The Capistrano Insider

Open Space Update: More Deals Possible

This update from Colleen Edwards, a member of the Open Space Committee, based on reports from the committee's meeting this week:

• The Rancho Mission Viejo Riding Park of San Juan Capistrano acquisition continues to move forward this month with unanimous overall support from the City Council – in fact, the City approved LAFCO annexation just this morning . Details are being fine-tuned with every step to ensure this is a win-win for the City and the seller, as every negotiation should be.
• The City has received a willing seller letter from Saddleback Valley Christian Schools, assuming agreement can be reached on purchase price and appropriate terms, covering all or part of 57 acres located at the confluence of Trabuco Creek and Oso Creek. The City would utilize funding from the Measure M Freeway Mitigation Program. This potential acquisition would allow the City to protect a critical wildlife passage.
• San Juan Capistrano has been pursuing Measure M environmental preservation funds and, while there are no guarantees of funding, we believe our City is extremely well positioned because of the pivotal role it plays in completing the wildlife corridor from Orange County's eastern preserves, such as O'Neill Regional Park and the Cleveland National Forest, to its coastal wilderness preserves, including Crystal Cove State Park and Laguna Coast Wilderness Park. Riparian projects are also attractive for Measure M funding, particularly those areas, like SJC’s Open Space in the Northwest, that are home to protected species of steelhead trout and gnatcatcher birds. The pursuit of Measure M funding is a long, science-centric process, and the Open Space Committee along with City staff and expert consultants, has been working diligently on informing and educating the key Measure M decision-makers for over a year. Decisions about which projects make the first cut will be made in a December 17th meeting. We will report back to you at that time.
• The City is also working on Proposition 84 grant applications which have deadlines of March 1. These grants range from $100K - $5 million. We are submitting grant applications for 1) Northwest Open Space Phase 1A (approximately $2.85M); 2) Artificial turf of Stone Field near downtown (approximately $1 million); and 3) a new skate park near the existing Sports Park (approx. $500K). Other grant apps may also be submitted for subsequent deadlines.

 

More Salvos at Open Space Committee Work

Residents expressing concern about various proposed open space deals have fired a couple more salvos:

This weekend, some of 6,000 fliers questioning whether the committee has been open enough in its work were distributed in neighborhoods in town. The flier took issue with negotiations by committee members that saw OCTA move forward with an MOU that would have allowed double-tracking from Laguna Niguel to La Zanja in town.

The council rejected that.

And then today, some of the same folks -- but not all -- filed a complaint with the City Attorney's Office, saying members of the group have not filed conflict-of-interest reports as required.

That letter was signed by Jim Reardon, former Mayor Roy Byrnes, Kim Lefner, Lennie DeCaro, Helen Welch and Kevin Murphy. Noteable is that those folks were among Mayor Mark Nielsen's strongest supporters when he was running for office: He's now heading up the Open Space Committee and taking their heat.

Here's the letter.

Here's a link to the group's Web site.

Open Space Committee member Tom Lunnen will be at Coffee Chat on Friday, August 14 to talk about some of the potential deals. Coffee Chat is at Metro Java at 8 a.m. Metro Java is across from Wells Fargo Bank on Camino Capistrano.

If you want to tour the 132 acres the city is negotiating to buy from Rancho Mission Viejo, call Cathy Salcedo at 949.443.6317.

Open Space Committee meets mid August

I expect these to get more interesting with all the debate over the Crystal Cathedral deal...

From the city:

The Open Space Committee’s next meeting takes place on Aug. 17. The committee, chaired by Mayor Mark Nielsen and vice-chaired by Councilman Tom Hribar, is responsible for identifying obtainable open space area, funding tactics and developing strategies for future planning and environmental work and more.

 The committee usually meets the first Monday of the month. Rescheduling the meeting gives the committee, which consists of three subcommittees – Planning, Finance and Public Outreach/Education – more time to complete projects and report back to the community.

The Open Space Committee meets at 6:30 p.m. in Council Chambers at City Hall, 32400 Paseo Adelanto. For more information about open space efforts, visit the committee’s Web site at www.sanjuancapistrano.org  and click on the Open Space Initiative link.

Schelden over at the Register has posted a piece about Councilman Lon Uso's problems with the Crystal Cathederal deal, which Uso has also written about in his column in The Dispatch. Here's that article.

