March 5, 2019

Camp Pendleton
General Robert B. Neller
Commandant of the Marine Corps
Headquarters, US Marine Corps
3000 Marine Corps, Pentagon
Washington, DC 20350-3000
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US Army Corps of Engineers
ATTN: CECC-C
441 G Street, NW
Washington, DC 20314-1000
James Wittaiker
Phone 202-761-0511
Fax 202-761-00270
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US Army Corps of Engineers
5900 La Place Ct Suite 100,
Carlsbad, CA 92008-8832
Ph: (213) 452-3897; 
Fax: (213) 452-4196; 
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U.S. Fish & Wildlife Service
Office of Law Enforcement
2800 Cottage Way, W-2928
Sacramento, CA 95825-1846
Phone: (916) 414-6660
Fax: (916) 414-6715
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US Department of Commerce
[Contact information being added]

California Department of Fish and Wildlife 
South Coast Region
Regional Manager: Ed Pert
3883 Ruffin Road, 
San Diego, CA 92123
(858) 467-4201
FAX: (858) 467-4299
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CalEPA
State Water Resource Control Board- Division of Water Rights
001 I Street, 24th Floor
Sacramento, CA 95814
Telephone: (916) 341-7365
Fax: (916) 341-5252
Victor Vasquez
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[COMP-41767 submitted 02-21-2019] This is NEW information

CalEPA
State of California San Diego Regional Water Quality Control Board
2375 Northside Drive, Suite 100
San Diego, CA 92108-2700
Chiara Clemente, Senior Environmental Scientist- Compliance Assurance Unit
(619) 521-3371
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[COMP-41767 submitted 02-21-2019] This is NEW information

California Department of Real Estate
Complaint Intake Unit (CIU)
320 W. 4th St. Ste. 350
Los Angeles, CA 90013-1105
[Complaint Submitted 1-31-19 at 2:33:29 pm Confirmation Number 3163271704] This is NEW information.

California Coastal Commission
200 Oceangate, 10th Floor
Long Beach, CA 90802
(562) 590-5071
Andrew Willis, Southern CA Supervisor
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Re: Construction of the Tesoro Extension of SR-241 from Oso Parkway to the San Diego/ Orange County Line without a valid CEQA or NEPA review

Re: Request for Investigation of the TCA, the County of Orange, Rancho Mission Viejo, the San Diego Water Board and the Capistrano Unified School District for Collusion and Criminal Fraud.

Due to Conflicts of Interest this matter cannot be brought to Orange County District Attorney Todd Spitzer because he was a member of the Orange County Board of Supervisors who administratively approved this.

Due to Conflicts of Interest, this matter cannot be brought to the California State Attorney General's Office because they are a Party to a Settlement Agreement regarding this matter. If facts warrant, this matter should be referred to The US Attorney General.

 

A NEW CEQA NEEDS TO BE OPENED FOR THE TESORO EXTENSION OF SR 241 WITH MODIFICATIONS AKA "F" STREET AKA LOS PATRONES PARKWAY. NEPA NEEDS TO BE OPENED FOR THE ROAD CURRENTLY BEING BUILT SOUTH OF OSO BRIDGE (TESORO EXTENSION OF SR 241 WITH MODIFICATIONS)

A new CEQA and federal environmental review of the Tesoro Extension of SR-241 with modifications aka "F" Street aka Los Patrones Parkway project must be re-opened because all of the following events have occurred, and there is new information regarding ownership of parcels Rancho Mission Viejo thought they owned (when they did not) which resulted in parcel transfers outside of the chain of title (Certificate of Compliance 2001-01 is invalid)

(a) Substantial changes were proposed in the project which will require major revisions of the environmental impact report.

1. The permit granted to Rancho Mission Viejo (a private entity) for 401 Wastewater Discharge Permit R9-2014-0144 was granted to Rancho Mission Viejo to build "F" Street", aka Los Patrones Parkway, as a FREE Arterial Highway.

2. The project that is currently being built is not "F" Street aka Los Patrones Parkway.

3. The project that is currently being built is the Tesoro Extension of SR-241 with modifications.

4. There has been a substantial change in the alignment of what was identified as "F" Street in the original CEQA Addendum to Final EIR Nos. 584 and 589

5. The road that is currently under construction is being built to "Toll Road specifications".

6. The road that is currently under construction is being paid for (all or in part) by the TCA.

7. The project currently being built is the Tesoro Extension of SR-241 with modifications (a new project) which requires a new environmental revue.

