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Your full name:   Dawn Urbanek 

Address:            142 Avenida Buena Ventura

Telephone:         San Clemente, CA 92672

  

Agency involved in your concern. 

Agency:           Transportation Corridor Agency 

Address:          125 Pacifica, Irvine, California

Telephone:      (949) 754-3402

Individual dealt with:  Michael Kraman & TCA Board

 

Agency involved in your concern.

Agency:           The County of Orange – OC Board of Supervisors

Address:          333 W. Santa Ana Blvd. Santa Ana, CA 92701

Telephone:      (855) 886-5400

Individual dealt with:  Entire OC Board of Supervisors

I spoke before the entire Board on June 6, 2017 regarding the Health and safety risks of building a major freeway (241 Toll Road) less than 500’ from Tesoro High School without any protective barrier. This area was once orchards and has known pesticides. This area was also formally part of the Trabuco Airfield and has known ordnance. I spoke about the intentional disregard for the health and safety of the 3,000 students at Tesoro High School and asked that the project be halted until a new environmental review can be completed.

 

June 6, 2017 Board Meeting

Agenda HTM

Supplemental Items PDF

Minutes HTM

Video

MP3 Audio at 47:25

MP4 Video

 

 

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Dawn Ubanek - Oral Re: Concerns with the Transportation Corridor Agency using the Oso Bridge Parkway in an attempt to circumvent the decision of the water board by building a direct connection between the current 241 terminus in Las Patronas Parkway.

The minutes fail to accurately reflect my statements to the Board. I specifically stated my concerns for the Health and Safety of students at Tesoro High School:

 

 

 

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Agency involved in your concern. 

Agency:           The County of Orange – OC Planning Department 2nd Floor The Ranch Plan 

Address:          300 N. Flower Street, Santa Ana, CA 92703 

Telephone:      (714) 667-8888

Individual dealt with:  Robert Zegarra 

Robert Zegarra
Planning Consultant
Land Development/Development Services
300 N. Flower Street, 5th Floor 
Santa Ana, CA 92702-4048
phone: (714) 667-9650
email: This email address is being protected from spambots. You need JavaScript enabled to view it. 
website: www.ocplanning.net

Bea Bea Jiménez
Manager, Land Development
OC Public Works / OC Development Services
Office (714) 667-8852
Fax (714) 667-7560
Email This email address is being protected from spambots. You need JavaScript enabled to view it.

Wendy Brown
300 N. Flower Street, 5th Floor
Santa Ana, CA 92702-4048
This email address is being protected from spambots. You need JavaScript enabled to view it.
(714) 245-4570

These people do not appear to be County employees. They are paid by the TCA through side agreements, and are “consultants” that appear to be posing as County employees. I thought I was talking to a County employee when I went to ask questions about the Ranch Development and how many building permits had already been issued.

I am concerned that there will not be enough seats at CUSD schools because CUSD is 8,555 students over capacity and no new schools have been built. I was told that under “Local Control” the school district controlled how many permits could be issued based on seats at the district.

The County has never provided myself, or Laura Ferguson with an exact number of permits despite several public records requests. Both Laura and I went and counted the number of units at Esencia, and believe that CUSD has allowed the Ranch to build 1,400 more units than originally planned.

 

 

 

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Agency involved in your concern. 

Agency:           Rancho Mission Viejo

Address:          PO Box 9 San Juan Capistrano CA 92693

Telephone:      (949) 234-9200 

Individual dealt with: Dan Kelly, Sr. Vice President/Governmental Relations and Corporate Communications has been at many CUSD Board Meetings where I have spoken many times.

 

Agency involved in your concern.

Agency:           California Department of Transportation – Lead Agency for NEPA

Address:         1120 N Street, Sacramento, CA 95814          

Telephone:      (916) 654-285

Individual dealt with:  I have not contacted Caltrans- but they are parties to this complaint.

 

Agency involved in your concern. 

