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 DIRECT 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