8. There is no valid CEQA or NEPA for the "new" project south of Oso Parkway.

9. Documentation shows that historically (in the public domain), TCA planned to extend the Tesoro Extension of SR-241 from Oso Parkway to the I-5 at the San Diego/Orange County line. The TCA was unable to obtain wastewater discharge permits to build the Tesoro Extension of SR-241 south of Oso Parkway; as a whole down to the I-5, or in segments down to Cow Camp Road. However, new documentation shows that over time, and at this time (in the public domain), TCA is still planning to extend the Tesoro Extension of SR-241 with modifications aka "F" Street aka Los Patrones Parkway from Oso Parkway to the I-5, and is seemingly doing the project in segments to avoid proper environmental review.

10. Documentation (in the public domain), shows that the current project is being done in four segments and project work now extends from Oso Parkway to Pico:

1. LP1 (Oso Parkway to Chiquita Canyon Drive) [under construction]

2. LP2 (Chiquita Canyon Drive to Cow Camp Road) [under construction]

3. Cow Camp Road to Pico [in planning]

4. This will leave a very short segment, from Pico to the I-5 at the San Diego /Orange County line remaining to be completed. Changes in the project were administratively approved by the County of Orange. Without proper environmental review, the project could have unmitigated consequences to L06 aka Canada Chiquita Channel (one of 8 Alkali Marshes known to exist in the State of California), the San Juan Creek Watershed, the San Mateo Watershed and may effect the health and safety of all California residents do to the decommissioning of San Onofre Nuclear Power Plant and the storage of spent nuclear fuels on San Onofre State Beach where SR-241 with modifications is expected to terminate at the I-5 at the San Diego /Orange County line.  

11. The TCA is not permitted to build a road in segments to avoid environmental review.

Source: California Regional Water Quality Control Board San Diego Region Resolution No. R9-2015-0022 at page 4  

"The San Diego Water Board may issue waste discharge requirements for large projects in phases; however, phased projects should not segment a larger project into pieces to avoid or limit the Board's review of the project's impacts on water quality and beneficial uses. In considering an earlier phase of a larger project, the San Diego Water Board may consider indirect water quality impacts and whether the current phase of the project is likely to lead to future activities with unacceptable water quality impacts."

The TCA is building the Tesoro Extension of SR-241 with modifications in segments for the specific purpose of avoiding a new CEQA, NEPA and the California Coastal Commission Review.

12. It appears that the TCA and County of Orange and Rancho Mission Viejo are working in concert to build the Tesoro Extension of the SR-241 with modifications using 401 Wastewater Discharge Permit R9-2014-0144 granted to Rancho Mission Viejo (a private entity) for the construction of  "F" Street (a FREE Collector Road) and/or Los Patrones Parkway identified as a FREE Arterial High Way from Oso Parkway to Cow Camp Road. However, language in Rancho Mission Viejo's 401 Wastewater Discharge Permit R9-2014-0144 also allowed grading and drainage for the Oso Bridge Project and the Oso Bridge Gap Closure Project which is not a Rancho Mission Viejo project. As such, 401 Wastewater Discharge Permit R9-2014-0144 should have included the TCA and the County of Orange as applicants. 

13. The TCA is violating the terms of it's Settlement Agreement with the Save San Onofre Coalition et al by continuing to build the Tesoro Extension of SR-241 with modifications in segments to avoid environmental review.

14. "F" Street was never a viable collector road option. The CEQA for "F' Street identified "F" Street as a FREE "Collector" that was to terminate at Tesoro Creek Road, a single entrance "driveway" for Chiquita Canyon High School aka Tesoro High School.

15. "F" Street aka "Los Patrones Parkway, currently designated a FREE "Arterial Highway" has no valid CEQA and the CEQA for F" Street cannot be used for Los Patrones Parkway because alignment of Los Patrones Parkway has been shifted to allow for for a direct connection between Los Patrones Parkway and the current terminus of SR-241 north of Oso Bridge. In addition, Los Patrones Parkway has on and off ramps that connect directly to Oso Parkway Bridge.

