January 24, 2019 CUSD BOT Meeting: Agenda Item #31 PRESENTATION ON SCHOOL IMPACTS FROM STATE ROUTE 241 TOLL ROAD EXTENSION ALTERNATIVES 

CUSDWatch Comment

Trustee Patricia Holloway attended the January 15, 2019 San Clemente City Council Meeting at 55:33 she invited the public to attend the Thursday, January 24, 2019 CUSD BOT Meeting to participate in a discussion of Agenda Item #31 PRESENTATION ON SCHOOL IMPACTS FROM STATE ROUTE 241 TOLL ROAD EXTENSION ALTERNATIVES and the Status of CUSD's Law Suit against the County regarding the 241 Extension at Tesoro High School. 

Court Cases can be viewed at Riverside Superior Court Public Access Case RIC1800232

CUSDWatch Comment:

Certificate of Compliance CC 2001-01 (which makes up the Right of Way for the Tesoro Extension of the 241 Toll Road at Oso Bridge) is not valid. Taxpayers are requesting an action to Quiet Title on four Parcels of land that the Capistrano Unified School District purchased in 1995 and 1997 from subsidiaries of the Ranch to build Chiquita Canyon High School aka Tesoro High School. These same parcels were transferred into the CC 2001-01 by Subsidiaries who did not own them because they were owned by the Capistrano Unified School District. As such, subsidiaries of Rancho Mission Viejo had no right to transfer those parcels into the right of way. Taxpayers believe that there has been a violation of the Subdivision Map Act. Taxpayers have repeatedly requested that the Capistrano Unified School District take action to Quiet Title to protect taxpayer land. In addition, as a result of these errors, it appears that a toll road is being built adjacent to Tesoro High School with -0- set back as required by CEQA. In addition, there is no 10' high 3,777' wall that was required by CEQA to protect Tesoro High School staff and students from dust, noise and pollutants. It also appears that all of the waste water discharge from the Oso Bridge Project, the Oso Bridge Gap Closure Project and the Los Patrones project have been designed to drain onto and underneath Tesoro High School. Water is trespassing onto and underneath Tesoro High School. This soil is known to liquify with vibration. A recent Kitchell Facility Condition Assessment Report states at page 7 that the high school buildings show signs of structural cracking that may be related to soil issues. 

"Architectural Elements

Key concerns for this school include soil movement, the roofs are in poor condition, and many of the concrete roof tiles are damaged, cracked, or missing. Additionally, it should be noted that a significant amount of cracking was observed in the exterior walls, and that poor soil conditions may be an issue." 

It should also be noted that the 800' shift in alignment of the Tesoro Extension closer to Tesoro High School has invalidated all noise and air pollution studies upon which the CEQA was based. Continued construction of the 241 Toll Road at Oso without accurate noise and air pollution studies and the required protective barriers shows a callous disregard for the health and safety of Tesoro High School staff and students. 

Supporting Documentation:

CUSDWatch: Request to Quiet Title

For more detailed documentation go to: CUSDWatch: Is This a Problem for the Completion of the Toll Road

 

5/13/1997 CUSD Paid $2,600,000 from Fund 13 (the State School Building Fund) 

5/21/1997 CUSD Paid $2,250,000 from CFD 90 -1 

for Parcels 125-096-69 and 125-096-82

and then on 7/31/1999 paid $1,904,400 for parcels 125-096-59 and 125-096-60

Total Cost CUSD paid for Tesoro High School property: $6,754,400.00

All of this land is currently encumbered by the TCA's Extension of 241 Toll Road as Oso Bridge.