March 13, 2019 CUSD BOT Meeting Agenda Item #20- PRESENTATION - UPDATE ON GIFTED AND TALENTED

Board Agenda page 340

 

Don't Let the TCA Fool You!

Only One Route Is Being Planned From Oso Parkway to Pico


Source: Final Program Environmental Impact Report 

 

EIR at page 428

The only contact for CUSD is an enrollment clerk? The Capistrano Unified School District would want to work closely with Rancho Mission Viejo and the County of Orange to make sure that development did not adversely affect the health and safety of staff and students and to make sure there was sufficient capacity at local schools for new development. Using a 2004 EIR does not make sense. It is also very clear that this EIR demonstrates that the TCA/County of Orange are only studying a single route for the Tesoro Extension of SR-241 from Oso Parkway to Pico.

EIR at page 1607

The Capistrano Unified School District should have had some comments on this project. 

The following Maps show that there is only one route being studied for the Tesoro Extension of SR-241 from Oso Parkway to Pico. This EIR was done in November 2016, after TCA was denied wastewater discharge permits to construct this project. 

EIR at page 671

EIR page 687

EIR at page 699

EIR at 700

EIR at 701

EIR at 702

EIR at 704

EIR at 759 

 

 

EIR at 267

 

The data they are using in this EIR is from 2013-14. It is from 2004 FEIR 589 June 10, 2004

Here are the latest numbers from the State of California 2017-18

School Name Stated Capacity 2017-18 Enrollment Available Capacity
Elementary School
Las Flores 708 633 75
Wagon Wheel 970 426 544
Harrold Ambuehl 667 377 290
Oso Grande 1092 1137 (45)
Where is Escenia K-8 and Ladera Ranch Elementary School?
Middle Schools
Las Flores 1247 935 312
Ladera Ranch 1457 1533 (76)
Marco Forester 1547 1383 164
High Schools
San Juan Hills 2563 2556 7
Tesoro  2428 1583 845

 

Elementary Schools

 

 

Middle Schools

 

High Schools

 

 

Date: March 5, 2019

 

To:  Dan Bane, Mayor Pro Tem
      Laura Ferguson, Council Member
      Chris Hamm, Council Member
      Steven Swartz, Mayor
      Kathleen Ward, Council Member 

Re: Closed Session Agenda Item  A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 3 Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency and County of Orange Case Number: OCSC 30-2017-00934703-CU-PT-CXC

I wish to bring the following information to your attention which can be found at the following link:  https://cusdwatch.com/index.php/2-uncategorised/1013-condemnation

Re: Construction of the Tesoro Extension of SR-241 from Oso Parkway to the San Diego/ Orange County Line without a valid CEQA or NEPA review

Re: Request for Investigation of the TCA, the County of Orange, Rancho Mission Viejo, the San Diego Water Board and the Capistrano Unified School District for Collusion and Criminal Fraud.

Due to Conflicts of Interest this matter cannot be brought to Orange County District Attorney Todd Spitzer because he was a member of the Orange County Board of Supervisors who administratively approved this.

Due to Conflicts of Interest, this matter cannot be brought to the California State Attorney General's Office because they are a Party to a Settlement Agreement regarding this matter. If facts warrant, this matter should be referred to The US Attorney General.

A NEW CEQA NEEDS TO BE OPENED FOR THE TESORO EXTENSION OF SR 241 WITH MODIFICATIONS AKA "F" STREET AKA LOS PATRONES PARKWAY. NEPA NEEDS TO BE OPENED FOR THE ROAD CURRENTLY BEING BUILT SOUTH OF OSO BRIDGE (TESORO EXTENSION OF SR 241 WITH MODIFICATIONS)

A new CEQA and federal environmental review of the Tesoro Extension of SR-241 with modifications aka "F" Street aka Los Patrones Parkway project must be re-opened because all of the following events have occurred, and there is new information regarding ownership of parcels Rancho Mission Viejo thought they owned (when they did not) which resulted in parcel transfers outside of the chain of title (Certificate of Compliance 2001-01 is invalid)

(a) Substantial changes were proposed in the project which will require major revisions of the environmental impact report.

(b) Substantial changes occurred with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report. 

(c) New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, has become available.

I am requesting that after the Council reviews the documentation contained in the link along with supporting documentation that is currently being finalized, that the Counsel will consider a resolution asking the US Attorney General to step in and investigate possible Collusion and Criminal Fraud.

Thank you,

Dawn Urbanek, San Clemente Taxpayer and Taxpayer and Student Advocate for the Capistrano Unified School District 

 

March 8, 2019

Camp Pendleton
General Robert B. Neller
Commandant of the Marine Corps
Headquarters, US Marine Corps
3000 Marine Corps, Pentagon
Washington, DC 20350-3000
This email address is being protected from spambots. You need JavaScript enabled to view it.

