Community Common Sense - July 2016

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JULY 2016 – VOL 6, 7

YOUR COMMUNITY WATCHDOG

Community Common Sense

In this Issue... San Juan Capistrano The Riding Park: Open Space or Commerial Business? Page 1

Guest Column; Don't Be Fooled - Let's Press for Real Solutions for Ortega! Page 3

Multiple Violations at Riding Park? Pages 4 & 5

Letters to the Editor Page 6

Coming up in the next edition of the CCS: San Juan Capistrano's Juaneno Indian Heritage - Part III

The Riding Park: Open Space or Commercial Business? Serious Questions Raised about the Use/Abuse of Open Space

Did SJC residents vote for Open Space for use by the general public, or did they vote for a for-profit commercial equestrian business on Open Space? That was the basis of discussion at the last two Parks, Recreation and Youth Services Commission meetings. Discussion also included the following issues: ● Preferential Access Granted to For-Profit Company Melissa Brandes of Blenheim Facilities Management was contracted by the city to manage the 70-acre “Riding Park” (part of the Open Space purchased by SJC taxpayers at Ortega and La Pata). However, Brandes works simultaneously as VP of Marketing for Blenheim Equisports, an equestrian events company co-owned by her father, RJ Brandes. Thus, Blenheim Facilities Management rents fields to its other entity, Blenheim Equisports. ● SJC Taxpayers Restricted from Using the Property Because Blenheim Facilities Management gives the lion’s share of event dates to Blenheim Equisports, commissioners questioned whether this amounts to a monopoly, pointing out that the company rents fields essentially to themselves in order to generate significant profits for their events company. This restricts use by SJC taxpayers who pay the mortgage on the open space property (approximately $2 million per year) through increased property taxes. ● Eliminating Competition for Riding Park Field Rentals San Juan sports teams are supposed to be given priority for field rentals however, property manager Blenheim Facilities Management charges field rental fees that are so steep (four times higher than field rentals at other city parks) that most soccer and other sports groups are priced out of the Riding Park. This in turn frees up more event dates for her own company to continue to generate profits. In addition, soccer groups have been charged up to $7 per vehicle for parking at the Riding Park, while parking for Blenheim's equestrian events is often free.

Blenheim Facilities Management office at the publicly owned “Riding Park” is pictured above, with Blenheim Equisports “Showpark” offices located in the building in the background. Questions raised include why the two related entities are allowed to both manage and largely monopolize the open space for moneymaking equestrian events serving mostly out-of-town equestrians.

● No-Bid Contract City code states that Professional Services contracts amounting to more than $125,000 per year must be put out to bid. There are three exceptions to this rule, however Blenheim does not appear to meet the definition for exception. Records indicate that no bids were solicited or obtained for management of the Riding Park open space property; the contract appears to have been simply granted to Blenheim.

● Possible Code/Contract Violations Photos taken at the Riding Park during a recent tour were shared with the Parks, Recreation and Youth Services Commission at their July 18 meeting. The photos depict what appear to be code violations, health/safety issues, and conditions prohibited by Blenheim’s management contract (see "Multiple Violations at Riding Park?" on pages 4 & 5). What do you think of the use of the Open Space at La Pata and Ortega? The CCS wants to hear from you! Email us at: eboard@ccsense.com. Names will be withheld to protect privacy.

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The historical families of San Juan Capistrano, the Nieblas Family and the Capistrano Historical Alliance Committee Board of Directors congratulates Father James "Jimmy" Nieblas S.D.B. on the occasion of his 50th anniversary of Consecrated Religious life as a Salesian of Saint John Bosco. We also acknowledge and celebrate Father James Nieblas as being the first from our Juaneno Band of Mission Indians, Acjachemen Nation to be ordained to the Priesthood of the Roman Catholic Church.

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Guest Column

Don't Be Fooled – Let’s Press for Real Solutions for Ortega! By SJC Mayor Pro Tem Kerry Ferguson

The original plan submitted by the Rancho Mission Viejo Company (“RMV Co.”) to the County was to build 5,000 homes east Mayor Pro Tem of San Juan Kerry Ferguson Capistrano. This led the County to take an important east-west arterial road near Avery Parkway off the County map.