Agency:           The Capistrano Unified School District

Address:          33122 Valle Road, San Juan Capistrano, California 92675

Telephone:      (949) 234-9200 Phone

Individual dealt with: 

Kristen Vital, Superintendent

Clark Hampton, Deputy Superintendent of Business and Support Services

Board of Trustees:

Martha McNicholas, President

Gila Jones

Patricia Holloway

Amy Hanacek

Judy Bullockus

Dr. Gary Pritchard

Jim Reardon

 

 

EMERGENCY REQUEST: Citizens Request to Place an Item on the July 26, 2017 Capistrano Unified School District Board Meeting for EMERGENCY ACTION.

At the June 28, 2017 BOT Meeting the Attorney for CUSD stated on the record that the EIR's done for both Tesoro High School and Esencia K-8 were flawed.

THE CAPISTRANO UNIFIED SCHOOL DISTRICT HAS AN OBLIGATION TO PROTECT THE HEALTH AND SAFETY OF STUDENTS BY IMMEDIATELY ASKING FOR HEALTH RISK STUDIES OF BOTH ESENCIA K-8 AND TESORO HIGH SCHOOL BASED ON THE FOLLOWING FACTS AS STATED BY CUSD's ATTORNEY ON THE RECORD.

 

TESORO HIGH SCHOOL:

The EIR identified Tesoro High School as a "Sensitive Receptor".

The EIR shows two roads- the 241 Extension and a separate FREE Arterial road Los Patrones Parkway.

The EIR states that the 241 Toll Road TERMINATES at Oso Parkway.

The EIR States that Los Patrones TERMINATES at Oso Parkway.

The EIR states that there is NO DIRECTION CONNECTION BETWEEN THE 241 AND LOS PATRONES PARKWAY. 

The environmental review that was done was based on the facts stated above.

Based on the facts stated above, the EIR concluded that a protective barrier wall (10' high and 3,700' long) would need to be constructed in order to protect the school from noise and air pollution and ensure the health and safety of Tesoro students.

CalTrans, the County of Orange, the TCA and Rancho Mission Viejo behind closed doors shifted the alignment of the 241 Toll Road. They eliminated the FREE Los Patrones Parkway; and have completed grading of the 241 Toll Road in place of Los Patrones Parkway, and are now permitting a 5.5 mile Toll Road that extends the 241 from Oso parkway to Cow Camp Road.

The change in alignment constitutes a SUBSTANTIAL CHANGE that should have triggered both NEPA and a new CEQA.

New facts have come to light that show that the new alignment has placed the Toll Road less than 100' from Tesoro's property boundaries in some places.

The Capistrano Unified school district has an obligation to protect the health and safety of students and staff and therefore is required; to perform a new health risk study of Tesoro High School based on a Toll Road (not an arterial road) being constructed within 100' of the school.

 

ESENCIA K-8 SCHOOL:

The EIR for Esencia was based on a FREE Arterial Road being next to the school. There is a Toll Road being graded next to Esencia so again; as the attorney for CUSD stated, the testing is not valid and a new Health Risk Study should be performed for Esencia K-8.

I am requesting that CUSD place this item on the July 26, 2017 Board meeting for the purpose of having Trustees vote to approve new Health Risk Studies for Tesoro High School and Esencia K-8.

As supporting documentation please find the attached complaint filed with the Orange County Grand Jury.  

A copy of this request and the complaint has also be forwarded to the Orange County District Attorney.

Dawn Urbanek, CUSD taxpayer and students advocate.

 

Attachment: Grand Jury Complaint: https://cusdwatch.com/index.php/2-uncategorised/273-grand-jury-complaint

 

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Brief summary of concern. Include dates of event, names of officials or individuals involved (attach additional sheets if necessary).

 

Tesoro High School aka Chiquita Canyon High School was built in the 1990’s. It is the only identified “sensitive receptor” within the Ranch Planned Community project. 

To facilitate the build out of these new communities; the California Department of Transportation, the TCA, The County of Orange, and Rancho Mission Viejo, in cooperation with the Capistrano Unified School District, have worked collaboratively to complete the extension of the 241 Toll Road from it’s current terminus at Oso Parkway all the way to the 5 Freeway in San Clemente.

