EYE ON SJC

Local Group Sues City Over Skatepark Project

BY COLLIN BREAUX

Plans for San Juan Capistrano’s first skatepark have been mostly well-received in the community, but not everyone supports the project.

Preserve Our Farm SJC, a nonprofit, recently filed a lawsuit against the City of San Juan Capistrano in opposition to the project. The lawsuit—which was filed in Orange County Superior Court in late April—alleges the city did not conduct a proper environmental review in regard to the skatepark, which the city plans to build near The Ecology Center.

Former SJC Mayor Carolyn Nash is listed as an officer and member of Preserve Our Farm SJC. Nash had not responded to requests for comment about the lawsuit, as of press time. Other members of the nonprofit are not named in the filing.

The San Juan Capistrano City Council discussed the matter in an executive session closed to the public during a meeting on May 3, but no action was reported afterward.

“Undoubtedly, the lawsuit will add cost and delay the project,” City Manager Ben Siegel said in an email in response to questions about the lawsuit before the meeting.

Preserve Our Farm SJC opposes the project and challenges actions taken by the city for it “and further challenges city’s illegal authorization of the development of Kinoshita Farm contrary to voter-imposed restrictions on such development and the funds used to acquire the site,” the court filing said.

“In particular, petitioner seeks to invalidate the approvals with respect to the project on the grounds that city has violated CEQA (California Environmental Quality Act) and/or other applicable laws and further seeks to invalidate city’s illegal authorization of Kinoshita Farm’s development,” the court filing said.

Nash, who served as mayor in 1995, wrote an editorial published in The Capistrano Dispatch in March 2020 expressing opposition to development of the property. The residents of San Juan Capistrano own

Dozens of skateboarders throughout South Orange County participate in the Spring 2019 Skate Jam at the San Juan Capistrano Community Center. A lawsuit filed by Preserve Our Farm SJC is attempting to stop San Juan Capistrano’s first skatepark from being built. Photo: Shawn Raymundo

the farm, because residents voted in 1990 to give the city $21 million of their property taxes over 20 years to buy the Kinoshita Farm—and, thus, the city is “supposed to be caretaker of the Farm and preserve it permanently for all of us and for future generations,” Nash wrote at the time.

“We bought the farm. We bought this property to forever save the farmland, to preserve open space for us in 1990, and now, for you, and for future San Juan residents,” Nash said in the editorial. “We bought the farm to preserve it, not to save it for development 30 years later!”

No hearing has currently been set for the lawsuit.

Current San Juan Capistrano Mayor Derek Reeve briefly addressed the skatepark project during the May 3 meeting after a resident brought it up, saying the city is committed to moving forward with the park’s construction.

“We’re going to keep discussing this on our end and taking the most prudent route that ensures that we get a skatepark,” Reeve said.

City leaders and residents have said the skatepark will be a valuable addition for the community, providing local kids an area where they can safely have fun. The City Council approved rezoning measures during an April 5 meeting that was essentially the last regulatory step in moving plans forward for the skatepark.

“The proposed project would include a 20,000-square-foot, all-wheel skatepark area with skate elements designed primarily for beginning-to-intermediate skill levels, along with a playground structure, restroom building, seating, landscaping, drinking fountain, fencing, trash receptacles and pedestrian access to Camino Del Avion and the City’s adjacent Sports Park fields,” an agenda report from the April 5 meeting said.

The agenda report also said San Juan Capistrano community members have wanted a skatepark for “over a decade.”

During a presentation on the city’s capital projects at the May 3 meeting, Public Works Director Tom Toman said the skatepark project is in the “final, final stages” and expected to go out to bid soon for construction. City officials previously estimated the project could be finished by this winter.

City Outlines Optimistic Financial Forecast for Upcoming Fiscal Year

BY COLLIN BREAUX

Two years after the initial onset of the COVID-19 pandemic led to concerns about the economic vitality of San Juan Capistrano and the world, the South Orange County city looks to be in good fiscal shape.

City staff presented a draft city budget to the City Council during a meeting on May 3 that essentially signaled the city is financially strong. In particular, the city is expected to have a $3.6 million surplus for Fiscal Year 2022-23.

The council is expected to approve a final budget for the upcoming fiscal year in June.

City Manager Ben Siegel said operating revenues “significantly” outpace expenditures, and the city has a “sustainable framework” for the near- and mid-term planning horizon. The projected revenue for FY 2022-23 is $37 million, while expenditures are estimated at $34 million.

Police services make up most of the General Fund operating budget, which also funds the public works department and government services. Specifically, for the proposed upcoming budget, staff recommends allocating $1.5 million from salestax revenue to fund the upcoming new City Hall, which will be built at the current City Hall site and also include affordable housing for at-risk individuals on the property.

