approved by the previous council majority of Sam Allevato, Larry Kramer and John Taylor, despite warnings from the City Attorney and City Manager that the project was not in compliance with the City’s General Plan. The order mandated that the City vacate the project approval. Previous Council Majority Current Council Majority
Councilman Sam Allevato
Former Councilman Larry Kramer
The action by the previous council majority spawned several lawsuits, including one filed by a group of residents against the then-Council majority’s approval. In “Save Our Historic Town Center v. City of San Juan Capistrano”, residents claimed that the project was not in compliance with the General Plan or the Historic Town Center Master Plan.
The project approval was also the subject of a referendum, approved by a majority of SJC voters and certified by the Registrar of Voters, to overturn the vote of the previous council majority. Although the referendum was successful, the Former developer filed a lawsuit Councilman seeking to invalidate it John Taylor and the subsequent vote of the current council majority which overturned it. It is unknown at this time how or if the court ruling will render as moot the developer’s lawsuit to invalidate the referendum. The ruling stated that the vote to approve the downtown development was invalid as the proposed development violated the City’s General Plan which does not allow
residential housing downtown, and that the Floor Area Ratio (size) was nearly three times greater than what is allowed. The decision caps nearly 2 years of turmoil and expensive litgation. The court ruling vindicates Mayor Pam Patterson and Mayor Pro Tem Kerry Ferguson who as newly elected councilmembers, voted with incumbent Councilman Derek Reeve and now-retired Councilman Roy Byrnes to overturn the previous council’s approval. The council members were harshly criticized by supporters of the development for approving the referendum and overturning the project approval. Referendum supporters on the other hand, called the 3 AM vote by the previous council “reckless and illegal” and criticized them for ignoring residents in the community. The CCS will keep you posted with any additional details as they become available.
Mayor Pam Patterson
i-
Mayor Pro Tem Kerry Ferguson
Retired Councilman Dr. Roy Byrnes
Councilman Derek Reeve
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Letters to the Editor Editor’s note: Due to space limitations, we are only able to reprint a few of the letters we received. Unlike other publications, we offer to protect the identity of letter writers. As a publication that has been targeted and ultimately banned for exposing the truth about local governance, we know better than most about retaliation by community members, including elected officials, who have an opposing point of view. In an effort to shield our readers from such retaliation, we offer to withhold their names from letters and list only the city in which they live.
SDG&E No Friend to SJC Residents
The local San Juan Capistrano Chamber of Commerce voted to support SDG&E’s doubling of their substation in the middle of our family neighborhoods, schools, and Mission - instead of a perfectly good alternative location in Rancho Mission Viejo east of town. The new Chamber Board just named as their Ambassador, Steve Behmerwohld who along with SDG&E representative Duane Cave, stole permitted signs from a rally our families had organized to oppose the expanded substation. Steve Behmerwohld took down signs while volunteering as an “ASAP” senior police services volunteer, and consequently had to resign. Duane Cave refused to return the signs as requested by former City Manager Karen Brust. SDG&E works with our State, Chamber and our City, to promote projects that are destructive to SJC families' health and property values, yet they try to portray us and others who "have their number" as ignorant, overreactors who don't know what we're talking about. Name withheld SJC resident
Why No Watering of Ortega Trees?
Highway so-called “chokepoint” – as if having dead trees and plants will be part of the answer to the road widening. Some trees are already dead and others appear to be suffering from lack of water. The City, having reduced water usage by far more than required or requested, ought to look into keeping our mature street trees alive and well. Lack of water weakens these trees to pests that can also kill them off. Please reverse this practice, and turn on the water for our trees! I have previously written and write again, thanking our Council Members for blocking the widening of the Ortega Highway. Catherine Croisette SJC resident
Sick of “Bias” I am so sick of your extreme bias against the horse park in San Juan Capistrano. Having a world class horse events center is such a benefit to our community and we all should embrace it and cherish it instead of bashing it and wanting more soccer, baseball, football fields. Don’t we already have enough of those? There are numerous community events held at the park. It is so obvious that there is some sort of personal vendetta going on. Your paper is so slanted and definitely written by a vocal minortity. And Ortega needs to be widened. I can’t wait for the next elections.