The original EIR’s which these agencies are relying on, indicated that "Los Patrones", aka “F Street” was to be a FREE collector road and that the 241 Toll Road Extension "Tesoro Alignment" was to be a separate Toll Road east of Tesoro High School and Los Patrones aka "F Street".

The original FEIR 589 was completed in 2004, and the original documents called for the extension of the 241 to be along the “Tesoro Alignment” NOT the Los Patrones Parkway aka "F Street" Alignment. 

The original EIR clearly showed that "Los Patrones" aka "F Street" was a separate "Local Collector Road" that terminated at Oso Parkway.

The original EIR clearly showed that the 241 terminated at Oso Parkway.  

There was NO DIRECT CONNECTION planned between the 241 Toll Road Tesoro Extension and "Los Patrones" aka “F Street”.  

All environmental review and noise/pollution testing was done based on Los Patrones remaining a FREE collector road with lower speed limits and less noise and traffic than a Toll Road located farther east than the current alignment which is inside Tesoro High School property boundaries.

The new alignment is a substantial change that should have triggered a new EIR to ensure that the long term health and safety of Tesoro students and faculty were protected. 

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Environmental Impact Report No. 589 Exhibit 3-22 http://www.ocpublicworks.com/civicax/filebank/blobdload.aspx?blobid=45926

 

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In the Addendum to final EIR NOs 584 and 589 The Ranch Plan "F" Street Alignment (Cow Camp Road to Oso Parkway Permit ST140005 the TCA/County/Ranch/ changed the document to state that there are NO SENSITIVE RECEPTORS within the Ranch Plan Area, and proceeded to grade the extension to the 241 Toll Road 800' closer to Tesoro than originally planned. 

http://pcpw.ocpublicworks.com/civicax/filebank/blobdload.aspx?blobid=64727 Appendix A-7

 

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With INTENTIONAL disregard for the health and safety of students and staff at Tesoro High School, the California Department of Transportation, the TCA, the County of Orange, and the Ranch, in cooperation with the Capistrano Unified School District changed the EIR to state that there are NO SENSITIVE RECEPTORS located within the Ranch Plan community.

The intent of the parties was to avoid CEQA and NEPA even if it resulted in long term health and safety issues for Tesoro students and staff and even if it meant the destruction of the Chiquita Canyon Wetlands and all the endangered species previously known to exist in the area of Tesoro High School.

There needs to be a criminal investigation into the actions of these parties.

The project needs to be halted until appropriate environmental testing can be completed to ensure the Health and safety of staff and students are made a priority.

 

 

 

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Please indicate other agencies contacted and the results or actions taken, if any.

 

NEPA Reviewers - Transportation

                        Zach Appleton - (415) 972-3321 - This email address is being protected from spambots. You need JavaScript enabled to view it.

                        Debbie Lowe-Liang - (415) 947-4155 - This email address is being protected from spambots. You need JavaScript enabled to view it.

                        Clifton Meek - (415) 972-3370 - This email address is being protected from spambots. You need JavaScript enabled to view it.

                        Carolyn Mulvihill (415) 947-3554 - This email address is being protected from spambots. You need JavaScript enabled to view it.

 

            NEPA Reviewer - Water

                        Stephanie Gordon - Water (Team Lead) - (415) 972-3098                                                     This email address is being protected from spambots. You need JavaScript enabled to view it.

                        Jean Prijatel - Water, Flood Protection, Habitat Restoration -

                        (415) 947- 4167 This email address is being protected from spambots. You need JavaScript enabled to view it.

 

            NEPA - Military - Old Bombing Range 

                        Karen Vitulano - Military, Tribal, Habitat Restoration Team Lead 

                        (415) 947- 4178

 

No Action has been taken by NEPA

 

 

 

Attorney for Environmentalists Against the 241 Extension of the Toll Road

Attorney William J. White

Shute, Mihaly & Winberger LLP

396 Hayes Street

San Francisco, CA 94102

(415) 552-7272

(415) 552-5816

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

This lawsuit was settled in November 2016.