16. "F" Street, Los Patrones Parkway and the Tesoro Extension of SR-241 are three separate projects. 

a. "F" Street in the original CEQA was identified as a collector road that connected to Tesoro Creek Drive (a single entrance driveway for Tesoro High School)

b. "F" Street aka Los Patrones Parkway is now being identified in the EIR as a Free Arterial Road with on and off ramps onto Oso Parkway, that aligns with SR-241 north of Oso Bridge.

c. What is actually being built is the Tesoro Extension of SR-241 with modifications (including a direct connection to SR-241 north of Oso Parkway with on and off ramps onto Oso Parkway. This alignment is approximately 800' closer to Tesoro High School then the original alignment for the Tesoro Extension of SR-241 that was denied environmental approvals.

17. The project that is currently under construction is the Tesoro Extension of SR-241 with modifications that include a direct connection between the terminus of SR- 241 north of Oso Parkway and Los Patrones Parkway south of the Oso Bridge. Modifications also included on and off ramps from Los Patrones Parkway onto Oso Parkway.

18. A new CEQA and NEPA for the Tesoro Extension of SR-241 with modifications should be opened with CalTRANS as the lead.

19. "F" Street as identified in the original CEQA is a fraud, and was never a viable option for a road. 

(b) Substantial changes occurred with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report. 

1. The San Diego Water Board granted Rancho Mission Viejo (a private company) 401 Wastewater Discharge Permit R9-2014-0144 to build "F" Street aka Los Patrones Parkway, The only name on the permit is that of Rancho Mission Viejo (a private entity).

2. The TCA was denied a waste water discharge permit to build the Tesoro Extension of SR- 241 south of Oso Parkway without opening a new environmental review (a new CEQA and NEPA with CalTRANS as the lead agency).

3. Language in the permit granted to Rancho Mission Viejo specifically stated that the permit could not be used to build the Tesoro Extension of SR-241. 

4. Language in the permit granted to Rancho Mission Viejo specifically stated that there could be no direct connection between "F" Street aka Los Patrones Parkway now described as a FREE Arterial Highway, and the Tesoro Extension of SR 241 with modifications from Oso Parkway to Cow Camp road.

5. The projects that are currently under construction (Oso Bridge Project, Oso Bridge Gap Closure Project and "F" Street aka Los Patrones Parkway) are being funded partially or in whole by the TCA as evidenced by agreements between TCA, the County of Orange and Rancho Mission Viejo which were approved on June 24, 2014. These agreements were completed 10 months prior to the time Rancho Mission Viejo finalized its 401 Waste Water Discharge Permit Application to the the San Diego Regional Water Board for "F" Street. Rancho Mission Viejo completed its application on April 9, 2015 just as the TCA's decision on the appeal to the denial of the TCA's waste water discharge permit was about to be denied a second time. As such, Rancho Mission Viejo should be limited to building the road "F" Street (a FREE collector road that connects to Tesoro Creek Road - a single entrance driveway for Tesoro High School). No work on the Tesoro Extension of SR-241 with modifications should have been allowed because all three names (Rancho Mission Viejo, the County of Orange and TCA) were not on Permit R9-2014-0144.

Project Report for "F" Street from Cow Camp Road to Oso Parkway dated January 21, 2015 at page 1084 of 1097. 

The following picture shows; in yellow, the original alignment of "F" Street connecting to Tesoro Creek Road (a single entrance driveway for Tesoro High School.

The red shows the modified "F" street alignment aka Tesoro Extension of SR-241 with "modifications".

Sadly - the alignment of "F" street has been shifted east to align with the terminus of SR-241, and in an effort to protect the Cactus Shrub which is shown in green. The TCA, the County of Orange and Rancho Mission Viejo, deemed it more important to protect Cactus Shrub than the children at Tesoro High School.

The project is being approved as a "PROGRAM EIR"

The Ranch Plan "F" Street Alignment (Cow Camp to Oso Parkway) Permit ST140005

[page 1-1]

Consistent with the requirements of the CEQA, both FEIR 584 and FEIR 589 were prepared as Program EIRs. Section 15165 of the CEQA Guidelines states, “Where individual projects are, or a phased project is, to be undertaken and where the total undertaking comprises a project with significant environmental effect, the Lead Agency shall prepare a single program EIR for the ultimate project as described in Section 15168. As such, these documents provide the comprehensive evaluation of the potential environmental impacts associated with the development of the Rancho Mission Viejo Planned Community, of which ”F” Street (i.e., “Project”) is a component. The Rancho Mission Viejo Planned Community was addressed as a single project. Past and future actions, including the approvals associated with implementation of “F” Street, are the phased implementation of the larger Rancho Mission Viejo Planned Community

[page 1-3]

The County of Orange Board of Supervisors certified the EIR, hereinafter referred to as “FEIR 584”, on October 24, 2006.

