Community Common Sense - September 2017 by Community Common Sense

SEPTEMBER 2017 – VOL 7, 9

YOUR COMMUNITY WATCHDOG

Community Common Sense

In this Issue... Blenheim's Equestrian Business Operating Without Permits, Exposing Taxpayers to Fines Page 1 Guest Column - The Pollution of San Juan Creek is Not About Horses... Page 3 Undoing Damage to San Juan's Creeks Could Take Years Pages 4 & 5 Letters to the Editor Page 6 Attempt to Remove Councilmember from Communtity Engagement Panel Backfires Page 7 SJC Residents Deserve to Know About Real Impacts from Development City's $1.2 million Deficit and Rising Employee Compensation Costs... Page 9

Blenheim’s Equestrian Business Operating Without Permits, Exposing Taxpayers to Fines According to documents obtained by the CCS, SJC City Manager Ben Siegel has continued to allow Blenheim Facilities Management/Blenheim Equisports to operate their equestrian business at the Riding Park despite their failure to obtain the permit(s) required for an operation of that size. OC Coastkeeper amended the lawsuit they filed against the City and Blenheim to include the non-permitted equestrian operation. Coastkeeper, a non-profit environmental protection group, is currently suing the City and Blenheim for what they allege is contamination resulting from unauthorized discharges into San Juan Creek by Blenheim. If Coastkeeper prevails, the City could be liable for significant fines, which the taxpayers would be obligated to pay. The Riding Park is owned by the City taxpayers and is “managed” for the City by Blenheim Facilities Management. Blenheim also owns an equestrian event business, Blenheim Equisports, which hosts large-scale “HunterJumper” horse shows at the Riding Park. According to a lawsuit filed against the City and Blenheim by Coastkeeper, Blenheim has routinely discharged

or allowed 2009 when discharge of the City horse and purchased the other waste Riding Park into San Juan property. Creek, which is a violation Coastkeeper of the (Fedmaintains eral) Clean that horse Water Act. CAFOs Coastkeeper produce a recently added substantial to the lawsuit amount of the City’s and pollutants Blenheim’s including SJC City Manager Ben Siegel failure to obtain manure, beda Concentrated Animal Feed- ding, and wastewater from ing Operation or “CAFO” the horse wash racks located permit designed to protect near the creek bank. Accordland and waterways from ing to the lawsuit, “Such anipollutants. mal waste and process wastewater discharged from the According to the law*, Riding Park are and/or confacilities with more than 500 tain ‘pollutants,’ as defined horses for more than 45 days in the Clean Water Act…” in a 12 month period are they say. As a result of unlawclassified as CAFOs. CAFOs ful discharges to San Juan may not discharge pollutants Creek say Coastkeepers, “… to waters of the United States unlawful… wastewater, and except in compliance with stormwater runoff from areas a National Pollutant Diswhere horse waste is stored, charge Elimination System the Notice Recipients have (NPDES) Permit Program, caused and continue to cause which controls water polludischarge of animal waste, tion by regulating sources nitrates, nitrites, nitrogen, that discharge pollutants into ammonia, phosphorus, bacwaters of the United States. teria and endotoxin, sulfate Coastkeeper’s lawsuit states and other pollutants into that Blenheim and City have waters of the United States, failed to obtain these permits. resulting in substantial harm The failure of the City and to public health, welfare and Blenheim to obtain a NPDES the environment.” permit for the Riding Park San Juan Creek is listed as is a violation of federal law, an “impaired water body” which could subject the City for several pollutants known taxpayers to daily fines of up to be present at the Riding to $50,000, dating back to Park, including phosphorus

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and nitrogen. Unpermitted discharges from the Riding Park cause and contribute to the impairment of San Juan Creek, says Coastkeeper. Coastkeeper’s “multiple site investigations” also revealed “… ongoing discharges of large trash items, such as feed bags, plastic cups, plastic plant containers, and equestrian medicine applicators into San Juan Creek,” conditions also noted by City Commissioners in complaints to the City about the damage being done to the creek. In addition to large trash items, Coastkeeper claims that, “… small, particulate trash from the footing used in the dressage/ event rings of the Riding Park” is making its way into the creek. Footing is used in the equestrian event rings to provide cushion for the horses to prevent bone and joint injury. Coastkeeper believes the footing used at the Riding Park is a combination of sand, recycled rubber shoes, and other unknown synthetic textiles and therefore, qualifies as a pollutant. During its investigation, Coastkeeper says it also observed footing tracked outside of the event rings and into “waters of the United States, and in areas prone to flooding into waters of the United States, a continuous discharge of footing into waters of the United States.” Story continued on page 8...