 

Grading of the 5.5 mile extension of the 241 between Oso and Cow Camp began in Oct 2016 BEFORE a settlement was reached and while the lawyer for the environmental groups had a cease and desist in place.

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What action should the Grand Jury take?

Time is of the Essence!

Please take any action the Grand Jury is legally entitled to to prevent irreparable harm from being done to the students and staff at Tesoro High School. 

The Project must be halted until we can ensure that this project was done legally and that the environmental studies upon which TCA, California Department of Transportation, The County of Orange and the Ranch are said to be valid for the new alignment, which is inside the boundaries of Tesoro High School. The Health and Safety of Students must be protected before irreparable harm is done. 

 

 

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Orange County Grand Jury Public Concern

 

Appendix “A” Correspondence with NEPA

 

June 13, 2017 e-mail to NEPA Reviewers at page 21

 

June 22, 2017 Response from NEPA Reviewer Debbie Lowe at page 28

 

June 26, 2017 e-mail response to NEPA’s Debbie Lowe at page 29

 

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APPENDIX “A” – Correspondence with NEPA page 1 of 24

 

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 APPENDIX “A” – Correspondence with NEPA page 2 of 24

 

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APPENDIX “A” – Correspondence with NEPA page 7 of 24

 

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The distance from the Graded Tool Road to the white car which is the entrance to Tesoro is probably less than 500' and there is no protective barriers for the staff and student. 

 

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APPENDIX “A” – Correspondence with NEPA page 8 of 24

 

 

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NEPA’s Response to My June 13, 2017 E-mail

NEPA has been misled. The Lead Agency for NEPA is the California Department of Transportation. The California Department of Transportation, the TCA, the County and the Ranch have, through a series of agreements cited a “pilot program” that allows CEQA to be substituted for NEPA. The Lead agency for CEQA is TCA. So the bottom line is that this project is being pushed through with no environmental oversight since TCA is funding “consultants” to work on the second floor of the OC Planning Department to approve all permits.

An alignment for the 241 from Oso to the 5 Freeway has been selected– The alignment is the Los Patrones Parkway from Oso to Cow Camp and from Cow Camp Road to the I-5 at Pico in San Clemente.

Grading is already started where the on the south side of Ortega where the 241 will cross La Pata and head west through San Clemente. Has the grading permit for Alignment 14 been approved yet?

The Capistrano Unified School District not only remained silent as the TCA graded a road within its boundaries, it has cleared the way for the 241 Extension on ramp at Pico to cross SC High School fields by removing all students from the upper campus at SC High so that fields could be moved to the upper campus making room for the sweeping 241 on ramp. The shifting of classrooms cost CUSD $15 million dollars and San Clemente High School lost 37 parking spaces. The upper campus classrooms will be abandon (left to sit empty). 

See: "Rumor Has It ... Rancho Mission Viejo isOffering to Build San Clemente a New High School in Exchange for the City of San Clemente Allowing the Toll Road to Bisect San Clemente and Intersect the 5 Freeway at Pico (Option 14)" http://disclosurecusd.blogspot.com/2017/04/rumor-has-it-rancho-mission-viejo-is.html?q=San+Clemente

See: "CUSD Sitting on Valuable Properties That Are No Longer Being Used - Sell Them and Use the Money to Fix Aging Schools: http://disclosurecusd.blogspot.com/2017/06/cusd-sitting-on-valuable-properties.html?q=San+Clemente 

APPENDIX “A” – Correspondence with NEPA page 9 of 24

 

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My Response to NEPA’s June 22, 2017 E-mail

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APPENDIX “A” – Correspondence with NEPA page 10 of 24

 

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Link to Settlement Agreement

APPENDIX “A” – Correspondence with NEPA page 11 of 24

 

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APPENDIX “A” – Correspondence with NEPA page 12 of 24

 

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APPENDIX “A” – Correspondence with NEPA page 13 of 24

 

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In reference to Section H:

The County allowed the alignment for the 241 extension to be "changed" from a separate Toll Road east of the arterial road "F Street/Los Patrones" to "F Street/Los Patrones"; thereby eliminating the FREE arterial road, and leaving only the 241 Toll Road on the original Los Patrones alignment. Because the road is being built to Toll Road specifications, the width of the road is no longer east of Tesoro High School. Grading is now within the Tesoro High School property boundaries 500' from the High School Tennis court which is located within Tesoro High School's property boundary.

