September 20, 2018

State of California Superior Court. Riverside County
Department 4
Historic Courthouse
4050 Main Street
Riverside, CA 92501

Re: Case RIC1800232:

0001- WMC 1st Amended Writ of Mandamus- CEQA of City of San Clemente

0002- CON 1st Amended Consolidated Complaint of The Reserve Maintenance Corp

0003- CIO 1st Amended Complaint Intervention (One Party) of Capistrano Unified School District

Hon. Daniel A. Ottolia-

My name is Dawn Urbanek. I am a taxpayer and student advocate in the Capistrano Unified School District. I wanted to bring the following to your attention. The Capistrano Unified School District is demonstrating callous disregard for the health and safety of Tesoro High School students, whom they have a legal obligation to protect. In fact, under CEQA all of the entities have an obligation to protect the children (CalTRANS, TCA, The County of Orange, Rancho Mission Viejo, The San Diego Water Board and CUSD)

1. Tesoro High School is a "Sensitive Receptor", built in 2000.

2. The Notice of Determination filed by the County of Orange on March 5, 2015 does not acknowledge that Tesoro High School is a "Sensitive Receptor", and in fact states that "there are no sensitive receptors in the Ranch Plan Area".

3. Tesoro High School sits on four parcels of land, 125-096-59, 125-096-60, 125-096-69 and 125-096-82. All four of these parcels are contained in the Right-of-Way for three projects:

(1) Los Patrones aka "F" Street aka the Tesoro Extension of the 241 Toll Road,

(2) the Oso Bridge Project and

(3) the Oso Bridge Gap Closure Project.

The Right-of-Way for these three projects contain material errors. 

Parcels 59, 60 and 69 were transferred into the Right-of-Way by San Juan Investment North, LLC. in 2001.

Parcel 125-096-82 was transferred into the Right-of-Way by San Juan Partnership III in 2001.

The Capistrano Unified School District has owned these parcels since 1997. There are clouds on Title that must be resolved.

This matter was brought to the Capistrano Unified School Districts attention during a Board Meeting in August of 2017, where CUSD's own attorney confirmed on the record that these parcels were in fact owned by the Capistrano Unified School District. 

CUSD accepted a Quit Claim Deed for Parcel 82 in January of 2018 from, but took no action to Quiet Title. There must be an action to "Quiet Title" on all four parcels. 

4. Parcel 125-096-82 is of pivotal importance. Ownership of this parcel by Capistrano Unified School District since 1997 effects the Right-Of-Way, Waste Water Discharge, and CEQA for all three projects. Work on all three projects is being done under Certification Number R9-2014-0144 which was granted to Rancho Mission Viejo for the Los Patrones Project ONLY. Explicit language in the 401 Waste Water Discharge Certification, granted to the Ranch on June 4, 2015 prohibits the Certification from being used to build the Tesoro Extension of the 241: 

"F" Street is not the Tesoro Extension of SR-241 that was denied waste water discharge requirements by the San Diego Water Board in 2013 (proceeding on Tentative Order R9-2013-0007) or a facility related to 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."

5. Using the 401 Wastewater Discharge Certification granted to the Ranch for the construction of a Los Patrones as a FREE arterial road, the Ranch has proceeded to grade and construct drainage for all three projects. All of the drainage has been designed to drain onto parcel 82. The water is "trespassing" onto school district property. The water is being drained under the school which sits on soil that can liquify in an earthquake or with heavy vibration. In a recent school facility study (The Kitchel Report) the report indicated that there was structural cracking that may be the result of soil issues. This study was brought to the attention of both the County Board of Supervisors and the TCA and the information was ignored.

6. The shift in alignment; west towards the school, should have invalidated all environmental studies that were done to determine any adverse effects on Tesoro High School students (noise, air etc).

7. In addition to the above, the parties have been grading adjacent to Tesoro High School without any protective barrier. The EIR required a 10' high 3,770' long wall which has never been constructed. There is not even the minimal vegetative screen that was required prior to issuance of the grading permit by County of Orange per CEQA which wrongly omitted Tesoro High School (a "Sensitive Receptor"). 

8. The students at Tesoro have potentially been exposed to fugitive dust that may have long term health consequences as a result. Despite repeated requests to STOP WORK no party will comply, the work continues, and the PUBLICS request for verification is ignored. The callous disregard for the health and safety of Tesoro High School staff and students in unconscionable. The Court must intervene.

In addition to the above, the court must be made aware of the following:

9. The TCA applied for a 401 Waste Water Discharge Permit for the extension of the 241 on November 14, 2012. That application was denied on June 19, 2013. The TCA appealed that decision to the State Water Board. On September 23, 2014 the State Water Board remanded the decision back to the San Diego Water Board for final determination.

10. On June 24, 2014; while the Appeal was pending; the County Board of Supervisors, through a Cooperative Agreement approved a decision that would allow the County and the TCA to compensate Rancho Mission Viejo Company for the cost of the Right-of-Way, grading and construction of Los Patrones Parkway. They also required that Los Patrones be built to toll road specifications. Under the Agreement, the County of Orange continued to act as Lead Agency for CEQA. (Did Rancho Mission Viejo get compensated from the TCA for Parcel 82, a parcel that they did not own and should not have been included in the Right-of Way?)