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Guest Column

The Pollution of San Juan Creek is NOT ABOUT HORSES… by Ilse Byrnes & Jerry Nieblas Manager routinely inspected the facilities, there would be no lawsuit. What happened? Not so long ago, we did not have BMP’s to direct us on how to treat the land. There were unwritten, common sense rules that generations of us followed. As horse owners we were required to respect the lands, the creeks, and the irrigation channels, removing horse waste properly, and avoiding riding in certain areas.

SJC residents, horse owners and trail riders Ilse Byrnes and Jerry Nieblas have devoted their lives to historic preservation in SJC

Jerry Nieblas: For example, the Rosenbaum Ranch had no problem with us riding all over their property In recent times we’ve watched the as long as we followed the rules. western riders gradually be replaced We were expected to stay out of by the more elite “Hunter-Jumper the irrigation channels that ran and equestrians” that have come with controlled the watering of orange housing developers for profit. Regroves, corn fields, and walnut cently, Dr. Julie Ryan-Johnson of groves. There were many wheelbarthe San Juan Equestrian Coalition rows at Rosenbaum Ranch and we dared to categorize the horse compicked up all horse waste. When the munity of San Juan Capistrano as, wheelbarrows were full you were “… owning 1.5 houses, 2.5 cars and expected to give nourishment to 3 horses.“ But Johnson will never the earth by spreading it around the speak for many of us who grew up in various orchards or in the pasture for this community who do not own 1.5 healthy grazing grasses. At Mission houses, 2.5 cars and 3 horses; gener- Trails stables, manure would be ations of San Juan historical famiworked into the ground of lunging lies, with our horses being our whole pens and arenas, making it softer and way of life. The horse lifestyle in easier on horse’s hooves. After a ride San Juan Capistrano goes back to we’d take our horses down into the early Mission days when the Spancreek and the healthy mineral waish introduced horses to the Native ter would nourish their legs, or we Americans. The role of the working would pour a bucket of creek water horse back then was directly related over them - never using any soap or to the evolution of the Missions, the chemicals! Never would we have early Ranchos, and the formation of considered doing what some of the what would become San Juan Caphuman element of these facilities/ istrano. businesses are doing today, such as having wash stations next to creeks In 2004, the City of SJC and the San which appear to be purposely disDiego Water Board along with locals pensing run-off into them. Some and representatives from the county, of these facilities have been brazen established Best Management Pracenough to purposely dump mounds tices ("BMPs") to prevent the current of cow and horse manure into San conditions the OC Coastkeeper is Juan Creek, others have been sisuing the City and Blenheim over. phoning water out with generators If the practices in this report were for their own personal use. followed, and Code Enforcement under the leadership of the City Ilse Byrnes: I remember when the

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About the Community Common Sense

The CCS is a non-partisan community watchdog publication, distributed to homes and businesses in our local communities. We were established in 2009 by a group of residents who recognized 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! Annual Trail Ride in the 1970’s in San Juan Capistrano would include a couple of hundred riders from La Pata through the Ranch to Caspers Regional Park. We had simple rules: stay on the trail, don’t damage or disrupt the land, don’t disturb the cattle, and put any trash in your saddlebag. We had to leave it how we found it; no one ever questioned it and we never had a problem. Just to make sure, we had a designated cleanup crew. Afterwards we would

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brush the horse down and rinse them off. There was no run-off, it simply absorbed into the ground. The Ranch stopped the ride after about twenty years. The Ranch cited liability issues but what I saw was real estate development moving in; curbs began to appear along our trails. If the Ranch wanted to, they could have provided a trail to remain for the SJC equestrian lifestyle to continue. Story continued on page 11... PAGE 3

Undoing Damage to San Jua

In 2004, an “Equestrian-related Water-Quality Best Management Practices” task force created guidelines to prevent pollution to local creeks

In 2016, we printed photos of damage to San Juan Creek and reported on allegations of pollution and d dress the allegations led to multiple complaints from federal and state oversight agencies, and ultimatel

In May 2017, the San Diego Water Board sent another complaint to the City about water quality violati from readers depicting what appears to be damage to the creek from this and several other equestrian fa

While some in the community attempt to paint the damage to the creek and water sheds as an attack on ness owners breaking the law and damaging the creeks. We have posted the photos below; you be the ju

Tar Farms - San Juan Creek

This “manure storage shed” perched on the embankment at Tar Farms appears ready to tumble in to San Juan Creek. A large pile of manure can be seen on the embankment below the shed (one of several seen in the creek).