[page 4-68]

"Finding of Consistency With Final EIR 589 As discussed above, the “F” Street Project would have no impacts on utilities and service systems. The County of Orange has determined, on the basis of substantial evidence in the light of the whole record, that the “F” Street Project does not propose substantial changes to the Rancho Mission Viejo Planned Community; that no substantial changes would occur that would require major revisions to FEIR 589 due to new significant impacts; and that no new information of substantial importance has been revealed since the certification of FEIR 589. Therefore, since none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred, an Addendum to FEIRs 589 and FEIR 584 is the appropriate document for CEQA compliance." 

 

6. The Approval of 401 Wastewater Discharge Permit R9-2014-0144 granted to Rancho Mission Viejo was never brought before the San Diego Water Board for approval in a Public Board Meeting. The San Diego Water Board "Announcements" do not contain any announcement regarding 401 Wastewater Discharge Permit R9-2014-0144 granted to Rancho Mission Viejo. So it appears that the San Diego Water Board administratively approved 401 Wastewater Discharge Permit R9-2014-0144 without any public in-put and no legitimate Board approval with a consent item. This happened one month after the TCA waste water discharge permits were denied, but were still petitioning the water board to re-open the matter. 

March 16, 2015 

Minutes 

Look at all the people who came to March 16, 2015 meeting regarding the TCA/ SR-241 when the water board was very clear about this being the Toll Road with the proper entitles on the permit. 

The TCA's appeal had already been denied and they were Petitioning to re-open once again.

 

 

On April 15, 2015 there was only one item on the Consent Calendar and it had nothing to do with the TCA or SR-241 or 401 Wastewater Discharge Permit R9-2014-0144

There were no consent items on the May 13, 2015 Water Board meeting Agenda.

On the June 24, 2015 Board Agenda there were 4 Consent Items and it had nothing to do with the TCA or SR-241 or 401 Wastewater Discharge Permit R9-2014-0144

The water board failed to follow the law

[See "b" below]

401 Wastewater Discharge Permit R9-2014-0144 contains the following language at page 24. 

It appears that the San Diego Water Board administratively approved 401 Wastewater Discharge Permit R9-2014-0144 granted to Rancho Mission Viejo (a private entity) to build what is actually the Tesoro Extension of SR-241 with modifications, and did so behind closed doors in violation of the law and its own policies. As such, it appears individual at the Water Board may have been part of the Collusion and Criminal Fraud to complete SR-241 from Oso Parkway to the I-5 at the San Diego/ Orange County line.

The Item was never placed on the Agenda as a consent Item and the Item was never announced to the public.

7. The projects that are currently being built are:

1. Oso Bridge Project

2. "F'" Street aka Los Patrones Parkway Project  Tesoro Extension of SR-241 with modifications

3. The Oso Bridge Gap Closure Project 

These 3 projects are really the Tesoro Extension of SR-241 with modifications.

8. The project that is currently under construction referred to as "F" Street aka Los Patrones Parkway (a FREE Arterial Highway) is not "F" Street, identified as a "free collector road" that connected to Tesoro Creek Drive (a single entrance driveway that serves Chiquita Canyon High School aka Tesoro High School).

9. The project that is currently under construction referred to as "F" Street aka Los Patrones Parkway is now identified as a FREE Arterial Highway that allows for a direct connection with SR-241 which terminates north of Oso Parkway.

10. The project that is currently under construction referred to as Los Patrones Parkway (a FREE Arterial Highway) includes on and off ramps onto Oso Parkway.

11. There is no valid CEQA or NEPA for Los Patrones Parkway as a free arterial highway with on and off ramps onto Oso bridge.

11. The current construction projects violate 401 Wastewater Discharge Permit R9-2014-0144 because Rancho Mission Viejo is not building "F" Street which was identified as a local collector road that was to connect to Tesoro Creek Drive on the original CEQA . The current project being built is actually a new project, that is using the "F" street permit with work being done south of the Oso Parkway bridge by the TCA and County of Orange. As such, the TCA and County of Orange should have been on the application for 401 Waste Water Discharge Permit R9-2014-0144.

12. The current construction projects violate 401 Wastewater Discharge Permit R9-2014-0144 because there is no valid CEQA or NEPA for the Oso Bridge Gap Closure Project. 

13. All changes to this project have been administratively approved by the County of Orange who is also the designated lead for CEQA for the project. That appears to be a Conflict of Interest.