How was this able to happen without triggering NEPA? This is a substantial change from the original plan. Not only did the grading come to close to Tesoro High School to be safe for students and faculty, the grading destroyed a large chunk of the Chiquita Canyon Wet Lands. 

One other consideration- Mello Roos taxpayers in Esencia and Sendero believe their money is paying for Free Roads - will they be forced to pay twice for the roads they have no choice but to use?

 

In reference to Section I

The TCA then engaged in a Mobility Improvement Project which changed the road to move around environmentally sensitive areas, and put the road even closer to Tesoro High School on the south end by the baseball and football fields and the track.  

There was NO environmental testing done for this part of Tesoro High School Property. The most sensitive habitats were on the west and south side of the High School. That is why Tesoro was never allowed to build a second access road on the west side of the High School.

http://articles.latimes.com/1998/mar/04/local/me-25215 March 1998 Permit OKd for $50- Million High School on Wetland Area 

http://articles.latimes.com/1998/aug/28/local/me-17322 August 1998 Chiquita Canyon School Plans OKd

Bond documents and side agreements between the parties clearly state that this is a Toll Road and that Tolls will be collected on Los Patrones aka F Street. The re-alignment should have re-opened CEQA, and NEPA.

The Parties are engaged in FRAUD. 

The California Department of Transportation should have opened NEPA.

The TCA as lead agent for CEQA had a Conflict of Interest and acted in a self-serving manner causing irreparable harm to every resident in south orange county. 

The noise, environmental, biological and hazard studies they are relying on are inaccurate. They did not study the noise and pollution effects of a Toll Road 500’ from a school without any barriers.  

APPENDIX “A” – Correspondence with NEPA page 14 of 24

 

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http://cams.ocgov.com/Web_Publisher/Agenda03_28_2017_files/images/O00817-000212A.PDF at page 294

 

 

APPENDIX “A” – Correspondence with NEPA page 15 of 24

 

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The following picture shows that all parties knew the Toll Road was 500’ from the Tennis Courts and inside Tesoro High School’s property boundary. The Drawing is NOT to scale or correct the alignment is right next to the Tesoro entrance road and then swing much farther west behind the sports fields.

APPENDIX “A” – Correspondence with NEPA page 16 of 24

 

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The California Department of Transportation, the TCA, the County of Orange, and the Ranch worked in concert to avoid NEPA by building the 241 Toll Road extensions in pieces.

The following is from the Cease and Desist letter from the attorneys for the Environmentalists who sued the TCA to protect the threatened environmentally sensitive areas. TCA settled that law suit.

"The Coalition is concerned that TCA is now using the Oso Bridge project as an attempt to circumvent the decision of the Water Boards by building a direct connection between the current 241 terminus and Los Patrones Parkway, a county arterial built in lieu of Tesoro. The bridge appears to have no purpose other than to create a direct connection that would allow the Parkway to effectively serve as an extension of the 241tollroad - in other words, to become the equivalent of the Tesoro Extension. Thus, as with Tesoro, the Oso Bridge project may not be approved until TCA has identified the full scope of the 241 extension project and has conducted a full environmental review of that project as CEQA requires.” 

The letter contains over a thousand pages of documentation with correspondence that clearly shows a change in alignment of the Toll Road extension would require a new environmental review and comply with both NEPA and CEQA.

I spoke with Mr White in February and told him that I was standing at Tesoro High School and was looking at a graded Toll Road that was within the boundaries of Tesoro High School. His response was that that could not be possible - the Settlement was in November 2016. There was no way the road could have been that far along by February 2017. It was done - because the road was started prior to the settlement in violation of the Cease & Desist. 