The City followed up with a letter listing required corrective actions for the following violations*: • • • •

Unauthorized Streambed Alteration Illegal Discharges of Sediment Containing Refuse Material Unauthorized Solid Waste Disposal in Floodplain. Unauthorized Non-stormwater Discharges. Holding Pen Discharge. • On-land Disposal of Manure. • Inadequate BMPs for Control of Biohazardous Waste. * See the entire Letter with photos on our website at: www. ccsense.com

Equites Riding Club - Trabuco Creek

Equites Riding Club / John Berney Equestrians located on Trabuco Creek

Concrete and other debris has been deposited in San Juan Creek at Tar Farms

The following photos were taken by a CCS reader at an equestrian facility on Trabuco Creek in SJC. It is unknown what, if any, action the City has taken with respect to the pumping of water from the creek.

Water truck on the creek bank. The photographer observed water being sprayed onto riding rings within the facility. Note broken concrete steps which have been placed in the creek bank, leading into the creek bed. Hose running from water in the creek bed leads to a pump.

Pump situated in creek bed has a hose leading up to a water truck on the creek bank.

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Story continued on page 5... PAGE

an's Creeks could take Years

s and water sheds from equestrian facilities.

destruction of the creek at the Riding Park in the City-Owned Eastern Open Space. City Manager Ben Siegel's failure to properly adly led to a lawsuit filed against the City and Blenheim by the non-profit environmental protection group, OC Coastkeeper.

ions in San Juan Creek at Tar Farms next to Ambuehl Elementary School on San Juan Creek Road. The CCS has also received photos acilities in SJC.

n equestrians, others (including equestrians who live and ride in SJC) point out that this is not about equestrians, but rather about busiudge.

Ortega Equestrian Center Community reactions regarding damage to SJC creeks from equestrian facilities: “… I do not agree with your conclusion that there has been neglect, let alone pollution from San Juan Capistrano into the creek. I am certainly aware of this allegation; however I am also personally aware that most of the allocations [sp] are false.” – Councilman Derek Reeve, July 16, 2017 in response to a complaint to the council from an SJC resident about on-going damage to San Juan Creek. “Blenheim [Riding Park property manager which is being sued along with the City for environmental damage to San Juan Creek] is a leader in the industry in terms of Best Management Practices… misdirected efforts have led to multiple inspections at the Riding Park, which is a waste of staff time and effort… [the Riding Park] is a jewel of our open The photographer stated that people appear to be living [illegally] at space… stand up to the bullies and advocate for several equestrian facilities, including the one in this photo taken at Ortega Equestrian Center. our park…” – Dr. Julie Ryan-Johnson, Secretary of the San Juan Equestrian Coalition and task force member of the 2004 Best Management Practices* designed to protect waters, creeks etc. from equestrian-related pollution, speaking at a recent council meeting. "We have let the wolf into the henhouse with this Coastkeeper lawsuit [regarding environmental damage to San Juan Creek]… equestrian is the heart of San Juan Capistrano; losing it would be like Dana Point losing their harbor…or Newport losing b**b jobs and fancy cars…” – John Berney, equestrian business owner (see photo on opposite page) on July 18, 2017, urging the city council to fight the Coastkeeper lawsuit. Berney also served as President of the San Juan Equestrian Coalition. "I would like you to provide City staff with any evidence of polluting because I have not seen any, and or of violations." Councilman Sergio Farias, July 16, 2017 response to a constituent who wrote to the council to express concerns about pollution of San Juan Creek. * See 2004 Best Management Practices document on our website at: www.ccsense.com under "Community Links" Community Common Sense

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Editor's Note… No one knows better than the CCS about retaliation from those wishing to silence the facts and/or differing viewpoints. Retaliation comes in many forms; we have been subject to community members and elected officials routinely threatening our advertisers with boycotts in an effort to silence our voice. CCS readers may remember when in 2013, then-councilmembers Sam Allevato, John Taylor and Larry Kramer voted to prohibit the CCS from being distributed on City property. Fortunately in that case, the courts upheld freedom of the press and our First Amendment right to publicly distribute our paper. In order to protect our readers from retaliation by people in the community who do not share our belief in the First Amendment free speech right, we offer anonymity to those writing letters to the editor.