14. The TCA, County of Orange and Rancho Mission Viejo are all parties to real estate contracts regarding ownership of this project (Option Agreement with an Offer to Purchase real property Grant Deed to County of OrangeIrrevocable Offer to Convey real property, and possibly even the Agreement for Grant of Fee Credits for Right-of Way purposes of "F" Street). The TCA, the County of Orange and Rancho Mission Viejo appear to have Conflicts of Interest which they have failed to fully disclose in Rancho Mission Viejo's 401 Waste Water Discharge Permit Application, which has inconsistencies with CEQA for "F" Street. 

15. CalTRANS should be the designated lead for CEQA and NEPA for the construction of "F" Street aka Los Patrones Parkway which is actually the Tesoro Extension of SR-241 with modifications. The TCA was denied permits to construct the Tesoro Extension of SR- 241 south of the Oso Bridge without opening a new environmental review.  They are building the Tesoro Extension of SR-241 with modifications without a valid CEQA or NEPA.

(c) New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, has become available.

1. Parcel 125-096-82 is owned by the Capistrano Unified School District, not Rancho Mission Viejo.

2. Rancho Mission Viejo sold Parcels 125-096-82 and 125-096-69 to the Capistrano Unified School District in 1997.

3. Rancho Mission Viejo sold Parcels 125-096-59 and 125-096-60 to the Capistrano Unified School District in 1999. 

4. The owner of portions of L06 aka Canada Chiquita Channel that sit on Parcels 125-096-59, 125-096-60, 125-096-69 and 125-096-82 are designated as "unknown". Portions of L06 are known. Parcels 125-096-59, 125-096-60, 125-096-69 and 125-096-82 are owned by the Capistrano Unified School District.

5. There appears to be a violation of the Subdivision Map Act.

In 2001 Rancho Mission Viejo claimed ownership of Parcel Nos. 125-096-82, 125-096-69, 125-096-59 and 125-096-60. Parcel Nos. 125-096-82, 125-096-69, 125-096-59 and 125-096-60 were transferred into Certificate of Compliance of 2001 -01 by entities that did not own them, and therefore had no right to encumber them. The governing Certificate of Compliance for all four parcels is Certificate of Compliance 95-01. Parcel Nos. 125-096-82 and 125-096-69 have been owned by the Capistrano Unified School District since 1997, not Rancho Mission Viejo who mistakenly thought they owned the parcels.  Parcel Nos.125-096-59 and 125-096-60 have been owned by the Capistrano Unified School District since 1999, not Rancho Mission Viejo who mistakenly thought they owned the parcels. Rancho Mission Viejo made an "out of chain of title transfer" erroneously putting Parcel Nos. 125-096-82, 125-096-69, 125-096-59 and 125-096-60 into Certificate of Compliance 2001-01.

By the parties (Rancho Mission Viejo and Capistrano Unified School Districts') own admission, per the 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 they acknowledged that Certificate of Compliance 2001-01 contains material errors. 

"CUSD had previously identified certain issues arising in connection with record ownership of one of its parcels of real property, due to an error in a 2001 Certificate of Compliance that was utilized as the legal description in a land transfer between DMB San Juan Investment North, LLC and RMV Middle Chiquita, LLC (aka, “Rancho Mission Viejo”). Such error has since been corrected by the recording of a Quitclaim Deed wherein Rancho Mission Viejo acknowledged the error and, for the record, remised, released, reconveyed, and forever quitclaimed its interests in Parcel -82, if any, to CUSD"

complaint was filed with the Department of Real Estate on January 29, 2019.

[See also February 13, 2019 Memorandum from Capistrano Unified School District: Parcel 82 and Drainage at Tesoro High School related to construction of the Oso Bridge.]

[See also Capistrano Unified School District Toll Road Facts]

6. There is evidence that the TCA, the County of Orange, and Rancho Mission Viejo, lacked sufficient transparency, and may have possibly engaged in Collusion and Criminal Fraud in an effort to complete the Tesoro Extension of SR 241 with modifications from Oso to Cow Camp. The TCA, the County of Orange, and Rancho Mission Viejo are building the road in segments for the purpose of avoiding environmental review (a proper CEQA, NEPA and the Coastal Commission). It is unclear at this time, if this "conspiracy" was done with or without the knowledge of the Capistrano Unified School District. It is unclear if Capistrano Unified School District is also a party to this fraud. 

