Date: September 30, 2017
To: Orange County District Attorney Tony Rackauckas
Special Prosecutor, Ray Armstrong
From: Dawn Urbanek, Taxpayer and Student Advocate Capistrano Unified School District
Re: Letter from the Orange County Grand Jury Advisement to Seek Legal Counsel regarding the Toll Road Matter.
Attached please find a letter from the OC Grand Jury with the advisement to seek legal council regarding the Tesoro Extension of the 241 Toll Road that is currently being built from Oso Bridge to Cow Camp Road then connection to the 5 Freeway south of Pico in San Clemente.
This is a matter for the District Attorney, not a Private Citizen and as such I wanted to file a formal Complaint with your office.
This matter involves the CalTrans, the TCA, the County of Orange, Rancho Mission Viejo, the Capistrano Unified School District, the San Diego Water Board. If your office is compromised in handling this matter because it involves the Orange County Board of Supervisors and the Orange County Public Works Department please inform me of where that matter could be properly handled.
The facts are as follows:
1. A Toll Road is currently being built less than 100 feet from Tesoro High School in the Capistrano Unified School District.
2. The original EIR called for a 10' high wall, 3,700 feet long to be built (BEFORE GRADING) to act as a protective Barrier. There is NO protective barrier at Tesoro and grading has been going on since the Fall of 2016.
3. The health and safety of students are at risk. If this is not remedied, a Toll Road less than 100' from a known "Sensitive Receptor" will result in long term health and safety risks to the staff and students at Tesoro High School.
4. Countless requests to the Orange County Board of Supervisors to stop work and verify that the road that is being built is in compliance with the current EIR has gone unanswered.
5. Countless requests to the Orange County Department of Public Works to STOP WORK and verify that the road that is being built is in compliance with the current EIR has gone unanswered. The OCPW Department has stopped responding to PUBLIC RECORDS REQUESTS.
6. Countless requests to the Capistrano Unified School District asking CUSD to take actions to protect students has resulted in the Passage of a Resolution, and a Statement by the Board that the District would initiate litigation against the County. To date there has been no signs that any action has been taken by CUSD to protect the Health and Safety of Tesoro High School Students and Staff.
I am asking the Orange County District Attorney to STOP WORK on the Oso Bridge Project as well as the F-Street aka Los Patrones Parkway aka Tesoro Extension of the 241 from Oso Parkway to Cow Camp until measurements can be verified and a legal determination is made as to the projects compliance with the EIR.
7. The Parties named above are working in concert to build a Toll Road in pieces. The Pieces will eventually be transferred to CalTrans. CalTrans will be receiving a road that it would never have been able to build itself, because CalTrans is required to be in compliance with NEPA and CEQA.
8. There is substantial evidence that the section of the project F Street/Los Patrones that is currently owned by Rancho Mission Viejo and is on Private Property received it's waste water drainage permit by making false material representations on its application to the San Diego Water Board.
9. On it's application to the Water Board, the Ranch stated that it was seeking a permit to build Los Patrones Parkway; a FREE ARTERIAL ROAD.
10. The road that is currently being built is being built is a Toll Road. The Dimensions of the project are being built to TOLL ROAD SPECIFICATIONS.
11. On it's application to the Water Board, the Ranch specifically stated that "THERE ARE NO SENSITIVE RECEPTORS WITHIN THE RANCHH PLAN AREA"
12. Tesoro High School is a "SENSITIVE RECEPTOR".
13. The Water Board permit that was issued to the Ranch specifically stated:
14. The TCA may be engaging in communications with its bondholders that violate SEC rules. All TCA communications with Bondholders state that they are funding a TOLL ROAD. There is no mention of Los Patrones Parkway, a FREE ARTERIAL ROAD.
PLEASE STOP THIS WORK, and review the project to see that it is in compliance withe issued permits and that the health and safety of Tesoro staff and sudents are protected.
cc: Representative Bill Brough
State Senator Patricia Bates
July 15, 2017 The Grand Jury Complaint
September 28, 2017 Williams Complaint filed with the California Department of Education