Letter to the Editor

Del Obispo Widening a Taxpayer-funded Gift to Developer? Here is a story that recently played out that shows just how developer friendly this town is. It’s the story of the Del Obispo widening, and who it benefits. Back in December just after Thanksgiving in the middle of the holiday madness, the Design Review Board had a meeting to discuss the widening of Del Obispo. Nobody came to that meeting other than City Staff, with one notable exception; the developer Dan Almquist (Playhouse development, Ito Nursery development, Mission Grill development…). Seemed odd, was he going to develop the street widening? Who does the street widening really benefit? According to the

City Staff Report, there is not a traffic problem where the street narrows from two lanes to one. It’s not the scene of accidents or problems. The narrowing DOES get people to slow down a bit, and make it safer for everyone turning into and driving by Oliva. That part of Del Obispo is on the edge of San Juan and greatly serves people just passing through. It never backs up there.

big olive, pine, and pepper trees, along with an array of succulents and ground covers. Agaves, creeping fig, lantana…all to be maintained by the City. This is the sort of project that most homeowners spend tens of thousands of dollars on in order to improve their land and increase their property value, and here the City is picking up the tab for him.

So why, we ask, would Almquist hobble in on crutches to speak at an empty Design Review Board meeting? He was there because this project is right in front of his house. In fact, the City is buying a portion of his property so that they can build him a nice Verdura retaining wall, install a drainage system, and landscape the front of his property. Now the City is going all out here with

We all know that the City has some serious budget shortfalls, and it has been raiding money set aside for street and road repairs to cover a million dollar hole. So what is the City obligating the taxpayers to spend on this gift to a developer? On March 21 the City Council voted to spend $850,000 on this project, with only Pam Patterson opposing this waste of money.

San Juan has serious pothole and paving problems, and here we are improving a developer’s personal property for him. This is the same developer that can’t propose anything here in town that doesn’t need a big zoning change to accommodate his oversize projects. What was the Council majority thinking? Was this ineptitude on the part of the staff to recommend this, or are they always favoring the developer? How about we concentrate on fixing the roads that we already have rather than gifting yet more money to a developer. Name withheld on request San Juan Capistrano

Letter to the Editor

Money Spent Studying Roads Better Spent Fixing Them I spent all of 2 minutes reading the City’s recent “Pavement Management Program” study/report before concluding it isn’t credible. They start out by mentioning that SJC “continues to show growth with its population, demographics, infrastructure…” etc., and that the extent of pavement has

increased. This is simply wrong; it is completely unsupportable. It goes on further to indicate that there are two types of roads, “local” roads and “arterials”. It then says that only arterial roads were considered in the study and that data about “local” roads is from 2015. Of course, it rained last winter which

had a significant impact on local roads. It then goes on to make certain findings (for ex; in Figure 2) which are utterly misleading. The town isn’t growing; population is flat. Infrastructure hasn’t really changed in years. The report’s findings are utter

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nonsense. The money spent on this study would have been better spent fixing the obvious problems with our roads. Name withheld on request San Juan Capistrano

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Attempt to Remove Councilmember from Community Engagement Panel Backfires Southern California Edison, owner/operator of the San Onofre Nuclear Generating Station (“SONGS”), formally notified the Nuclear SJC Councilmember Pam Regulatory Patterson was the target of a failed attempt to have Commission (NRC) her removed from the on June SONGS decommissioning panel 12, 2013 that operations at San Onofre had permanently ceased. The problem then remained; what to do with the plant’s nuclear fuel and waste.

safety record is the country’s worst, stating “Out of all 100 reactors [in the US], Edison’s has six times more complaints than any other.” “If Edison has their way, they will bury 3.6 million pounds of nuclear waste 108 feet from the beach at San Onofre. Plutonium [nuclear waste] is deadly for 250,000 years…” they said, adding that SCE is “… currently under TWO separate criminal investigations involving lax safety and regulatory standards.” Councilmember Pam Patterson who represents San Juan Capistrano on the CEP, is in the crosshairs of Edison and their supporters. The watchdog group says Edison and their

SJC Councilman Derek Reeve recently attempted to have fellow Councilmember Patterson removed from the CEP. His effort failed however, with only he and Mayor Pro Tem Sergio Farias (who typically vote as a block) voting to remove Patterson. In fact, Reeve’s attack backfired; rather than succeeding in having her removed, his action prompted an outpouring of support for Patterson from both community members and elected officials in several neighboring cities. Listed below are excerpts from letters and addresses to the city council in support of Councilmember Patterson’s representation on the Com-

“Mayor [Pro Tem] Sergio Farias I am writing you regarding the persistent efforts of Southern California Edison to remove your colleague, Pam Patterson, from its publicly funded “Community Engagement Panel” or CEP… … It is vital to the future health and safety of you, your children, and your constituents, that Pam Patterson remain on the CEP. She is the only member of the panel that is willing to ask the tough questions that the public is not allowed to ask, and has a right to know….” - Charles Langley, Executive Director Public Watchdogs