Please pass on my concerns to our City Council members about Lauren Horn what appears to be the intentional SJC resident non-watering of mature trees and plant material along the Ortega
Hold Riding Park Accountable My husband and I support an investigation of the outrageous misuse of tax payer property [at the Riding Park] and appreciate the investigation under way. Residents should get frequent and either free or inexpensive use of the property, along with [collecting] reasonable rent from the Brandes, if they are even allowed to stay, given the many safety liabilities and broken rules. Think like a Trump and negotiate a MUCH better deal! Name withheld SJC residents
Open Up the Open Space I saw the pictures in the recent CCS and can't believe that our open space is being abused in this way. What is the city doing about this? Why is that business even allowed to use our open space to make money? This is really appalling. I hope the city manager does something about this situation - like open up the property for us all to use. That's what we voted for after all. Thanks for reporting on this. Name withheld SJC resident
violation after violation of city and state codes! Sacred lands are being abused and desecrated usage conditions were put in place to protect those sacred lands and yet the pictures show the exact opposite. Electrical next to very dry brush, chemicals being stored out in the open, polluted water draining in multiple spots including next to federally protected habitat, mattresses, a makeshift bathroom - seriously? This list goes on: broken RV hoses, appearances of long term tenancy (a satellite dish), a nurseries empty pots. It leaves one to wonder how much more is going on that wasn't able to be photographed. These photos tell a story of disregard for city laws, the photos tell a story of look what the riding park can get away with.... It is hoped the city will step in and take whatever measures necessary to make sure the riding park is in compliance on every single square foot of land they cover. It is up to the city to enforce the protection of the open spaces and ancestral lands that San Juan Capistrano is very proud of...please do so. Respectfully submitted, Board of Directors, Capistrano Historical Alliance Committee
The Riding Park: Open Space or Commercial Business? How refreshing to see the truth revealed, especially to many who were unaware of what was going on on Sacred lands....The photos clearly show the Riding Park committing
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San Juan Capistrano’s Juaneño Indian Heritage (Part III of III) THE GREAT RESURGAM
By Jerry Nieblas, as told to Janice Pickartz
The great RESURGAM had begun. With the Old Mission's restoration underway and having fought a hard battle to keep it alive, the Juanenos claimed their land, livestock and their way of life again. By taking stock in how far they'd come, the Juanenos saw that they were the very backbone of the Old Mission and San Juan Capistrano's re-birth.
The Juanenos reclaim land and livestock. Photo courtesy of San Juan Historical Society
In 1887, the railroad came to town. This mixed blessing brought cattle, sheep, grain and perishables. The railway brought tourismvisitors were travelers, authors, artists and educators. However, it also brought expansion and development. While businesses began to prosper, the Juanenos remained steadfast and cautious towards modern times that came with the railroad.
The RESURGAM had begun; the Juanenos would rebuild their Mission.
The Juanenos were turned away from the Old Photo courtesy of San Juan Historical Society Mission and became victims of the political unrest, thanks to governments in chaos. They were forced to integrate themselves amongst the changes. Through the turmoil and upheavals, the Juanenos made sure the large Ranchos thrived, (many other large Ranchos in surrounding areas were dying off) their crops flourished, and finally their Old Mission restored by their own hands. Defeat was never an option before and certainly wouldn't be now. As the town expanded over time, it witnessed the growth of tourism, new residents and business. In 1910, Right Reverend Monsignor St. John O'Sullivan was put in charge of the Old Mission. He put up fencing, creating a place The local depot and railroad; things would that guests wanted to visit and parishioners never be the same. would call their home. Being a descendant of Photo courtesy of San Juan Historical Society Mission lands, being of Catholic faith, having the knowledge of Catholicism and local history was required to work at the Old Mission. The Juanenos had the faith, the knowledge and history and that's who embraced the guests. They welcomed ALL guests, while always maintaining genuine, sincere Franciscan hospitality up until Reverend Monsignor Paul Martin retired from the Mission in 2003, with great humility and acceptance. The Juaneno men also proudly served their country, (WWI, WWII, Korea & Vietnam-for many years their contribution considered so great an honor that a list titled Honor Roll of This Parish hung in the back of Saint Serra Chapel with their names so people could take a moment and remember their sacrifice - the Honor Roll has since vanished.) As we enter current time, sadly so much has changed. The layers of history have not been Community Common Sense
The Right Reverend Monsignor St. John O’Sullivan.