Highway. Mr. Card made it clear that widening the Ortega without committing to or completing the other 10 improvements would only add to our congestion.

In 2000 however, the RMV Co. increased the number of homes they wanted to build to 14,000 but instead of putting the east-west arterial back on the map, they pushed for widening Ortega as a solution for the greatly increased congestion. In San Juan Capistrano, there was understandable fear that our history-rich village would be overrun by a new community to the east and made little more than a doormat for the RMV Co's added traffic. In fact, former mayor Wyatt Hart once told the LA Times: "This city was well planned. Our problem is the other communities; widening would only push the city toward the failing point."

Unfortunately, until now, only two of the five top recommendations have been committed to or completed. And yet, the RMV Co., Brad Gates and others, including Councilman Allevato, have continued to push for the widening, surely knowing that it won't help with congestion or safety

In the 2002, our city paid $200,000 for a Strategic Transportation Plan. Civil Engineer Les Card looked at the entire region and made 11 recommendations which included building the east-west arterial between the 73 Toll Road and Antonio Parkway; extending La Pata; adding lanes to I-5; adding another north-south route to I-5 south of San Clemente, and last on the list; adding two lanes to Ortega

Now, with the new homes, new high school; with the Ortega as the only route to the 73 Toll Road for Sendero and Esencia, and with county and local trash trucks using the Ortega exclusively to reach the dump, traffic has increased. What is needed is not just two lanes, but another route to the 73 and a route to I-5 south of San Clemente. We need the east-west arterial near Avery.

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- unless the five recommendations come first. Rather than taking responsibility for building the road that truly is needed for their development, the RMV Co. would only contribute $450,000 to adding nine tenths of a mile to the estimated $30 million it would take to widen Ortega. Any OCTA Grants, "M2" (gas tax) funds and city monies that would pay for the rest are all funded by YOUR TAX DOLLARS. We also would lose more than 100 mature trees, have ugly sound walls and have even worse congestion.

Ironically, it is people like Wyatt Hart who would likely be pleased as they would be able to sell unusable portions of their property for hundreds of thousands dollars. Another issue that has been WILDLY MISREPRESENTED is SAFETY. Recently, the six people who signed a letter to residents in SJC and surrounding communities

Community Common Sense

claimed there were 37 accidents on that stretch of Ortega in 2015 alone. UNTRUE! Per City Traffic Engineer George Alvarez, there were only 6 accidents - a huge difference! Furthermore, in a statistical study from Mr. Alvarez, the number of accidents in that stretch over 5 YEARS was only 24. The Continued on page 7... PAGE 3


Multiple Violations a

Listed below are photos taken recently during a tour of the “Rancho Mission Viejo Riding Park at San Juan Capistrano”. This “open space” Management to be the property manager. The photos below depict what appear to be multiple code and contract violations. We asked City M

"Gray water" outside trailer housing

Gasoline and chemicals stored out in the open. Note light pole and antenna.

One of several “horse washing stations” used to off horses, next to San Juan Creek which is a Rip Habitat protected by the US Fish and Wildlife Ser

Hundreds of pots stored by a commercial nurse the open space

Electrical wires and cabling hooked up to RVs next to dry brush

Photo depicts what appears to be a makeshift toilet; a bucket in a cardboard box with a curtain but no roof

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Trailers with yards appear to be long-term housing PAGE

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at the Riding Park?

was purchased with $27.5 million of SJC residents' tax dollars but is used by a commercial business. The city hired Blenheim Facilities Manager Ben Siegel how he plans to resolve these and other problems. We will print his response in the next CCS.

hose parian rvice

ery on

Satellite dish providing TV service to trailer is prohibited by property purchase contract

Drainage and portable toilets behind horse washing stations, next to Federally protected Riparian Habitat

Broken hose connected to RV draining to shrubs Electrical wiring and junction box next to dry brush

Gray water draining from trailer

Another indication of long-term tenancy. Note BBQ on card table next to gas can and propane tank