SCE/Edison’s website states: “Within two years of shutdown, SCE must submit to the NRC and state officials a detailed plan that spells out specific decommissioning activities and schedules, cost estimates and potential environmental impacts*. Public review and comment is an important part of this process…” Edison then established a Community Engagement Panel (CEP) comprised of community members and elected officials, ostensibly to aid in “public review and comment”. However, according to Public Watchdogs, a group that is closely monitoring the decommissioning process, “The San Onofre Community Engagement panel is a ratepayer-funded public relations effort by Southern California Edison. It is designed not to ‘engage’ but to pacify the public and politicians into believing that Edison is a responsible, honest, law-abiding corporation that can be a trusted steward of its deadly radioactive waste from the San Onofre Nuclear Generating station known as SONGS…” The watchdog group points to research indicating that Edison’s

Here are excerpts from letters:

“Dear Maria Morris, SJC City Clerk, I ask that you share this email with all City of San Juan Capistrano Council Members prior to tomorrow's 08/01/17 council meeting.

The decommissioning of the San Onofre Nuclear Generating Station, which sits on the ocean just south of San Clemente, has generated concerns over public health and safety.

supporters want Patterson removed from the panel because she is one of the few public officials on the panel who is defending the public’s right to address their concerns without Edison’s interference. “SCE [Edison] does not have a reputation for being transparent and honest with the ratepayers in our community,” says Patterson. “The party being gagged by SCE are the ratepayers who are paying for this whole [decommissioning] process… the ratepayers deserve to have a voice,” she added.

munity Engagement Panel. Due to space limitations, we are unable to print all of the letters. Public Watchdogs has also posted a “Community Engagement Panel” video montage of Councilmember Patterson “protecting the public” during SONGS committee meetings on Youtube at: https://goo.gl/k93yAq .

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It was brought to my attention that there may be an effort to remove City of San Juan Capistrano Council Member Pam Patterson from So. Cal Edison's Citizen's Engagement Panel (CEP) regarding the decommissioning of the San Onofre Nuclear Generating Station. This is deeply troubling on many levels. I have spoken with Pam Patterson on several occasions and have listened to her speak at the CEP meetings. She is one of the most professional and respectful elected officials I know and is absolutely clear about her responsibility in elected office. The City of San Juan Capistrano should be proud that she represents you. Story continued on page 10... PAGE

Story continued from page 1...

permit to allow him to continue to provide shelter for the dogs while finishing the required improvements, The CCS has reported over the a temporary permit was denied, two years the unequal treatment of some dogs were euthanized and the busifavored San Juan businesses over ness was forced to shut down, nearly others. The latest example is City costing him his livelihood. During Manager Siegel allowing Blenheim the meeting, the city manager stated, to operate their large business with“These [permits] are requirements out the proper permits, while holdthat ALL businesses have to adhere ing other smaller businesses to a dif- to…” and City Development Servicferent standard. One recent example es Director Joel Rojas stated, “You occurred on can’t operWhile the City allows Blenheim to ate a busiMarch 7, operate on city-owned property 2017, when ness without the owner of without the proper permits, other the proper K-9 City, a permits…” smaller businesses are held to a dog boarddifferent, higher standard... ing business, “From my asked the city manager and council perspective,” said Councilmember to work with him to help him keep Patterson, “the City should have his facility open while finishing up a allowed the K-9 City's owner, who Tenant Improvement. The business specializes in tramautized animals, owner stated that after getting perto partition off the construction mission to operate during construcso that he could board animals tion, city code enforcement ultimate- there while the improvements were ly gave him ten days to either finish completed. I toured the facility in or vacate the building. The problem, March, and there was plenty of room he explained at the council meeting, to do this. Instead, City officials was that he had homeless dogs in have demanded changes and kept his care for which he could not find the process at a snail's pace, which immediate homes. If he was forced is creating financial hardship to [the out, the dogs would have to be owner]. Instead of rewarding him euthanized. for his signifiDespite pleas cant investment to the city putting in a very manager nice boarding and counfacility in San cil to help Juan, the City him with a seems to go temporary out of its way to find reasons to delay, and cause hardship to [the business owner] and the dog owners. In my view, they are nitpicking and being uncooperative in helping to White PVC pipe (in lower right of photo), one of at get the project least three pipes discovered in the creek embankcompleted, ment suspected of [illegally] draining waste water whereas with from the Riding Park into San Juan Creek. The One of several horse washing stations at the Riding Park, City purchased the Riding Park from the Ranch in The Riding from which the lawsuit claims waste water is [illegally] 2009 with these existing conditions. Park, the City

