| Members of the PUBLIC Unite to File 4th Law Suit to Stop the Toll Road | |||
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"The lawsuit challenges the hidden, secret, and illegal approval of the Oso Bridge. Last summer two public employees falsely filed a Notice of Determination indicating that the required analysis under the California Environmental Quality Act ("CEQA") had been completed. This was untrue as no such action or vote was ever taken. These illegal activities violate CEQA and constitute a civil rights violation because these public employees were acting illegally "under cover of legal authority". The proposed action seeks to reverse the approval of the Oso Bridge and seeks damages and attorney's fees for the public abuse of trust." Donations to Fund the Suit can be made at FundRazr: Save South OC's Open Space- Stop the 241Toll Road Law Firm Larsen, Willis and Woodward
What's Behind the Law Suit?
It appears that on March 5, 2015, Robyn Uptegraff, Assistant Director of Orange County Public works filed a Notice of Determination indicating that the required analysis under the California Environmental Quality Act ("CEQA") had been completed.
Robyn Uptegraff - Assistant Director of Orange County Public Works Shane Silsby - Director of Orange County Public Works Khalid Bazmi - County Engineer
The document filed with the San Diego Water Board to obtain a 401 Waste Water Discharge Permit contained material mis-statements of fact as high lighted below.
Tesoro High School Facilities Report November 2017 Could the cracking be the result of the construction of the road so close to a school?
The noise studies that were done in the original EIR were done on a different alignment:
The Tesoro Extension of the 241 Toll Road was a separate road much farther to the east of Tesoro High School. Los Patrones aka "F Street" was a separate road that was designed as a "Free Arterial Road". Because an arterial road is not as wide as a "Toll Road", Los Patrones aka F Street would have been at least 500 feet from Tesoro High School property line.
January 24, 2018 CUSD BOT Meeting Agenda Item #39 RESOLUTION NO. 1718-31, RESOLUTION OF THE BOARD OF TRUSTEES OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT AUTHORIZING THE ACCEPTANCE AND RECORDATION OF A QUITCLAIM DEED RELATIVE TO ORANGE COUNTY ASSESSOR PARCEL NO. 125-096-82
A toll road is much wider and has higher traffic volumes and speed. The shift in alignment should have triggered a new review of noise and air pollution effects on Tesoro High School staff and students.
In addition to Robyn Uptegraff's mis-statements on the Notice of Determination it appears that Shane Silsby, Director of Orange County Public Works began ADMINISTRATIVELY approving changes to the alignment and construction of the Tesoro extension of the 241 Toll Road; such the there is now a single road, a Toll Road that is on the alignment of what was suppose to be Los Patrones aka "F" Street (a free arterial road). *It should be noted that while a single road is being built, there was two separate funding sources- One for "F" Street aka Los Patrones"; and separately, one for the Tesoro Extension of the 241 Toll Road (this requires some further investigation). The Addendum to FEIR 584 and FEIR 589 removed Tesoro High School as a "Sensitive Receptor" and stated at page 4-10: "The Rancho Mission Viejo Planned Community Plan is consistent with regional and State air quality planning programs. The proposed alignment of “F” Street would not result in any new impacts, nor would it increase the severity of a previously identified significant impact as analyzed in FEIR 589."
There are now clouds on Title within the Caltrans right-of-way. Work has been done on parcels that were not owned by the parties who signed the Certificate of Compliance for the Right-of-Way. The Capistrano Unified School District was not a party to this document. CUSD owns Parcel 125-096-59, 60, 69, 82, and has since 1997. CUSD may also own a piece of Parcel 79.
Construction of the Tesoro Extension of the 241 should be enjoined while property rights are settled, and clouds on the titles to Parcels 59 - 60- 69 -79 and 82 are removed. There may be a substantial number of other encumbrances on these parcels as a result of the Freeway Right of Way established by CC 2001-01. The San Diego Water Board should be asked to REVOKE it's 401 Wastewater Discharge Permit as the Capistrano Unified School District was never notified that this work would be done on Tesoro High School property. Work was done on Parcel 82.