Attorney William J. White

Shute, Mihaly & Winberger LLP

396 Hayes Street

San Francisco, CA 94102

(415) 552-7272

(415) 552-5816

This email address is being protected from spambots. You need JavaScript enabled to view it. 

The failure of all involved parties, including the Capistrano Unified School District who allowed a Toll Road to be graded so close to Tesoro High School without proper protective barriers shows an INTENTIONAL, AND GROSS DISREGARD FOR THE HEALTH AND SAFETY OF THE STUDENTS AND FACULTY AT TESORO HIGH SCHOOL.

 

 

APPENDIX “A” – Correspondence with NEPA page 17 of 24

 

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APPENDIX “A” – Correspondence with NEPA page 18 of 24

 

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5.3.1.4 What Pilot program allows allows these parties to substitute CEQA for NEPA when Caltrans (lead agency for NEPA) is not a party to this settlement agreement?

 

 

 

 

 

 

APPENDIX “A” – Correspondence with NEPA page 19 of 24

 

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APPENDIX “A” – Correspondence with NEPA page 20 of 24

 

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APPENDIX “A” – Correspondence with NEPA page 21 of 24

 

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APPENDIX “A” – Correspondence with NEPA page 22 of 24

 

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APPENDIX “A” – Correspondence with NEPA page 23 of 24

  

 

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Sensitive receptors include, but are not limited to, hospitals, schools, daycare facilities, elderly housing and convalescent facilities. These are areas where the occupants are more susceptible to the adverse effects of exposure to toxic chemicals, pesticides, and other pollutants. Extra care must be taken when dealing with contaminants and pollutants in close proximity to areas recognized as sensitive receptors. 

The intentional disregard for the health and safety of the students and staff at Tesoro- especially since they know this was farm land and there are known pesticides as well as ordnance is unconscionable!  

Thank you,

Dawn Urbanek 

 

I have not received a response to this letter yet.

 

 

 

 

APPENDIX “A” – Correspondence with NEPA page 24 of 24

 

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Appendix “B” Correspondence with OC Board of Supervisors

 

Taxpayer/Student Advocate Dawn Urbanek

June 6, 2017 Orange County Board of Supervisors Meeting at page  

June 13, 2017 E-mail to the County, which included a copy of my June 13, 2017 letter to NEPA. 

June 17, 2017 E-mail to the County – Cease and Desist

I have not received any response to my letters or my public comments.

No Action Has Been Taken By The OC Board of Supervisors.

 

 

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APPENDIX “B” – Correspondence with OC Board of Supervisors page 1 of 5

 

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June 6, 2017 Orange County Board of Supervisors Meeting

I spoke before the entire Board on June 6, 2017 regarding the extension of the 241 Toll Road's direct connection to Los Patrones Parkway and the risk to the Health and safety of students caused by the County allowing the road to be graded within the boundaries of the school and less than 500 feet from a major freeway without any protective barrier. This area was once orchards and has known pesticides. This area was also formally part of the Trabuco Airfield and has known ordnance. I spoke about the intentional disregard for the health and safety of the 3,000 students at Tesoro High School and asked that the project be halted until a new environmental review can be completed. 

Agenda HTM: http://cams.ocgov.com/Web_Publisher/agenda06_06_2017.htm

Supplemental Items PDF

Minutes HTM: http://ocgov.granicus.com/DocumentViewer.php?file=ocgov_944c5cb7cac5f0639dc6acf0ac49fa0d.pdf&view=1

Video: http://ocgov.granicus.com/MediaPlayer.php?view_id=4&clip_id=2751

MP3 Audio at 47:25

MP4 Video at 

Dawn Ubanek - Oral Re: Concerns with the Transportation Corridor Agency using the Oso Bridge Parkway in an attempt to circumvent the decision of the water board by building a direct connection between the current 241 terminus in Las Patronas Parkway.