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Letters to the Editor

Ortega; To Widen or Not to Widen - Readers Weigh In We received a number of emails about the letter and petition card mailed out to residents in SJC and surrounding communities, asking them to petition the SJC City Council to revisit the issue of widening Ortega Highway. Due to space limitations, we are only able to print a few of the letters below. Names have been withheld to protect privacy. “By all means, stop the widening of Ortega. The Ranch and there friends need to stay out of trying to run our city (San Juan Capistrano). All they want is more homes and thus more dollars for there pockets. Let the Ranch find another way to get people into there new development, but not through widening Ortega.” SJC resident “As a resident and homeowner in SJC for the last 9 years it is my opinion that we should not widen Ortega Hwy in San Juan Capistrano. Having been born and raised in Orange County… I have seen many cities improve for the better and worse. How could building high ugly retaining walls, increasing speed limits in a residential district be for the good of our city? Yes, I agree with SJC residents that widening Ortega Hwy will undoubtedly turn it into a freeway on-and-off ramp for the Ranch's new city. The retaining walls will be an eyesore, the speed will increase, there will be added pollution causing allergies and other illnesses, and the traffic noise will be unbearable. The worst part are the dangers that will be thrust on… residents that live 100 Feet or less from Ortega Hwy, as well as the surrounding area. The quality of life as we know it will be gone forever. It will be altered dramatically for the children that play in their backyards and front, the teens that are new drivers will be at risk learning to maneuver around the busy interstate.

Lastly, the hard earned dollars the residents invested in their homes will be devalued and lost. Some homes may be destroyed to make way for the widening as well as businesses. It will cause a frenzy exodus of residents forcing home prices down. Laguna Beach, San Clemente, and Dana Point, have kept 35 mile speed limit in their cities with no ugly retaining walls despite the tremendous traffic that flows through. These surrounding cities mentioned were desirable destinations back since their conception and for me as a teen in the 70's as they still are today. These cities put their residents first and the integrity of the city not monetary gain. Yes, there's tons of traffic in our city, but widening Ortega Hwy, building a high cement retaining wall won't alleviate the traffic. Widening Ortega will increase traffic bringing noise and pollution while the cars whizz though our town to the freeway." SJC resident “I am absolutely AGAINST the widening of our beautiful Ortega Highway. I do not want more traffic, faster speeds, and especially a 25 ft. Sound wall! (Not to mention 14,000 additional homes, thousands of additional cars, and the traffic horrors that would be caused by the increases of semis, cement trucks, etc. to build said # of homes!) If County approval for 14,000 additional homes is DEPENDENT upon "adequate road capacity to handle the greatly increased traffic that will be generated" then let the Ranch spend their OWN money and put their arterial road at Avery or Junipero Serra or Stonehill.

Ortega Highway and the adjacent residents already have been abused more than enough by the decision to let other cities use our dump. Add a signal, but do not widen!” 30-year resident of San Juan Capistrano “As a long time San Juan resident, I am disappointed in the actions of those who want to try and shove more Ranch traffic down our collective throats. It makes no sense to widen the Ortega – it will only invite more traffic and will increase the speed limit, making it less safe – not more safe like the Ranch cronies claim. Then there’s the visual blight; why on earth should we turn what is now a scenic road into a freeway on and off ramp for new development that’s not even in our town? This makes no sense…” SJC resident “I am all in favor of NOT widening the Ortega. I feel the Ranch should provide an alternate route (near/at Avery Pkwy) since they are adding a huge number of homes, more than even a wider Ortega could handle. I've lived in SJC for over 20 years and while I can accept growth, I also feel developers should provide services to and for their new developments without restructuring current residents sense of community. Thank you for the opportunity to share my concern and opinion.” SJC Resident “I saw your article regarding letters