City Attorney: Open-Space Deal Legal

San Juan Capistrano's City Council and Redevelopment Agency acted properly when it approved a development deal that would add more than 100 acres to the city's Open Space portfolio, but also allowed a 750,000-square-foot retirement community in the northern part of town, City Attorney Omar Sandoval says in a letter.

Sandoval wrote in response to three homeowners who questioned whether too many of the details of the plan -- which gives the city an option but is not finalized -- were worked out in secrecy, rather than in a public forum.

The development, on 34 acres, is expected to generate $10 million in taxes, which the city would then use to buy 116 acres from the developer, Continuing Life Communities. CLC would buy the 150 acres from Rancho Capistrano.

The letter, from former Mayor Roy Byrnes, Kim Lefner and Jim Reardon, asks the city to set aside the decision and address the issues in open session.

But Sandoval says that's not necessary, because the law allows real-estate discussions in closed session.

Already, though, the residents have responded, with Reardon contending the city misstepped, and the closed-door sessions are supposed to be limited to price and terms of the deal. He says this agreement went far beyond those limits.

Click here to see Sandoval's letter

Click here to see the response.

Here's the original post and letter.

Homeowners Question Northern Open-Space Deal

Three homeowners -- Roy Byrnes, Kim Lefner and Jim Reardon -- sent the city a letter Wednesday alleging state open-meeting laws were violated in putting together the proposed open-space deal at the north end of town.

That's the deal that would see the city acquire 116 acres of the Cyrstal Cathedral property, after Continuing Life Communities buys 150 and develops a 750,000-square -foot retirement community.

Money for the city's land purchase, the city says, would come from increased tax revenues on the property.

But some critics of the plan say it doesn't work out financially, and the development is too large.

Byrnes, a former Mayor, and Reardon raised concern in the last issue of The Capistrano Dispatch.

Now, the homeowners are saying the tentative deal was reached illegally, out of hte public eye.  The issue is complicated, because it comes up through the Open Space Committee, and members of that committee have been given the power to essentially do some dealing on behalf of the city.

Here's a copy of the homeowners' letter;

Here's a link to Brynes and Reardon's letters to the community; (page 14)

Here's the city's initial news release about the deal:

The San Juan Capistrano City Council announced tonight that the City and Redevelopment Agency has entered into an agreement with Continuing Life Communities (CLC) for an option to buy 116 acres of open space land in the Northwest area of town.  CLC is acquiring a total of 150 acres of development-zoned property from Crystal Cathedral Ministries.  CLC plans to develop 34 acres into a low-impact, upscale assisted living/retirement community while extending the City and Redevelopment Agency an option to acquire the remaining 116 acres for open space preservation.  

This option agreement enables the City and Redevelopment Agency to retain soccer fields, preserve Oso Creek and maintain hillsides, ridgelines and open space areas while generating critically needed revenue for the future.  It also positions the City and Redevelopment Agency even more favorably for potential Measure M matching funds for ecological preservation down the road.  Crystal Cathedrals Ministries will continue to occupy a 20-acre parcel that is currently developed as a retreat center and chapel.

The option agreement will enter into escrow later this week, entitling the City and Redevelopment Agency to purchase 116 acres of land, or 70 percent of the overall parcel, for $10 million. The CLC community development and the actual open space acquisition will take place over the next four to five years.

“The option to acquire this valuable open space land that serves as the gateway to our City is a huge win for San Juan Capistrano and can be funded entirely by new revenue from CLC," said Mayor Mark Nielsen, who also serves as chairman of the City's Open Space Committee.  The new tax revenue stream CLC provides will enable the City and Redevelopment Agency to secure redevelopment bonds to finance the acquisition as well as fund other redevelopment agency projects such as infrastructure and other needed improvements.”

In addition to a much-needed tax revenue stream, project fees will be generated by CLC, which will help restore the City and Redevelopment Agency to a healthy budget position.  

“We’re delighted to take 116 acres of development-zoned land off the market with this option agreement and be able to preserve more open space land for the community’s enjoyment and for future generations to enjoy,” said retired Sheriff Brad Gates, a lifetime San Juan Capistrano resident and chairman of the Open Space Committee’s Finance Subcommittee.  “We’re fortunate to have the deep expertise and vision of residents Tom Lunnen and Dick Paulsen on our Finance Subcommittee, their unique skills made this agreement happen.  The current plan for the Northwest land is far superior to the sprawling postal processing center that was once proposed, and it helps us meet our objective of preserving open space while creating an important revenue stream for the City and Redevelopment Agency.”