The minutes fail to accurately reflect my statements to the Board. I specifically stated my concerns for the Health and Safety of students at Tesoro High School:

I provided them with 2 Handouts:

 APPENDIX “B” – Correspondence with OC Board of Supervisors page 2 of 5

 

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 APPENDIX “B” – Correspondence with OC Board of Supervisors page 3 of 5

 

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June 13, 2017 E-mail to OC Board of Supervisors

Dear Supervisor Bartlett-

This needs the Orange County Board of Supervisors immediate attention or irreparable harm will come to Staff and Students at Tesoro High School. After speaking and leaving information with the Board I did not receive any feedback and as such, wanted to make you aware of the fact that I have now sent a letter to NEPA.

You should do the right thing and stop this project RE-OPEN CEQA - DO NOT ISSUE THE FOLLOWING PERMITS UNTIL THE REQUIRED ENVIRONMENTAL REVIEW IS COMPETED.

[I attached the full June 13, 2017 E-Mail to NEPA Reviewers]

 

 

 

 

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 APPENDIX “B” – Correspondence with OC Board of Supervisors page 4 of 5

 

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June 17, 2017 E-mail to OC Board of Supervisors

In addition to speaking at the June 6, 2017 OC Board of Supervisors meeting, I sent the following e-mail to all of the contacts for the OC Board as well as published this in the Local Patches and on my Blog- http://disclosurecusd.blogspot.com/

 

 APPENDIX “B” – Correspondence with OC Board of Supervisors page 5 of 5

 

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Appendix “C” Capistrano Unified School District

At the June 28, 2017 Board meeting, I asked CUSD why they would allow a Toll Road to be built within CUSD property boundaries so close to a school as to endanger staff and students. Superintendent Vital corrected me stating that the Toll Road was not on District owned property. The attorney for the District corrected her, and confirmed that CUSD does own Parcel #82. I have made several attempts to confirm ownership of parcel #82, however, despite several Public Records Requests I have not been able to confirm what is going on with the transfers of property to get this toll road built. I went to the County and their records show that the Ranch now owns parcel #82. I did several public records requests to find out how the Ranch was legally able to grade inside what was once CUSD property but there has been no real answers to date.

 

Current documents show that RMV Middle Chiquita LLC currently owns the following Parcels:

#125-096-5

#125-096-79

#125-096-81

#125-096-82 (This Parcel use to be owned by CUSD).

#125-096-83  

 

Current documents show that Capistrano Unified School District owns the following Parcels:

#125-096-59

#125-096-60

#125-096-69

 

Toll Road Is Less Than 100 Feet From Tesoro High School Property Boundaries.

Capistrano Unified School District Superintendent Kristen Vital Makes False Representations to the Public Regarding the Toll Road.

At the June 28, 20171 Board of Trustees meeting, both in opening comments and during a discussion of Agenda Item #38 Resolution #1617-89 of the Capistrano Unified School District opposing any Toll Road Extension alignment that adversely impacts district school sites and students, superintendent Vital read the following statement which was then posted as a press release following the meeting:

Board Audio at 15:58 Superintendent Vital re: Construction of Los Patrones Parkway

"CUSD has asked legal council to examine the Grant Deeds for Tesoro High School and had them plotted by a licensed land surveyor. Based on that plotting, Los Patrones Parkway is not being constructed on District property. It is; as we have maintained, on land adjacent to the District's property. 

It is a County approved project and does not involve any District approvals, easements or agreements.

Los Patrones Parkway in either the form it is being constructed today, or in the original SR-241 Toll Road Alignment were part of, and addressed by the districts CEQA analysis for both Tesoro High School and Esencia K-8 School.

Air quality and noise impacts among others were all part of the environmental consideration under taken not only by the District, but also by the County in approving the EIR's for Rancho Mission Viejo.

Neither the Districts environmental documents for our sites nor Rancho Mission Viejo environmental documentation suggests the presence of toxic soils.

Concerns, relative to dust from grading are legitimate concerns shared by the District—and the District will do its part to report any observed fugitive dust emissions to the Orange County Planning Director, as called for in the Rancho Mission Viejo EIR and addendums for the Roadway.

Before TCA can construct the ultimate Toll Expressway extension to Interstate-5, it will be required to identify, and environmentally review, a new alignment for such a project. The District will continue to monitor and review such proposals, and can address any concerns created by that proposal if and when it is presented."