Photo courtesy of San Juan Historical Society
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kind to the Juanenos, their lives, their beliefs & culture, their kindness, humility and faith, their sacred lands and their hearts. Beautiful hills once covered with wild roses, poppies, mustard seed, sweet peas and hollyhock are now dotted with houses. Crisp and clear creeks have been dammed up, resulting in water flow being altered and re-directed. The acres of farmland and crops have been ripped from the earth and replaced with asphalt. The corn fields and orange SJC bursting with prosperous agriculture. groves have been replaced Photo courtesy of San Juan Historical Society with condominiums and Old San Juan in all her glory. Photo courtesy of San Juan Historical Society retail centers. There's no deer, few opossum, skunks, squirrels and rabbits. The natural landscape has been desecrated, neglected, abused and forever scarred. And, the air that hung heavy with the scent of orange blossoms is now polluted with exhaust fumes from too many vehicles. Skies once black with swallows returning on St. Joseph's Day are blue on March 19th. The behavior of those swallows many years ago, told the Juanenos what weather was to come and now, swallows are rarely seen in town. St. Joseph's Day used to be a day for the town to celebrate their beloved bird, gather to share food and stories. Now, it's a shoot 'em up, bang, bang cowboy show. The swallows have left for quieter, open spaces. They won't be back no matter how many artificial means the Mission uses to entice the birds. Some of the things most sacred to the Juanenos are no longer within reach...they can no longer freely come and go to their home away from home. Wide open, welcoming doors no longer exist....all in the name of progress, greedy developers who couldn’t care less about San Juan Capistrano's rich, diverse history and of course, the almighty dollar. For the first time in decades, now some developers are willing to listen, sit down with them, hear their history, hear their stories. While development can't be stopped, 'Progress' wreaked havoc on the land. it does have the ability to tell their stories Photo courtesy of San Juan Historical Society by incorporating their history into the new structures through architecture and photographs. The stories serve as a reminder that everything you see in San Juan Capistrano is because of the Juanenos - the Mission, her ruins, her chapel, protected liturgical items, the names of streets, the historical adobes & buildings, the creeks full with water after a winter's rain, the priceless artifacts throughout the town. Today, Juanenos are watching the sacred circle complete itself. Jerry Nieblas was told several times "out with the old, and in with the new" and "things are no longer a Mom & Pop organization". But don't misunderstand these statements. The Sacred Mission garden is the "backbone the Juanenos; their heart and soul." The Juanenos will FOREVER be the backbone of the Mission and San Juan Capistrano. of Photo courtesy of San Juan Historical Society They have entrusted their sacred lands to all of us. We must be an example in order to be worthy of such an honor. The Juanenos will never go away. They will be here, standing in humility for whatever the future brings, continually picking themselves up, brushing themselves off, and starting all over again. That's who they are as a people and that's who they will always be. Community Common Sense
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City Code Enforcement Takes A In a previous issue of the CCS, we printed photos of what appeared to be multiple code violations at the Riding Park open space property at Ortega and La Pata. The violations were brought to light by several Parks & Recreation Commissioners who after touring the property, expressed concern about apparent risks to health and safety. The City responded by issuing a Notice of Violations and required Corrective Actions, (see below). The company that is managing the Riding Park for the City has ten days to correct the violations. As background; the 70-acre Riding Park was purchased by SJC taxpayers, whose property taxes were increased to purchase 132 acres of what was supposed to be “open space for the public to enjoy.” The City instead hired a company to manage the Riding Park property. The company keeps the revenue from the events. In response to code complaints and a directive by the San Diego Regional Water Board to clean up any illegal dumping of waste water into the protected creek habitat, City Code Enforcement issued the following Notices of Violation and/or Corrections to the Riding Park property manager, Blenheim Facilities Management:
NOTICE OF VIOLATION Municipal Codes Sec. 9-3.553. Temporary uses and structures: (8/15/2016 10:54 AM JR2) All RV's have exceeded the temporary use status of 10 days. Remove all RV's and cease persons from living in the RV's.
Same trailer in January 2012 (left) and July 2016 (right); one of a number of trailers/ RVs that appear to have resided on the Riding Park open space parcel for years.