CCS asked City Manager Siegel why Blenheim is being allowed to operate without a CAFO permit, and asked who would be responsible for paying any fines, attorneys’ fees and other associated costs should the court find in favor of OC Coastkeeper. As of print date, we received no response from the City Manager however, Council member Pam Patterson did respond to the email that was copied to the entire council. Patterson stated, “My impression is that City Hall has blue ribbon service for friends, and a completely different experience for others. For example, the City Manager pushed through a $1.1 million improvement for the Riding Park, specifically benefitting Blenheim. I question the need or the financial ability of the City to pay for this improvement installing a recycled pipeline and sewer line, which will also dramatically increase the cost of watering the Riding Park, while the City already has in place an arrangement to pay a $3,000 per month flat fee to access water from the Cotton well, and Blenheim pays for the water.” While Council members Derek Reeve and Sergio Farias did not respond to CCS’ questions, both have denied damage to and/or pollution of it, stating publicly that they have seen no evidence of pollution of the creek. Their denials are troubling when both photos and powerpoint presentation(s) depicting waste water, PVC pipes and trash in San Juan

Creek at the Riding Park have been submitted to the council.

seemed to ignore the long list of violations that were present, and harassed the Commissioners that brought these violations to light.” K-9 City is finishing up construction despite the hardships. It remains to be seen what the courts will decide with respect to Blenheim’s operation and the federally protected creek. While some of Blenheim's supporters, including Councilman Derek Reeve, claim that Coastkeepers are just trying to "line their pockets" with this lawsuit, the fact is that the Coastkeepers cannot “make money” from a lawsuit if they prevail. As a non-profit environmental protection organization, they must by law direct any court-ordered penalties to the US Treasury. “Compliance” funds are typically set aside for oversight of any court-ordered or mutually agreed-upon restoration and improvement work to the damaged area(s). Court-ordered or mutually agreed-upon monies can also be directed to environmental organizations whose focus is to protect/improve watersheds and/or fund education efforts including teaching kids about the importance of protecting our coastal waters. The Coastkeeper website also lists non-profits with whom they partner to improve the environment. One of them is San Juan’s own Ecology Center. You can find out more about OC Coastkeeper and other cooperative environmental improvement and education/ outreach efforts on their website at: www.coastkeeper.org. What are your experiences with the City's permitting process? What do you think about Blenheim's failure to obtain permit(s) and the City's failure to insure they have the proper permits? The CCS wants to hear from you! Email us at: eboard@ ccsense.com. Your name will not be printed without your permission. *Source: 40 C.F.R. § 122.23. CAFOs are point sources under the CWA. 33 U.S.C.A. §1362.

discharging into San Juan Creek.

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SJC Residents Deserve to Know Real Impacts from Development By John Perry For some time residents of this City have been concerned about road conditions that seem to get worse every year. In this article I will pro-

tion would actually be significantly worse in 2023 because of continued wear and tear during the 7-year period.

increasing faster than revenues. So why not cut spending? That is not so easy to do. Over 80% of the City General Fund of $23.6 million goes to personnel costs including Over 80% of the City General Fund of $23.6 salaries, retirement and medical benefits. This includes million goes to personnel insurance the contracted services of the costs including salaries, Orange County Sheriffs contract of retirement and medical $10.2 million that provides police insurance benefits. services to our community which are rapidly increasing in cost due In order to keep our roads at to annual pay increases to Orange - Average City pension cost averthe current level with a rating County Sheriff personnel. of just “Fair”, the City would Here are some facts from the Grand ages $30,301 per full time employee need to double the 7-year Jury Employee Compensation Costs budget to approximately $30 for 2016 that reports the annual sal- - Average medical premium per employee is $16,554 million dollars. To show a ary, overtime, other pay, pension, gain in the overall street con- and medical premiums paid for all - Average cost per sheriff to the City dition, the City would need city employees: Although the City Council voted street repair and is $335,517 (including administrato spend $35 million. Obvi- Average total compensation and maintenance as its #2 priority, it was the first thing tive overhead) to get cut in order to plug a $1.2 million deficit. ously, that is a lot of money; benefits per full time regular city where is it going to come employee is $133,514 Story continued on page 10... from? vide some insight into how and why The City discovered a $1.2 million City's $1.2 million deficit and rising deficit for the 2017 budget, and the the roads are so bad, and why the employee compensation costs... City Council voted to cut the budCity seems unable to fix them. get for road maintenance by over ... are similar to what is happening at the state level. $1 million in order to balance the In May 2017, the City received an budget. Obviously road repairs for update of the "Pavement ManageBelow are some facts published recently by the Pacific 2017-18 will be postponed and we ment Program" report prepared by Research Institute, founded in 1979 (www.pacificresearch.org) will see the can kicked down the Bucknam Infrastructure Group. road yet again. Even though the City This report describes the condition $ California's unfunded pension liabilities for cities, counties, and the state total $1 TRILLION. Council voted road maintenance its of the city’s roads based on an engineering inspection and analysis of # 2 priority for this budget year, it $ California's state employees are the highest paid in the nation. was the first thing to get cut. existing road conditions. The findSo why do we have a budget probings of the report are that 53.2% of $ State workers are allowed to retire as early as 50, and in retirement lem? It’s the old case of spending the City’s pavement sections are at can "earn" up to $100,000 per year plus cost of living adjustments a level of “Fair to Very Poor.” The and free lifetime medical care. We see this “double-dipping” locally, report states that street preventative while skilled workers remain unemployed. maintenance and “proactive overlay $ SJC's unfunded employee pension liability reportedly ranges somerehabilitation” programs need to be where between $28 to $49 million. adequately funded and sustained. So, how much funding are they $ California spends 4.7 times more per mile than the national average talking about? to maintain state-controlled highways. For every mile of highway it controls, California spent $77,000 on administration cost; taxpayer The City projects Capital Improvemoney that never makes it to filling potholes, repairing bridges, or ment Program (CIP) budgets for improving roads. the next 7 year period; in this case $ While home to only 12 percent of the nation's population, Califorfrom 2017-18 to 2023-24. The City nia is home to 33 percent of the country's welfare recipients. has budgeted nearly $15 million to be spent on local and arterial $ California's educational system is ranked 42nd, and our fourth Some residents report that their neighborroads during this 7-year period. graders are ranked 48th and 49th in math and reading, respectively. hood streets have not been paved in more If this amount was actually spent than 20 years. fixing our roads, the street condi-