Board Audio at 46:27 BLUE CARD Dawn Urbanek 

Clarification of Kristen Vital's opening remarks regarding Tesoro High School Property Parcel Nos 79 and 82. A Toll Road is being graded that is 500' feet from Tesoro's Tennis Courts and inside Tesoro's property boundary. 

Board Audio at 52:23 Superintendent Kristen Vital

Kristen Vital asked CUSD attorney Jeff Hoskinson to clarify the concerns expressed about Los Patrones because with so many people in the audience she did not want the Public to have mis-information. "It is really important that we clarify and provide accurate information to our community and our Board that is accurate."

Kristen Vital then restated that in her opening comments she talked about the fact that the road was not being graded onto CUSD property. She stated that mis-information had been reported about wether or not this was CUSD property.

Board Audio at 53:00 Attorney Jeff Hoskinson

The attorney clarifies by stating that Parcel 82 is owned by the District based on the deeds CUSD has. Parcel 79 where construction is partially taking place is not owned by the district. 

Note: The County has a record showing that since 2005 Parcel 125-096-82 has been owned by RMV Middle Chiquita LLC. I have made several attempts through Public Record Requests to find out how this parcel was transferred from CUSD to RMV and I have not received an adequate response.

Board Audio at 53:54 Trustee Reardon

Is grading within 500 feet of the tennis court or the property boundary?

Note: It is very clear now, that grading is within less than 100 feet of Tesoro property boundaries and less than 400' from Tesoro's tennis court.

Board Audio at 54:15 Attorney Jeff Haskins 

It appears that the road is 500' from the tennis court.

Tesoro EIR:

The 1996 EIR Analysis for Tesoro is not correct because it did not do any studies within 500' of the schools because it was not required at the time. That statute did not come into effect until 2004. That statue requires that a health risk assessment be done for any road that is within 500' of a school.

Esencia EIR:

The 500' study was done for Esencia however it was done assuming Los Patrones was a Parkway.  EIR Analysis for Esencia is not correct because it was done assuming that Los Patrones was an arterial road NOT a toll road. It is now a Toll Road so the review is not accurate. 

This is a criminal operation and it must stopped until all parties can ensure that the health and safety of students is protected.

Proof Of An Intent To Defraud The Public.

The TCA lied in its documents.

 

The original EIR showed two roads - Los Patrones Parkway and the Tesoro Alignment extension of the 241 Toll Road which was father east of Los Patrones.

 

Environmental Impact Report No. 589 Exhibit 3-22 http://www.ocpublicworks.com/civicax/filebank/blobdload.aspx?blobid=45926

Superintendent Kristen Vital where is the wall that the original EIR called for? 

 

In the Addendum to final EIR NOs 584 and 589 The Ranch Plan "F" Street Alignment (Cow Camp Road to Oso Parkway Permit ST140005 the TCA/County/Ranch/ changed the document to state that there are NO SENSITIVE RECEPTORS within the Ranch Plan Area, and proceeded to grade the extension to the 241 Toll Road 800' closer to Tesoro than originally planned. 

http://pcpw.ocpublicworks.com/civicax/filebank/blobdload.aspx?blobid=64727 Appendix A-7

 

With INTENTIONAL disregard for the health and safety of students and staff at Tesoro High School, the California Department of Transportation, the TCA, the County of Orange, and the Ranch, in cooperation with the Capistrano Unified School District changed the EIR to state that there are NO SENSITIVE RECEPTORS located within the Ranch Plan community.

The intent of the parties was to avoid CEQA and NEPA even if it resulted in long term health and safety issues for Tesoro students and staff and even if it meant the destruction of the Chiquita Canyon Wetlands and all the endangered species previously known to exist in the area of Tesoro High School.

There needs to be a criminal investigation into the actions of these parties.

The project needs to be halted until appropriate environmental testing can be completed to ensure the Health and safety of staff and students are made a priority.

CUSD posted a response:

 APPENDIX “C” – Capistrano Unified School District page 1