7. 401 Wastewater Discharge Permit R9-2014-0144 was granted to Rancho Mission Viejo (a private company) to build "F" Street aka Los Patrones Parkway designated in the application as a FREE arterial highway. Instead, the permit is being used to build the Tesoro Extension of SR-241 with Modifications as a tolled road (not a FREE road). 

8. All of the drainage for the three projects that are currently being built near Oso Bridge have been designed to drain onto Parcel 125-096-82 which has been owned by the Capistrano Unified School District since 1997, not Rancho Mission Viejo. Rancho Mission Viejo made an "out of chain of title transfer" erroneously putting Parcel 125-096-82 into Certificate of Compliance 2001-01 which contains the right of way for the "F" Street aka Los Patrones Parkway aka Tesoro Extension of SR-241 with modifications including the original SR-241 from Oso to county line. This error has recently created a continuous trespass of water onto Parcel 125-096-82 and into L06 Canada Chiquita Channel which lies underneath Tesoro High School's other Parcels Nos 125-096-59, 125-096-60 and 125-096-69. This is a potential violation of the Federal Clean Water Act.

CUSD stated in it's February 13, 2019 Letter to the Community regarding Parcel 82 and Drainage at Tesoro High School Related to Construction of the Oso Bridge at page 3:

"Is Los Patrones Parkway causing drainage onto Tesoro High School?

Cañada Chiquita Creek has, since long before the construction of Tesoro High School, flowed in or around its current location, from north of the high school to the south of it. Concurrent with the construction of the high school, in order to avoid flooding from the creek, massive drainage facilities were constructed to take flow from Cañada Chiquita Creek underground, from the northeast of the campus to a facility just south of the now-existing track field. Both structures are visible from aerial photographs. Such construction coincided with construction of the high school, and substantially pre-dated Los Patrones Parkway construction.

While portions of Los Patrones Parkway may flow into Cañada Chiquita Creek north and upstream of the school, we are not aware of any evidence suggesting that flows from such improvements are, or will, negatively impact the flow capacity of the drainage improvements adjacent to the school. Should actual documentation exist to suggest that flows from Los Patrones Parkway will substantially increase existing storm flow and overwhelm the existing drainage system, CUSD will gladly review.

Otherwise, to CUSD’s knowledge, there is no basis for suggesting that the drainage improvements at Tesoro High School create any health and safety risks for students, and in fact, such improvements were constructed to protect students, staff, and facilities from storm water events arising from Cañada Chiquita Creek, and were approved by the California Division of the State Architect (“DSA”) and the County of Orange for such purpose."

Drainage improvements from the new alignment of the Tesoro Extension of SR 241 with modifications have been designed to drain all of the water from "F" Street aka Los Patrones Parkway aka Tesoro Extension of SR-241 with modifications from east to west and will in fact increase flow capacity on to Parcel 125-096-82 and into Canada Chiquita Channel.

While Capistrano Unified School District says "drainage improvements adjacent to the school" that is incorrect. Parcel 125-096-82 is owned by CUSD and is part of the parcels belonging to Tesoro High School campus. Chiquita Canyon High School aka Tesoro High School was built on Canada Chiquita Channel. 

As the photographs below show, all the drainage from the construction of the current projects have been designed to drain into Canada Chiquita Channel from the north and from east to west which would imply that this will substantially increase existing storm flow and could possibly overwhelm the existing drainage system.

Project Report for "F" Street from Cow Camp Road to Oso Parkway at page 934

The drainage basin locations shown on the 401 Wastewater Discharge Permit R9-2014-0144 do not match what is currently being built.

For example, there is a new basin on the west side of "F" Street aka Los Patrones Parkway aka Tesoro Extension of SR-241 with modifications that is not on the waterboard permit. And it appears there may be several more that are not on the permit as well. 

401 Wastewater Discharge Permit R9-2014-0144 at page 38 of 66

The first new drainage basin not shown on the permit is directly across from the concrete basin. 

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.

 

[See CUSD: Canada Chiquita Channel: Is Construction of the Oso Bridge Project Violating the Federal Clean Water Act?]

9. The Capistrano Unified School District has an obligation to enforce taxpayer property rights and to protect the health and safety of Tesoro staff and students.

In June 2017 CUSD was made aware of the fact that Tesoro Extension of SR-241 with modifications was being constructed at CUSDs' property boundary (because CUSD owned Parcel 125-096-82) without any set back or protective barriers such as the (3,777' long 10' high wall, or vegetative barrier) and that such construction threatened the health and safety of Tesoro High School staff and students.