The storage of these pots for a commercial nursery violate the Management Agreement, which prohibits “storage or dumping of anything on the property…”
Sec. 3-1.101. Licenses Required: Stephens Landscape and Nursery is prohibited from conducting business from the park [SUBLETTING] Cease and remove all of Stephen's business wares.
Property Manager essentially sublets to themselves for equestrian events business (also owned by Blenheim) which apparently has no City business license.
Sect. 3-1.101. Licenses Required Equisports International [Blenheim Equisports] is also required to obtain a city business license.
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Action on Riding Park Violations NOTICE TO CORRECT WORK 1. Obtain permit for electrical alterations (s/o cord, buried temporary lighting*, RV power ran overhead) *Note: temp lighting cannot exceed 90 days.
Extension cords were strung throughout Riding Park, through trees, to RVs, on temporary structures, etc. CA Fire Code 605.5 states: "Extension cords and flexible cords shall not be a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed to structures, extended through walls, ceilings or floors, or under doors or floor coverings, nor shall such cords be subject to environmental damage or physical impact. Extension cords shall be used only with portable appliances."
2. Have a licensed electrical contractor evaluate existing electrical system & test. Must provide letter that states all electrical is made safe & complies with code (open j-boxes, missing covers, etc.) 3. Provide secondary containment under portable restrooms. 4. Dumping from RV's not permitted. Provide mitigation for ground clean-up where applicable. 5. Provide [Best Management Practices plan] and water quality features at horse wash stations prepared by qualified QSP/QSD [environmental engineering] personnel. #3, 4, 5 are subject to review & approval prior to installation. Correct and Call for inspection. Follow up 10 days (filed 8/15).
This shower trailer (left and center) has 3 stalls for people, and appears to drain into protected creek habitat. "Gray water" could be seen in a number of locations throughout the park (right).
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Residents, Local Western Equestrians Weigh in on Proposed Uses for Public Open Space In a special meeting called by two City Commissions to explore proposed uses of 2.4 acres of public open space that is currently being “leased” to a developer (see article on page 1), residents and local recreational equestrians were invited to provide input. The photos below were taken at the property and depict current uses: The 2.4 acres is part of the 132-acres of open space purchased by SJC taxpayers in 2009. It is fenced off from the rest of the open space property. It is leased to a private developer for $4,800 per year, but costs SJC taxpayers more than $37,000 per year in interest on the bond payment.
Dumpsters and a pile of horse waste/ shavings on property.
Boarders stated they are charged $1,000 per month per “turnout” for their horses, a claim the developer denies.
RVs appear to be stored on the property which records indicate is a violation of allowable uses on the property.
During the meeting, commissioners and SJC “Western” equestrians repeatedly stated their desire to open up the property to SJC residents who are unable to use the fields at the Riding Park, which is reserved solely for “Hunter-Jumper” and “Dressage” events. A few of their comments are listed below. ~“We bought [the Oaks 2.4 acres] as part of the [132-acres] of open space, and it needs to be given back to the residents who paid for it… it makes no sense to subsidize it for a private business…” Trails and Equestrian Commissioner Jill Hanna ~“We live in a city where the largest number of horses are owned, but we don’t even have an arena large enough to accommodate us. [The 2.4 acres is] the perfect venue for a large arena for cattle sorting and other events that are not currently available in San Juan.” Jim Verbeerst , SJC resident Junk pile on property.
~ “I support terminating the Oaks lease. We could use the property as an extension of Reata Park, to work horses before going out on the trails, and perhaps for clinics or competitions…” Gail Fayad , SJC resident Story continued on page 14...
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Un-Spinning Larry Kramer's Claims
Former Councilman Larry Kramer wants his job back. Here's why he doesn't deserve it...
Candidate Statement of Qualifications
CITY OF: San JuanCapistrano OFFICE SOUGHT: Member of the City Council WARD/DISTRICT#: 5 (if applicable) NAME: Larry Kramer OCCUPATION: Retired Submarine Captain I am a candidate for the open 5th District seat. I bring experience, knowledge and dedication not only to the 5th District, but also to the entire City of San Juan Capistrano.