The city’s favorable fiscal state was attributed to several factors, including the City Council cutting down annual expenditures in June 2020 and increased tax revenue in recent times. Property taxes make up most of the city’s revenue sources, which also come from sales taxes and restaurants. The numerous car dealerships in San Juan were also said to be a big factor in the local economy.

“The property-tax revenues fund 39% of the General Fund budget, and sales taxes fund 32%,” City Finance Director Ken Al-Imam said. “There’s been a moderate increase in property-tax revenue to the General Fund in the city over the past eight years.”

Sales-tax revenue has “jumped effectively by $2 million” over time—an upward trend that is expected to continue, Al-Imam said.

Mayor Pro Tem Howard Hart asked how the economic leap was possible, given it happened during the COVID-19 pandemic.

“There is a little bit of a lag between commerce and sales tax receding. It’s about three months,” Al-Imam said. “The most significant financial impacts of COVID on our local businesses, including the car dealerships, impacted our local economic community in Fiscal Year 2020.”

“We were very fortunate. Our sales tax consultants were amazed at how quickly our car dealerships rebounded from the COVID-19 impacts,” Al-Imam continued. “I think we just have a great portfolio of car dealerships in the city that provide a great product for the entire South County area.”

Online business sales also contributed to economic growth, Al-Imam said.

“The proposed budget for the coming fiscal year is appropriately conservative, and recognizes that there are several economic and market risks that are far beyond the city’s control,” Siegel said. “To hedge against those risks, we are proposing to continue to grow the city’s reserves—which are already very healthy, but as we know, with increasing interest rates and other uncertainty, we think it’s prudent to continue to increase the city’s General Fund reserves.”

As part of the general discussion on funding and city projects, staff also discussed upcoming plans to improve streets in San Juan—including major roadways used by drivers, such as Camino Capistrano from Dana Point to Laguna Niguel, as well as residential streets. Estimated costs for overall street work, which will span the coming years, is more than $43 million.

The city is looking at improving streets such as Camino Del Avion, San Juan Creek Road and Camino Las Ramblas in future fiscal cycles. Street conditions are said to have deteriorated over time because of neglected maintenance, due to unavailable funds. Recent federal funding provided due to the pandemic is going toward the improvements.

Improvements will first be made on Camino Capistrano during the upcoming year.

Supervisor Lisa Bartlett Discusses Housing, Public Safety with Fifth District Residents

BY COLLIN BREAUX

Housing, the revitalization of Dana Point Harbor, and public safety were among the many topics that Orange County Board Supervisor Lisa Bartlett touched on during her State of the Fifth District Address on May 5.

Bartlett—whose district covers Dana Point, San Clemente, and San Juan Capistrano—spoke before a crowd of community members at the Crown Valley Community Center in Laguna Niguel.

Bartlett highlighted new housing construction in the form of affordable housing complexes underway in San Juan Capistrano—specifically, on Paseo Adelanto at the current City Hall site and The Groves complex on Camino Capistrano across from JSerra High School.

“The Paseo Adelanto project just received board approval for funding, and The Groves project is currently under construction and scheduled for completion later this month,” Bartlett said.

Construction has not yet begun on the Paseo Adelanto project. Housing at The Groves is intended for senior citizens.

Bartlett also mentioned the revitalization of Dana Point Harbor, a public-private partnership in which the Dana Point Harbor Partners plan to revamp and manage the harbor within five to seven years under a long-term lease agreement.

“This is a great example of the county working with the private sector … letting government do what it does best—keeping government small, efficient, accountable, and transparent—and letting the private sector (use their) expertise to put forth great projects,” she said.

“They’ve got the ability to do things a lot quicker,” Bartlett continued. “This is a $400 million project. When I got elected, I said, how are we going to pay for this project? The county doesn’t build boat docks. We decided the best thing to do is to bring in that private sector partner.”

A three-tiered parking structure for the area should open in the near future, Bartlett said.

Bartlett further touched on public safety, particularly with regard to fentanyl abuse and law enforcement. The county supported the Orange County Sheriff’s Department’s request for bodyworn cameras, Bartlett said.

“We allocated about $14 million— most of that was in a grant—for bodyworn cameras,” she said. “I’m confident this technology will help improve the interactions between our deputy sheriffs and the public, and capture evidentiary outcomes.”

As for fentanyl, Bartlett said abuse of the drug is a public health risk.