At a June 28, 2017 CUSD BOT Meeting Board Audio at 15:58 Superintendent Vital made the following opening remarks re: Construction of Los Patrones Parkway [aka "F Street aka Tesoro Extension of SR -241 with modifications]

"CUSD has asked legal council to examine the Grant Deeds for Tesoro High School and had them plotted by a licensed land surveyor. Based on that plotting, Los Patrones Parkway is not being constructed on District property. It is; as we have maintained, on land adjacent to the District's property. 

It is a County approved project and does not involve any District approvals, easements or agreements.

Los Patrones Parkway in either the form it is being constructed today, or in the original SR-241 Toll Road Alignment were part of, and addressed by the districts CEQA analysis for both Tesoro High School and Esencia K-8 School.

Air quality and noise impacts among others were all part of the environmental consideration under taken not only by the District, but also by the County in approving the EIR's for Rancho Mission Viejo.

Neither the Districts environmental documents for our sites nor Rancho Mission Viejo environmental documentation suggests the presence of toxic soils.

Concerns, relative to dust from grading are legitimate concerns shared by the District—and the District will do its part to report any observed fugitive dust emissions to the Orange County Planning Director, as called for in the Rancho Mission Viejo EIR and addendums for the Roadway.

Before TCA can construct the ultimate Toll Expressway extension to Interstate-5, it will be required to identify, and environmentally review, a new alignment for such a project. The District will continue to monitor and review such proposals, and can address any concerns created by that proposal if and when it is presented."

Board Audio at 46:27 BLUE CARD Dawn Urbanek 

Clarification of Kristen Vital's opening remarks regarding Tesoro High School Property Parcel Nos 79 and 82. Reasserting the allegation that a Toll Road is being graded that is less than 500' feet from Tesoro's Tennis Courts and appears to be inside Tesoro High School's property boundary. 

Board Audio at 51:54 Superintendent Kristen Vital asked CUSD Attorney Jeff Hoskinson to clarify ownership of Parcel 82 and 79

CUSD owns Parcel 82. CUSD does not own Parcel 79.

Construction is taking place within 500 feet from the tennis courts.

The EIRs' for Tesoro High School and Esencia K-8 are both flawed:

Tesoro EIR: 

New Health Risk studies should be done for Tesoro High School.

The 1996 EIR Analysis for Tesoro is not correct because it did not do any studies within 500' of the schools because it was not required at the time. That statute did not come into effect until 2004. That statue requires that a health risk assessment be done for any road that is within 500' of a school.

Esencia EIR: New Health Risk studies should be done for Tesoro

The 500' study was done for Esencia however it was done assuming Los Patrones was a Parkway.  EIR Analysis for Esencia is not correct because it was done assuming that Los Patrones was an arterial road NOT a toll road. It is now a Toll Road so the review is not accurate. 

CUSD has failed and refused (for almost 2 years) to do new health risk assessments despite the substantial shift in alignment of the project.

CUSD has failed and refused (for over one year) to take proper actions to Quiet Title on Parcels 125-096-59 125-096-60 125-096-69 and 125-096-82.

A Kitchell School Facility Report shows that Tesoro High School is showing signs of structural cracking that may be the result of soil issues. A Williams Complaint was filed with the California Department of Education.

CalTRANS addressed set back concerns in a letter contained in the FINAL Environmental Impact Report for Chiquita Canyon High School aka Tesoro High School in March 1996 at page 89.

"Section 5.8.2h (page149) the distance of 370 feet between the freeway on ramp and the access road is unacceptable. The minimum distance should be 500 feet and the design shall be coordinated with the design of the Foothill Transportation Corridor. Please submit the detailed engineering/site plans for review and comment."

In the Districts response it stated that:

"More importantly, however, the standard appears to apply to "local roads". The
access to the high school is not a local road, but rather a driveway. So far as is
known at this time, there is no plan to cause this driveway to act as a local collector
or arterial." 

10. Since December of 2018, the Capistrano Unified School District has been repeatedly notified about the potential violation of the Subdivision Map Act, the encumbrance of Parcel Nos. 125-096-82, 125-096-69, 125-096-59 and 125-096-60 by entities that did not own them and had no right to encumber them, and the continuous trespass of water onto district property. The District has repeatedly been asked to protect taxpayer property rights by filing an action to Quiet Title. The Capistrano Unified School District has failed and refused to file the proper action to Quiet Title.