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Story continued from page 7... The CEP on the other hand is a panel organized and run by an investor owned utility that created the regional safety problems that are supposedly being openly discussed by the panel. In reality the CEP meetings are a highly controlled forum designed to promote the unethical and outrageous plan to dump 1,628 tons of High Level Radioactive Waste only 100 feet from a public beach where children play. Its moderator David Victor, chosen by So. Cal Edison to run the CEP meetings and craft its agendas, masquerades as a voice of the public (which he is not) when speaking to the media. He and fellow panel members Tim Brown and Glenn Pascal clearly represent Edison's interests in the CEP process when they ridicule, interrupt, hiss, and dissuade members of the public from voicing their deep concerns at the CEP meetings. Pam Patterson on the other hand, has reached out to the most informed members of the public to become better informed about their concerns and is one of the few members on the panel who speaks clearly in defense of the public interest… … I hope you, City staff, and City Council members will reject as absolutely absurd any notion that a dissenting voice of reason, especially from a well informed publicly elected official, is inappropriate in such a regionally critical discussion as decommissioning San Onofre. Please join my wife and me in our support of Pam Patterson to remain fully engaged and vocal on the CEP. She is an unwavering voice of reason and caution who clearly represents the public interest and that is precisely what the Southern California deserves in this CEP / plant decommissioning process. - Torgen Johnson Solana Beach, CA

Public Watchdogs have expressed concerns about "3.6 million pounds of nuclear waste 108 feet from the beach at San Onofre". They claim that Plutonium [nuclear waste] "is deadly for 250,000 years."

“Honorable Mayor and Council Members of the City of San Juan Capistrano, History is watching. Therefore, it is imperative for the City of San Juan Capistrano to be represented on Edison’s CEP by someone as passionate and well-informed as Pam Patterson is on behalf of the public’s safety and health. Why? Because no one else is doing it. Please keep in mind that this burial plan of 3.6 million pounds of lethal, toxic nuclear waste on the beach was never planned. It was a direct result of Edison’s ill-designed Replacement Steam Generators (RSG) which never received a required design review by utility regulators. The flawed generators gave our community a radiation leak in 2012. Remember too that, it is that same Edison engineering team who designed those generators that leaked radiation that have developed this nuclear waste burial plan as a way to cover their engineering mistakes and their deception to the public. The very same engineering team, who pushed that poor design past its performance specifications ultimately resulting in a radiation leak, are now at the helm of the decommissioning plan. This needs to be countered with courage; Pam Patterson has that… Pam Patterson, a courageous and outspoken CEP representative with extensive San Onofre institutional knowledge and awareness is also needed. She

should be supported by you as city leaders.

Patterson and her hard work, and want to thank her… “

Don’t come down on the wrong side of history on this one – your decision today will impact generations to come.