US Army Corps of Engineers
ATTN: CECC-C
441 G Street, NW
Washington, DC 20314-1000
James Wittaiker
Phone 202-761-0511
Fax 202-761-00270
Email: This email address is being protected from spambots. You need JavaScript enabled to view it. 

US Army Corps of Engineers
5900 La Place Ct Suite 100,
Carlsbad, CA 92008-8832
Ph: (213) 452-3897; 
Fax: (213) 452-4196; 
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

U.S. Fish & Wildlife Service
Office of Law Enforcement
2800 Cottage Way, W-2928
Sacramento, CA 95825-1846
Phone: (916) 414-6660
Fax: (916) 414-6715
This email address is being protected from spambots. You need JavaScript enabled to view it.

US Department of Commerce
[Contact information being added]

California Department of Fish and Wildlife 
South Coast Region
Regional Manager: Ed Pert
3883 Ruffin Road, 
San Diego, CA 92123
(858) 467-4201
FAX: (858) 467-4299
This email address is being protected from spambots. You need JavaScript enabled to view it.
This email address is being protected from spambots. You need JavaScript enabled to view it. 

CalEPA
State Water Resource Control Board- Division of Water Rights
001 I Street, 24th Floor
Sacramento, CA 95814
Telephone: (916) 341-7365
Fax: (916) 341-5252
Victor Vasquez
This email address is being protected from spambots. You need JavaScript enabled to view it.
[COMP-41767 submitted 02-21-2019] This is NEW information

CalEPA
State of California San Diego Regional Water Quality Control Board
2375 Northside Drive, Suite 100
San Diego, CA 92108-2700
Chiara Clemente, Senior Environmental Scientist- Compliance Assurance Unit
(619) 521-3371
This email address is being protected from spambots. You need JavaScript enabled to view it.
[COMP-41767 submitted 02-21-2019] This is NEW information

California Department of Real Estate
Complaint Intake Unit (CIU)
320 W. 4th St. Ste. 350
Los Angeles, CA 90013-1105
[Complaint Submitted 1-31-19 at 2:33:29 pm Confirmation Number 3163271704] This is NEW information. [Confirmation Number 3201650969]

California Coastal Commission
200 Oceangate, 10th Floor
Long Beach, CA 90802
(562) 590-5071
Andrew Willis, Southern CA Supervisor
This email address is being protected from spambots. You need JavaScript enabled to view it.

Re: Construction of the Tesoro Extension of SR-241 from Oso Parkway to the San Diego/ Orange County Line without a valid CEQA or NEPA review

Re: Request for Investigation of the TCA, the County of Orange, Rancho Mission Viejo, the San Diego Water Board and the Capistrano Unified School District for Collusion and Criminal Fraud.

Due to Conflicts of Interest this matter cannot be brought to Orange County District Attorney Todd Spitzer because he was a member of the Orange County Board of Supervisors who administratively approved this.

Due to Conflicts of Interest, this matter cannot be brought to the California State Attorney General's Office because they are a Party to a Settlement Agreement regarding this matter. If facts warrant, this matter should be referred to The US Attorney General.

[NEW INFORMATION] Letter from Ryan Burris, Chief Communications Officer to the Capistrano Unified School District Community re: Parcel 125-096-82 and Drainage at Tesoro High School Related to Construction of the Oso Bridge.  [See page 2 of the letter below]

"5. Is Los Patrones Parkway causing drainage onto Tesoro High School?

Cañada Chiquita Creek has, since long before the construction of Tesoro High School, flowed in or around its current location, from north of the high school to the south of it. Concurrent with the construction of the high school, in order to avoid flooding from the creek, massive drainage facilities were constructed to take flow from Cañada Chiquita Creek underground, from the northeast of the campus to a facility just south of the now-existing track field. Both structures are visible from aerial photographs. Such construction coincided with construction of the high school, and substantially pre-dated Los Patrones Parkway construction.

While portions of Los Patrones Parkway may flow into Cañada Chiquita Creek north and upstream of the school, we are not aware of any evidence suggesting that flows from such improvements are, or will, negatively impact the flow capacity of the drainage improvements adjacent to the school. Should actual documentation exist to suggest that flows from Los Patrones Parkway will substantially increase existing storm flow and overwhelm the existing drainage system, CUSD will gladly review.

Otherwise, to CUSD’s knowledge, there is no basis for suggesting that the drainage improvements at Tesoro High School create any health and safety risks for students, and in fact, such improvements were constructed to protect students, staff, and facilities from storm water events arising from Cañada Chiquita Creek, and were approved by the California Division of the State Architect (“DSA”) and the County of Orange for such purpose."