11. There is substantial evidence that the Capistrano Unified School District has failed and refused to protect tax payer property rights by failing to stop Rancho Mission Viejo from encumbering school district property, and allowing a continuous trespass of water on 125-096-82 and underneath the school, and for failing to take any legal action to Quiet Title on Capistrano Unified School Districts four Parcels which have erroneously been transferred into Certificate of Compliance 2001-01.

A Quiet Title action against Certificate of Compliance 2001-01 would create Lis Pendens alerting all known and unknown interested parties that the Certificate of Compliance 2001-01 is flawed. This should be done to protect the property rights of all interested parties with or without knowledge of this error. Rancho Mission Viejo was also aware of the problem, and therefore they should have initiated a proper action to Quiet Title with Certificate of Compliance of 2001-01.

12. As a result of the evidence stated below, the health and safety of Tesoro staff and students are threatened because the new alignment of the Tesoro Extension of SR 241 with modifications is now on the property line of Tesoro High School, with -0- set back. There is no protective barrier such as the 10' high 3,770' concrete block wall that was required to protect staff and student from identified environmental hazards such as noise pollution, air pollution, soil liquefaction, landslides, pesticides and possible lead from the Old Trabuco Bombing Range. New health studies must be done. 

13. As evidenced in this document, it should be noted that Canada Chiquita Channel is one of only 8 Alkali Marshes known to exist in California, is being destroyed by the current construction project without any environmental review of the project

Canada Chiquita Channel was once noted as a national treasure. No school should ever have been built on this land. 

It should be noted that Rancho Mission Viejo appears to sell the Capistrano Unified School District land for its schools that is not suitable for building homes and should never be used for schools. Supporting documentation will show that the new alignment of the Tesoro Extension of SR-241 with modifications will negatively impact Tesoro High School, Esencia Elementary School, San Juan Hills High School, San Clemente High School and Concordia Elementary School which is on the I-5 at the Orange/San Diego County Line.

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

Canada Chiquita Alkali Marsh is a National Treasure

Final EIR for Chiquita Canyon High School aka Tesoro High School March 1996 at page 22 

Final EIR for Chiquita Canyon High School aka Tesoro High School March 1996 at page 600 

Final EIR for Chiquita Canyon High School aka Tesoro High School March 1996 at page 867 

 

14. Construction of the Tesoro Extension of SR 241 is now underway from Oso Parkway to Cow Camp Road. Construction from Cow Camp to Pico is just begining. That will leave one final segment to complete prior to terminating the road at the San Diego/Orange County line in the vicinity of the San Onofre nuclear power plant. Allowing this project to continue without environmental review threatens the destruction of the San Mateo Watershed and could result in a nuclear disaster because the decommissioned nuclear power plant will have stored nuclear waste within the area where the road will connect to the I-5 Freeway. 

Documentation (in the public domain) shows that three segments of the current project is all ready underway:

1. LP1 (Oso Parkway to Chiquita Canyon Drive) [under construction]

2. LP2 (Chiquita Canyon Drive to Cow Camp Road) [under construction]

3. Cow Camp Road to Pico [in planning]

4. Pico to the I-5 at the San Diego/Orange County line. [final segment]

15. The Approval of 401 Wastewater Discharge Permit R9-2014-0144 granted to Rancho Mission Viejo was never brought before the San Diego Water Board for approval in a Public Board Meeting. The San Diego Water Board "Announcements" do not contain any announcement regarding 401 Wastewater Discharge Permit R9-2014-0144 granted to Rancho Mission Viejo. So it appears that the San Diego Water Board administratively approved 401 Wastewater Discharge Permit R9-2014-0144 without any public in-put and no legitimate Board approval with a consent item. This happened one month after the TCA waste water discharge permits were denied, but were still petitioning the water board to re-open the matter. 

It appears that the San Diego Water Board administratively approved 401 Wastewater Discharge Permit R9-2014-0144 granted to Rancho Mission Viejo (a private entity) to build what is actually the Tesoro Extension of SR-241 with modifications, and did so behind closed doors in violation of the law and its own policies. As such, it appears individuals at the Water Board may have been part of the Collusion and Criminal Fraud to complete SR-241 from Oso Parkway to the I-5 at the San Diego/ Orange County line as documented in 5(B).

SUPPORTING DOCUMENTATION is currently being completed.