Orange County Public Works - OC Survey Land Records 2.0 shows something very different? Source: http://www.ocpublicworks.com/survey/products/records Click on the map. Parcel 82 looks the same
But Parcel 79 is totally different
And Parcel 83 has changed and look- the 241 Direct Connection to Los Patrones is on this map
What is going on with these Parcels? Who owns them. And these documents show encumbrances? Certificate of Compliance: 82-2 198200313505 Tesoro High School Property 125-096 Parcels 59 - 60 - 69 - 82 OR 19200490043 The San Diego Water Board 401 Water Quality CertificationThe San Diego Water Board 401 Water Quality Certification expressly stated in its permit on page 1 and 2: "The Applicant proposes to construct a new County of Orange arterial road called "F" Street that will extend approximately 5.5 miles from Cow Camp Road north to Oso Parkway, at the current terminus of State Route-241 (SR-241 ). In the future, "F" Street will be renamed to Patrones Parkway. "F" Street is not the Tesoro Extension of SR-241 that was denied waste discharge requirements by the San Diego Water Board in 2013 (in the proceedings on Tentative Order No. R9-2013-0007) or a facility related to the SR-241 and the Tesoro Extension is not covered by this Certification. "F" Street will be operated by the County of Orange as a free road. "F" Street is proposed to be a County of Orange Rural Secondary Highway, modified to include a raised median and a future community trail on the west side. "F" Street supports development of the Applicant's Planning Area 2 and Planning Area 3 projects, provides an alternate route to Antonio Parkway, and improves vehicle throughput to the SR-241 . On June 24, 2014, the Orange County Board of Supervisors approved an agreement for Grant of Fee Credits with the Applicant, which will allow the County to grant fee credits to the Applicant and accept the road right-of-way and improvements if the Applicant constructs "F" Street.
In addition; on page 2, the permit specifies the actual size of the "modified Rual Secondary Highway":
The Final Question...Did the Orange County Board of Supervisors give Shane Silsby Administrative authority to make changes to "F" Street aka Los Patrones aka the Tesoro Extension of the 241 Toll Road? It appears they did!
Orange County Board of Supervisors Agenda Report February 9, 2016
Colby Cataldi is the Deputy Director OC Public Works/Development Services Satinder Verma is the Inspection Services Manager This department provides inspection services related to grading and subdivision inspections as well as encroachment inspections. Shane Silsby will now replace Colby Cataldi and Satiner Verma in the review of the items listed on page 5.
7-Year Orange County Public Works Capital Improvement Projects The Oso Bridge project is an Orange County Capital Improvement Project Oso Parkway Bridge Replacement
The County of Orange's Manager of OC Flood Control and Shane Silsby have replaced the Manager of Watershed and Coastal Resources in reviewing the Items on page 6. Shane Silsby has also replaced the Director, PDS (AQMP) Air Quality Management Program
Apparently Shane Silsby unilaterally decided that Tesoro High School was not a Sensitive Receptor and not only did not install the 10' high 3,700 foot wall that was required he also made the decision NOT to install a vegetative barrier to protect students from fugitive dust.
Shane Silsby unilaterally decided that approval from the United States Fish and Wildlife Service is not needed.
Shane Silsby unilaterally decided that the review of the following items by both the OC Public Works and the Manager of Harbors, Beaches & Parks was not required.
HUMM? Did the County Board of Supervisors delegate approval authority to Shane Silsby in February 2016? It looks like they Did- OC PUBLIC WORKS 8. Approve cooperative agreement D15-033 with Foothill/Eastern Transportation Corridor Agency and agreement MA-080-16011316 with State Department of Transportation for future construction of Oso Parkway Bridge over State Route 241; authorize Director or designee to execute future amendments to cooperative agreement and Freeway Agreement under certain conditions; and make California Environmental Quality Act and other findings - Districts 3 and 5 Supporting Documentation: Attachment A - Cooperative Agreement D15-033 Attachment B - Freeway Agreement MA-080-16011316 Attachment C- Project Location Map Letter with Attachments from Shute, Mihaly & Weinb (The Attorney for the Environmental Groups that Settled with the TCA to preserve San Onofre) |
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January 24, 2018 CUSD Board of Trustees Meeting
- Members of the PUBLIC Unite to File 4th Law Suit to Stop the Toll Road