 

This letter to the Community was written in response to comments I made at the January 24, 2019 Capistrano Unified School District Board Meeting.

Board Audio at 44:33 BLUE CARD SPEAKER during Oral Communication: Dawn Urbanek re: Request that CUSD Protect Taxpayer property rights and the health and safety of students by taking action to remove Parcel #125-096-59, #125-096-60, #125-096-69 and #125-096-82 from CC 2001-01 and take action to Quiet Title on CUSD property. 

Board Audio at 48:20 Superintendent Kristen Vital asks Deputy Superintendent Clark Hampton to follow up and clarify "mis-statements of fact".

Board Audio at 57:17 Presentation by CUSD Special Counsel Stan Barankiewiez re: School Impacts from State Route 241 Toll Road Extension Alternatives Agenda Item #31

CUSD Board Agenda at page 666

 

Citizens Response to Capistrano Unified School Districts Statement #5"

The 401 Wastewater Discharge Permit R9-2014-0144 granted to Rancho Mission Viejo to build "F" Street aka Los Patrones Parkway as a "FREE" arterial road (not as a "TOLLED" road) shows 4 drainage basins on the permit. After a walking visual inspection as well as an arial inspection using Zillow maps shows that 9 basins were actually built, not 4.

It also appears that all of the water north of Oso Parkway and east of the Tesoro High School is being drained from east to west underneath "the Project" and onto property owned by the Capistrano Unified School District. The permit is for the construction of a free arterial road, but what is being built is a toll road. A toll road is much larger than an arterial road, and has much more concrete an impervious surface, and as such will substantially increase existing storm flow and could possibly overwhelm the existing drainage system that has been in place since 1999 when Tesoro High School was built.  

Documentation from 2013 Tentative Order No. R9-2013-0007 Waste Discharge Requirements for Foothill/Eastern Transportation Corridor Agency shows that water is designed to drain onto Parcel 125-096-82 into an underground Culvert which is on (not adjacent to) land owned by the Capistrano Unified School District. This is the same project that was denied a waste water discharge permit

The Tesoro Extension of SR-241 was denied a permit to build what is currently being built. The TCA, the County of Orange and Rancho Mission Viejo are arguably using the 401 Wastewater Discharge Permit R9-2014-0144 granted to Rancho Mission for the construction of "F" Street aka Los Patrones to in fact build the Tesoro Extension of SR-241 which was denied a permit three times. The permit was denied, an appeal was denied, and a petition of the appeal was denied.

 

Supporting Documentation

Tentative Order No. R9-2013-0007 (The TCA's original 401 Waste Water Discharge Application) at page 58 shows an underground culvert which is ON school district property.

 

Tentative Order No. R9-2013-0007 at page 61 shows that the project that is currently being built is the the same project that was denied waste water discharge. 

Tentative Order No. R9-2013-0007 at page 67 shows that the water from Canda Chiquita is designed to drain underneath Tesoro High School creating a permanent trespass of water onto Capistrano Unified School District property. Property that was erroneously placed into Certificate of Compliance 2001-01 by entities that did not own them, and therefore had no right to encumber them.

401 Wastewater Discharge Permit R9-2014-0144 at page 38 shows that the project was suppose to have 4 basins.

 

 

A visual and arial inspection of the project shows that what was actually built was 9 basins.

 

 

 

 

Basin #1 on the west side of Los Patrones and south of Oso Parkway.

Basin #2 on west side of Los Patrones and South of Oso Parkway

Basin #7

Basin #8 

Basin #9 at Chiquita Canyon and Los Patrones Parkway Intersection

Misc Pictures walking South from Tesoro High School  

The Cactus Scrub is not doing well- they moved the alignment to protect this area. More Important than the Children at Tesoro High School.

Photos Walking North from Chiquita Canyon

 

Photos Walking Back to Chiquita Canyon

Basin #6 

 

Coyote on road by #6

Deer by Basin #7

 

Looking Across to Basin #6

 

Is water from Canada Gobernadora being diverted into Canada Chiquita Channel? 

[Prop 50 Integrated Regional Water Management (IRWM) Implementation Grant]

ASCE OC EWRI - Gobernadora Basin Facility Planning Design from American Society of Civil Engineers, Orange County Branch

The answer to the Capistrano Unified School District is that of course flows from Los Patrones Parkway [built as a toll road- larger - more concrete] will substantially increase existing storm flow and may possibly overwhelm the existing drainage system. 

Without any valid environmental review how do we know?

 

 

Sex Education Chart

Are we fighting the Battle over 7th and 8th Grade Sex Education, but loosing the war in High School and Elementary School?