- Toni Iseman Mayor, Laguna Beach; speaking as a private citizen

- Nina Babiarz Public Watchdogs Board Member Excerpts from Oral Communications at the 8/1/17 City Council meeting: “The Community Engagement Panel is dealing with one of the most important [issues] of our future… it is distressing that the deck is stacked [by So Cal Edison] and communication [with the public] is limited… I have observed Pam Patterson very, very courageously standing up for our future and our welfare… I am here to issue a statement of respect for Pam

Story continued from page 9... The employees are represented by labor bargaing units that by State law, allow (but do not mandate) negotiation of salary and benefits with the City. Over the years City Councils have steadily increased the salary compensation, benefits, and working condition packages with employee unions to the point where the City is financially unable to provide basic services – including adequate road and infrastructure maintenance. So what is the answer to this situation? It could mean that additional revenue beyond traditional sources such as State gas taxes, sales tax, and property tax must be developed and dedicated to the maintenance of our streets. This could be a bond issue (issuing more debt) or an increase in local sales tax, for example. Or perhaps the City Council should reduce staff costs. This could be accomplished by either a reduction in the number of employees, or

Community Common Sense

“I served with Councilmember Patterson on Vector Control and have attended the Community Engagement Panel (CEP) meetings. Pam Patterson is professional, has always done her homework and looks at every side of the issue before she makes a decision… She is a pleasure to serve with; stays on the issues and doesn’t make personal judgments or comments. She is a valuable public official who is passionate about protecting [the public]…” - Shari Horne Mayor, Laguna Woods; speaking as a private citizen * The NRC addresses frequently asked questions at: http://www. nrc.gov/waste/decommissioning/ faq.html. by requiring employees to at least contribute more to their pensions and health benefits. City taxpayers are currently paying the lion’s share of these expensive employee benefits. John Perry earned a Master of Science in Education Administration degree from USC. He retired from Boeing Aircraft and from Public Education, having served as Assistant Superintendent of Administrative Services. He is a founding member of the Capistrano Taxpayers Association (CTA), and was appointed to the SJC City Council for a two-year term from 2014 - 2016. How are the potholes in your community? Do you agree with the suggestions listed above for addressing the City deficit? The CCS wants to hear from you! Email us at: eboard@ccsense.com. Your name will not be printed without your permission. PAGE

Story continued from page 3... But I believe development was their primary purpose. No longer can we ride to Caspers from SJC. We’ve gone from generations of San Juan Capistrano respecting our lands and creeks to a new breed of human element that sees no problem with polluting the lands and creeks, and possibly affecting Doheny Beach. Jerry Nieblas: It is the human element, and they know who they are; it’s not the horses. It’s the same old human mentality; "I will do what I want and if I get caught, I'll deny it or ask for 'forgiveness',"… and then they do it again.

left with the legal bills and a polluted mess to clean up wondering what happened to the San Juan they moved here for. Jerry Nieblas is a Pre-Mission SJC descendant; Ancient Village of Putuidem/Chigilia, Maria Bernarda and descendant of Early Califonio Rancho Yorba Familia/Rios Familia. He was born, raised, educated and lives in SJC. He is the Co-founder and President of CHAC/Capistrano Historic Alliance Committee, a Volunteer Docent for Apolonia Montano and Blas Aguilar Adobes and is a life-long horse owner from a generations-old horse family.

Who the hell do these people think they are at Blenheim and a few of Ilse Byrnes has been a resident of the stable businesses, to pollute our SJC since 1969. Ilse was appointed land, cry foul and then defame com- to the State Trails Committee in missioners and residents for bring1986 by Gov. Deukmejian and was ing Blenheim and other offenders reappointed by Gov. Pete Wilson. to the attention of the City? I dare She served locally on the City of any one of them to claim that I am SJC Equestrian Commission from anti-horse because I want our sacred 1976 to 2010, and was appointed to lands to be respected, protected and the Open Space, Trails and Equespreserved for future generations. trian Commission in 2014. She is a Instead of manning up and resolvLifetime Member of the San Juan ing the issues brought to light over Capistrano Historical Society since a year ago by adhering to the City’s 1976, a Member of the OC Historiown 2004 Best Management Practic- cal Commission since 2009, and has es, City Manager Siegel bullied the nominated thirteen SJC historic commissioners and denied the facts. properties to the National Register Never before has San Juan Capistof Historic Places including the Blas rano seen this level of mismanageAguilar Adobe, the Los Rios Historic ment and desecration of our lands District and the Swanner House. and creeks. When the dust settles and Have a question about city this is all over, governance? Siegel will probably be gone, working Have information you would at another City like to share? after letting Blenheim off Email us at: eboard@ccsense.com the hook; the Council will have cycled We will do our best to answer your again; the city questions and/or help to get the attorneys will be collecting word out about local another hefty check… and issues that impact the generations of families/taxcommunity. payers will be

Community Common Sense

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Community Common Sense

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