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being sent out for the Ortega Widening. It brought many issues up beyond the widening of the road and I appreciate the information provided. I can definitely understand the opposition to it. My point is only related to the safety of the single lane portion of Ortega. It is unsafe as it currently stands. I live off of Ortega Highway on this stretch of road. There’s a blind corner as Ortega drivers enter SJC from the wide, fast Ortega/Antonio intersection and these drivers don’t slow down! Whenever I make a right turn onto Ortega, I have an eye glued to my rearview hoping that the person behind me will slow down in time! It actually makes me thankful of the heavy trucks that travel on Ortega, as they generally move slower and provide the space needed to safely turn into Ortega. However, there’s still plenty of commuter traffic that makes dangerous. It definitely stresses out my wife! She mentioned how a driver even saw her getting ready to make the right turn and they sped up. I know that people are busy and want to get somewhere in a hurry, but this transition area from Ortega/ Antonio to SJC is a public safety hazard. Even the speed limits don’t make sense. This single lane stretch is 45 mph, with no shoulders and many residential intersections. However, when you approach La Novia, where the road is double lane, with wide shoulders, sideways and planty of visibility, the limit drops to 40 mph! Forget about making a left turn - it’s an impossibility during most Continued on page 7... PAGE

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NOTICE OF ELECTION

Letters to the Editor

of the daytime. We live so close to San Juan Hills HS but this inability to make a simple turn due to high traffic, high speeds and low visibility make the neighborhood school feel like it’s in another city. So, it’s with some bewilderment when I read that some people don’t consider this a safety issue. My wife and I face this several

times a day. I’m not commenting on whether widening is the solution, but something has to be done as it’s just a matter of time before an accident does occur.” SJC resident

NOTICE IS HEREBY GIVEN that a General Municipal Elections will be held in the City of San Juan Capistrano on Tuesday, November 8, 2016, for:

Members of the City Council, from District 1 and District 5 each for full terms of four years.

If no one or only one person is nominated for an elective office, appointment to the elective office may be made as prescribed by § 10229, Elections Code of the State of California.

The polls will be open between the hours of 7:00 a.m. and 8:00 p.m.

Thoughts on the “Racist” Lawsuit “I feel Mr. Shenkman needs to be stopped before any fees are [paid] to him by any SJC residents. I can't believe this guy is getting away with this "Scam". Tina Auclair and Louie Camacho… who are these people that want to sue our city that are in the Real Estate Business… don't they make enough money already… are they

suing to change the law or just to line their own pockets along with Mr. Shenkman… this is a disgrace to our community . I agree with Mayor Patterson the law needs to be changed. "Together we can make a difference." 24-year SJC Resident

Maria Morris, CMC - City Clerk Dated: June 29, 2016

NOTIFICACIÓN DE LA ELECCIÓN POR LA PRESENTE SE DA AVISO de que se habrá de llevar a cabo una Elección Municipal General en la Ciudad de San Juan Capistrano, el martes, 8 de Noviembre del 2016, para los siguientes Funcionarios:

Miembros del Concejo Municipal para el Districto 1 y el Districto 5. (Período completo de cuatro años)

Si no se nomina a nadie o solamente a una persona para un cargo electivo, se puede realizar el nombramiento al cargo elegido según lo prescrito por la §10229 del Código Electoral del Estado de California.

Los centros electorales estarán abiertos entre las 7:00 a.m. y 8:00 p.m. Maria Morris, CMC - Secretaria Municipal Fecha: 29 de Junio del 2016

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Demonstrably, the slowing traffic through that narrower portion of Ortega is safer for motorists. What is really sickening in the letter sent to residents is the pro-widening group's use, for political gain, of the poor girl who crashed head-on into a truck at 2:30AM. That tragic crash was reported immediately by our Sheriff’s department as not roadrelated. The medical report has not yet been released, but when it is, it will most certainly bear that out. REAL SOLUTIONS to our mobility problems are for the RMV Co. and TCA to create the essential east-west connection between Avery Parkway, the 73 Toll Road and Antonio Parkway and/or Ortega Highway. That could take as much as 20% of the

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traffic off our Ortega Highway in the years to come. Several other measures that can help to reduce congestion and improve safety include; “Do Not Block” signage at intersections, express left turn lanes similar to the one for exiting at the Golf Club, and “No Turn on Right" signage on La Novia at Ortega. These would help ease congestion and improve safety and make turning left much safer. Caltrans and OCTA are already working on improvements such as these. Don't be fooled by the lure of a "quick fix." It might feel good initially, but it won't be long before the road will be once again be clogged, leaving our town with no trees: 24foot sound walls like a freeway,. Let’s Demand Real Solutions; that's where real safety and freedom to move really lie! PAGE

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