The Truth: After a 4 year term, voters overwhelmingly REJECTED Kramer’s bid for a 2nd term in 2012. I am very concerned in the direction and the attitude of our current council majority. Foremost of my concerne is the unpecedented litigation liability this council has put upon the residens of our town.
The Truth: He should say, “unprecedented litigation INHERITED by former council majority of Kramer, Taylor and Allevato, totaling MILLIONS of dollars..." My priorities: Providing additional police officers and better road maintenance paid for by a major reduction of lawsuits legal expenses.
The Truth: He had 4 YEARS to provide additional police officers and improve the roads in SJC. He FAILED to do so. The current council majority is correcting his failures with a street maintenance/rehab program. Current council has been working to cut unnecessary expenditures from former Kramer council majority, and will add police manhours to SJC. Ensuring access to the Riding Park and enactment of a long-term management contract with Blenheim.
The current council majority has approved new downtown development that conforms to the General Plan. Preserving the rural characteristics of Ortega Highway while removing the unsafe choke point.
The Truth: ...by turning it into a freeway on-and-off ramp with 25 foot sound walls, to accommodate the traffic from 14,000 homes east of town?! Working pro-actively with surrounding cities and agencies for the betterment of San Juan Capistrano.
The Truth: Kramer approved spending $550,000+ on new entrance and signal at Reata Park, across from the Ranch's new development, "Sendero", while refusing to add a signal on Rancho Viejo and Paseo Espada to protect SJC seniors and students. Reorganizing the water department to provide the residents the lowest cost water.
The Truth: During his tenure, he voted to increase water rates by 40% while ignoring warnings that the tiered rates were ILLEGAL, costing SJC residents legal fees and refunds in excess of $4 million! After losing in court the first time, Kramer voted to DOUBLE DOWN by appealing the judge’s decision – and lost again! I love San Juan Capistrano and will work hard to preserve all the characteristics of this town that make it such a wonderful place to live.
The Truth: He had 4 YEARS to open up access to the Riding The Truth: San Juan taxpayers can't afford this kind of "love"! Park for SJC residents who are paying for it. He FAILED! Preserving and engancing our very historic town center incorporating the completeion of two 4 star hotels and improving parking.
Larry Kramer Retired Submarine Naval Captain
The Truth: Kramer, Taylor and Allevato’s vote to approve a downtown development against the advice of the City Attorney caused several lawsuits and was invalidated by the court.
www.larrykramerforthe5th.com
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Story continued from page 12... Trails and Equestrian Commission Chairperson Renee Ritchie spoke about the importance of having a venue for Western riders; “Our city’s website states that we are the ‘Equestrian Capital of the West Coast.’ We need to embrace all venues, not just the competitive aspect. What would our Swallows Day be without our western riders? I would love to see San Juan seize the opportunity with this 2.25 acres to provide a venue for western riders. This area could include a great riding arena for shows and clinics, thus creating another jewel for the City of San Juan Capistrano.” ~ “[Western] Equestrians don’t have a park; it was promised to us but we don’t have one. We could use this property for activities like ‘desensitization training’ for horses, mini-trail events, Western trail riding classes, etc. It’s time to take [the property] back…“ Trails and Equestrian Commissioner Gail Zukow SJC resident Samantha Grant, a rider and horse trainer, suggested a variety of uses for local riders who currently have to drive long distances for activities such as barrel racing, 4-H shows and round pens for other events. “The current facilities [at Reata Park] are too small and don’t allow the horses to go faster than a walk. In addition, the sand in the pens is slippery and deep which can cause tendon injuries to horses.” The commissions’ suggestions will be forwarded to the City Council, which will vote to either lease it to the developer, give it to the SJC residents who are paying for it, or perhaps sell it. Several speakers addressed a rumor circulating around town that the council may consider selling the 2.4 acres. However, as several speakers pointed out at the meeting, to do so would require a vote of the entire town since it is open space. In addition, selling the property to a private business is not consistent with the purpose of the open space bond measure approved by the voters. “We were promised public open space,” said one long-time SJC resident who voted for the open space bond. Judging by the reaction of the meeting attendees, residents are not likely to support the sale of their open space. What would you like to do with the 2.4 acres of open space? The CCS wants to hear from you! Email us at: eboard@ccsense.com. Your name will not be used without your permission.
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