11. While the TCA Appeal was pending; on November 24, 2014, Rancho Mission Viejo filed an incomplete application for a 401 Waste Water Discharge Certification with the San Diego Water Board for Los Patrones Parkway.

12. On March 4th, 2015 Rancho Mission Viejo shifted alignment of Los Patrones Parkway to the west, closer to Tesoro High School.

13. On March 5, 2015 County of Orange Filed a Notice of Determination "F" Street Alignment (Cow Camp Road to Oso Parkway) The Notice of Determination did not acknowledge that Tesoro High School is a "Sensitive Receptor", and in fact incorrectly stated that there are no sensitive receptors in the Ranch Plan Area. 

14. On March 16, 2015 the San Diego Water Board denied the TCA's appeal effectively terminating the 241 at Oso Parkway.

15. On April 9, 2015 Rancho Mission Vejo completed its application for a 401 Waste Water Discharge permit for the Los Patrones project using the new alignment (which was closer to the Tesoro High School). The Los Patrones permit also allowed for grading land and preparing waste water drainage on parcels located between the Los Patrones on and off ramps to the Oso bridge. 

16. In mid August 2016, Rancho Mission Viejo began construction of Los Patrones Road including the on and off ramps to the Oso bridge. Rancho Mission Viejo also began the preparation for the Oso Bridge and Oso Bridge Gap Closer Projects by clearing brush, grading land and preparing waste water drainage in the area between the Los Patrones on and off ramps. The work being done was to create water drainage onto Parcel 82. This would not be a problem if Rancho Mission Viejo  owned Parcel 82, but the District has owned Parcel 82 since 1997. 

17. On February 8, 2016 Attorney William J. White of Shute, Mihaly & Weinberger LLP representing the Save San Onofre Coalition wrote the Orange County Board of Supervisors a letter expressing their concern over the Oso Bridge Project:

stating at page 2:

"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 documentation provided in Mr. White's letter clearly shows that the change in alignment of the Toll Road to F Street/Las Patrones required Federal review under NEPA. CalTRANS, not the County of Orange should be the lead for the Oso Bridge Gap Closure Project. A new CEQA should have opened by CalTRANS in order for the the 241 Toll Road to continue past the Oso Bridge project. The bridge project appears to have no purpose other than to create a direct connection that would allow the Los Patrones Parkway to effectively serve as an extension of the 241 toll road - in other words, to become the equivalent of the Tesoro Extension from Oso to Cow Camp.

The Save San Onofre lawsuit was settled in November 2016. But CalTRANS, the TCA, the County of Orange, Rancho Mission Viejo continue to build the 241 Toll Road in pieces to avoid a proper CEQA, NEPA and the California Coastal Commission. 

18. The water drainage for Los Patrones Parkway, The Oso Bridge and the Oso Bridge Gap Closure TRESPASSES water onto Parcel 125-096-82 (owned by Capistrano Unified School District) and Tesoro High School.

The Court must step in and act to protect the students and staff at Tesoro High School. 

Thank you for your time,

Dawn Urbanek
CUSD Taxpayer and Student Advocate

 

Documentation

June 28, 2017 CUSD BOT Meeting Agenda Item #38 RESOLUTION NO. 1617-89, RESOLUTION OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT OPPOSING ANY TOLL ROAD EXTENSION ALIGNMENT THAT ADVERSELY IMPACTS DISTRICT SCHOOL SITES AND STUDENTS

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

February 13, 2018 REQUEST FOR EMERGENCY INTERVENTION AND INJUNCTIVE RELIEF- Enforcement Division CARB and California State Water Resources

Kitchell Facilities Condition Assessment Tesoro High School Final Report at page 7

   

When you blow up the pictures on Google Maps- Zillow and Bing it is obvious that a lot of work has been done on Tesoro High School Property line without the legal set back.  

If you zoom in close, you can see all the drainage culverts that have been created on Parcel 82 when the High School was built 1997- 2000, and approved by the Army Corp of Engineers. This drainage system is now being used by these three projects.

The water then runs underground

Farther South along Tesoro Creek Road, culverts drain water from the Toll Road west to Tesoro High School.

The first one is below

 

The second one is below. It is on the property line of Parcel 125-096-82 and it looks like it is intended to drain onto school district property.

 

The culvert continues and actually passes under Tesoro Creek Road in two places.

First one shown below

 

Second one shown below

And new gravel is draining water from Tesoro Creek Road West to the Tennis Courts

There are four more culverts that run between the California Native Plant Garden and Tesoro High School Track.

And next to Tesoro High Schools Base Ball Diamond

This grading and drainage work is being done inside Tesoro High School property boundaries on Parcels 60, 69 and 82.

San Diego Water Board 401 Water Quality Certification

E-mailed 9-20-18

 

and documentation