“When you take a look at what’s happening in our communities, the numbers and percentages are really staggering. From 2016 to 2020, fentanyl-related deaths in Orange County increased 1,110% and statewide, they increased 1,600%,” she said. “From 2017 to 2020, the Orange County Sheriff’s Department seized over 388 pounds of fentanyl, which potentially contained 88 million lethal doses and had a total street value of $43 million.”

The county is devoting resources to address fentanyl abuse and raise public awareness on the issue, Bartlett said. Drug dealers who sell or distribute drugs should get harsher penalties when drug users die, including being charged for murder, she said.

Where sexually violent predators are

Council Approves Rezoning Measures for Redevelopment of Camino Playhouse Property

COLLIN BREAUX

In order to facilitate plans by local developer Dan Almquist to build retail and office building spaces—in addition to other uses—at the current Camino Real Playhouse site, the San Juan Capistrano City Council approved initial rezoning steps as proposed by city staff during a meeting on May 3.

Almquist and his company, Frontier Real Estate Investments, have had in mind redevelopment plans for the site and associated downtown property for a while, previously working with the city on other rezoning measures. While the Playhouse property was under review as part of a broader study effort encompassing a proposed 7.3-acre specific plan area that would have included three private parcels and nine city-owned parcels, Almquist recently withdrew that request and instead asked the city to initiate a new General Plan amendment, code amendment and rezone study for the creation of a smaller 1.68-acre specific plan area that was approved on May 3, according to an agenda report. The new area includes four city-owned parcels.

The rezoning creates a zoning area that is particular to the area in question. Frontier Real Estate Investments was selected to enter into exclusive negotiations with the city for development of the property in October 2017 by the City Council.

“The proposed Specific Plan would facilitate the development of a commercial project on the 1.68-acre City-owned property consisting of two, 2-story buildings with approximately 27,457 square feet of retail, restaurant and office uses, and a 4-story parking structure with a 2,607 square-foot retail space,” the agenda report said.

Access to the site would be only from El Camino Real, said David Contreras— the city’s principal planner—during a project presentation to the council. The proposed project would require the demolition of the current Camino Real Playhouse building.

“It is our goal to construct a project that will enhance the community as well as provide important parking solutions to this region of the city,” Almquist said in a letter sent to the city on April 22. “The development team is comprised of key members of Frontier Real Estate Investments, Inc. They have added local architects, landscape architects and development consultants to the project team to ensure a comprehensive approach to the project planning has been undertaken.”

Almquist had previously discussed his plans to build a new downtown performing arts center—possibly near the Historic Town Center Park—and incorporated those details into the prior project proposals submitted to the city, though the new performing arts center component was removed from his updated separate plans for retail and office space at the current Playhouse site. Almquist has been open about seeking funding to build a new performing arts center in downtown San Juan Capistrano. Almquist and Playhouse personnel have previously said current theater staff members would transition to the new performing arts center.

As for the next steps, Almquist will prepare a draft plan. A required environmental review will also be done, and Almquist’s plans will be reviewed by the Cultural Heritage Commission and Planning Commission, who will give recommendations to the City Council— which gets to make the final decision on whether to approve the rezoning measures.

“My only comment is, this looks like a really good project,” Mayor Derek Reeve said during the May 3 meeting. “We’re almost there. We’re so close. This will be a great addition to the community.”

Orange County Fifth District Supervisor Lisa Bartlett discusses ongoing projects in South Orange County during a State of the Fifth District Address with constituents on May 5 in Laguna Niguel. Photo: Collin Breaux allowed to live was another topic brought up by Bartlett. The Orange County Board of Supervisors supported a proposal that Bartlett brought forth against placing sexually violent predators in Orange County, defining such predators as those who have been convicted of a sexually violent offense and who have also been diagnosed with a mental disorder that makes them a threat to others and likely to be sexually violent.

“Currently, the state has the sole authority to place sexually violent predators in communities, and the burden is then placed on counties to—if needed—locate secure housing for these individuals that have been convicted of a sexually violent crime,” Bartlett explained.

“Law enforcement is provided notice, but here’s the issue … no provision is made for counties to participate in the placement process or to object to the state’s plans for placement,” she added. “Local jurisdictions really should have the opportunity to weigh in on this process.”

No sexually violent predators have currently been placed in Orange County, though some have been placed in San Diego County, she said.

Bartlett, a Republican, is serving her last term on the Orange County Board of Supervisors because of term limits. She is currently running in the 49th Congressional District race against Democratic incumbent Mike Levin and other challengers, including former San Juan Councilmember Brian Maryott, Josiah O’Neil, Christopher Rodriguez, Renee Taylor, and Nadia Bahia Smalley.

The Primary Election for the Congressional race will be held on June 7.