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Date: 10-28-17

To: Interim Principal Rich Bellante

From: Dawn Urbanek

Re: Emergency Request: Williams Complaint against the Capistrano Unified School District for allowing a Toll Road to be built less than 100' from Tesoro High School.

_______________________________________________________________________

Dear Mr. Bellante-

Please find the attached Williams Complaint and supporting documentation. A copy of this complaint has been sent to Trustees. In addition, this complaint has been published in the following Patch's:

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District - Laguna Niguel Patch

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District - Aliso Viejo Patch

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District -Mission Viejo Patch

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District - Rancho Santa Margarita Patch

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District - San Clemente Patch

EMERGENCY REQUEST FOR STATE INTERVENTION: Williams Complaint Against the Capistrano Unified School District - San Juan Capistrano Patch

Remedies Sought:

Emergency Stop work order to clarify that measurements from CUSD property boundary to Toll Road are in compliance with EIR.

Request new Health and Safety risk studies for students and staff at Tesoro High School and Esencia K-8 (currently under construction).

Review of San Diego Water Board permit to confirm that it has not been violated.

No Toll Road within 100' of a school without the EIR required protective barrier 10' high wall, 3,700' long.

Thank you for your time.

Dawn Urbanek

cc: California Department of Education - Williams Complaints - filed electronically.

 

 

EMERGENCY REQUEST FOR STATE INTERVENTION

Grading of this road started in the fall of 2016.

Despite months of requests, the Capistrano Unified School District is doing nothing to protect the health and safety of Tesoro High School staff and students. As such I am filing this Williams Complaint, and making an emergency request for the State Board of Education to step in and protect the health and safety of staff and students.

The original EIR called for a Protective barrier: a 10' high wall 3,700' long.

THERE IS NO BARRIER!

The original EIR stated that the road was a minimum of 500' from the Tennis Court.

THE ROAD IS LESS THAN 100' FROM SCHOOL PROPERTY AND 400' FROM THE TENNIS COURT

 

 

Background:

June 28, 2017

June 28, 2017 CUSD BOT Meeting BOARD AND SUPERINTENDENT COMMENTS

Board Audio at 15:59 Superintendent Kristen Vital makes a statement re: 241 Toll Road Extension/Los Patrones Parkway. This statement contains false and mis-leading information as later confirmed in a discussion of Agenda Item #38.

 

June 28, 2017

June 28, 2017 CUSD BOT Meeting Oral Communications

Board Audio at 20:54 Dawn Urbanek

I question the Superintendents Statement.

 

June 28, 2017

June 28, 2017 CUSD BOT Meeting Agenda Item #38 page 736

Board Audio at 44:50 Mayor Kathy Ward City of San Clemente

Board Audio at 46:21 Taxpayer Dawn Urbanek - I take issue with Superintendent Kristen Vital's statements regarding the Toll Road.

Board Audio at 51:58 Superintendent Vital RE: Her remarks- she asks City Attorney to clarify what property CUSD owns near Tesoro. 

Superintendent Vital made false statements on the record - CUSD owns Parcel 82, therefore the Toll Road is less than 100 feet from CUSD's property boundary.

Despite approving this Resolution on June 28, 2017, CUSD has not taken any action to protect the health and safety of Tesoro students and staff. Three months after the execution of this Resolution there is not protective barrier, no new health risk studies have been requested and the confirmation of measurements has not been done.

Board Audio at 76:45 The Board Approves Resolution No. 1617-89 which opposes Toll Roads on or near our campuses. 6-1 (Trustee McNicholas voted No)

 

At the June 28, 2017 BOT Meeting the Attorney for CUSD stated on the record that the EIR's done for both Tesoro High School and Esencia K-8 were "FLAWED".

THE CAPISTRANO UNIFIED SCHOOL DISTRICT HAS AN OBLIGATION TO PROTECT THE HEALTH AND SAFETY OF STUDENTS BY IMMEDIATELY ASKING FOR HEALTH RISK STUDIES OF BOTH ESENCIA K-8 AND TESORO HIGH SCHOOL BASED ON THE FOLLOWING FACTS AS STATED BY CUSD's ATTORNEY ON THE RECORD.

 

TESORO HIGH SCHOOL:

The EIR identified Tesoro High School as a "Sensitive Receptor".

The EIR shows two roads- the 241 Extension and a separate FREE Arterial road Los Patrones Parkway.

The EIR states that the 241 Toll Road TERMINATES at Oso Parkway.

The EIR States that Los Patrones TERMINATES at Oso Parkway.

The EIR states that there is NO DIRECT CONNECTION BETWEEN THE 241 AND LOS PATRONES PARKWAY. 

The environmental review that was done was based on the facts stated above.

Based on the facts stated above, the EIR concluded that a protective barrier wall (10' high and 3,700' long) would need to be constructed in order to protect the school from noise and air pollution and ensure the health and safety of Tesoro students.

CalTrans, the County of Orange, the TCA and Rancho Mission Viejo behind closed doors shifted the alignment of the 241 Toll Road. They eliminated the FREE Los Patrones Parkway; and have completed grading of the 241 Toll Road in place of Los Patrones Parkway, and are now permitting a 5.5 mile Toll Road that extends the 241 from Oso parkway to Cow Camp Road.

The change in alignment constitutes a SUBSTANTIAL CHANGE that should have triggered both NEPA and a new CEQA.

New facts have come to light that show that the new alignment has placed the Toll Road less than 100' from Tesoro's property boundaries in some places.

The Capistrano Unified school district has an obligation to protect the health and safety of students and staff and therefore is required; to perform a new health risk study of Tesoro High School based on a Toll Road (not an arterial road) being constructed within 100' of the school.

 

ESENCIA K-8 SCHOOL:

The EIR for Esencia was based on a FREE Arterial Road being next to the school. There is a Toll Road being graded next to Esencia so again; as the attorney for CUSD stated, the testing is not valid and a new Health Risk Study should be performed for Esencia K-8.

I am requesting that CUSD place this item on the July 26, 2017 Board meeting for the purpose of having Trustees vote to approve new Health Risk Studies for Tesoro High School and Esencia K-8.

As supporting documentation please find the attached complaint filed with the Orange County Grand Jury.  

A copy of this request and the complaint has also be forwarded to the Orange County District Attorney.

Dawn Urbanek, CUSD taxpayer and students advocate.

 

Attachment: Grand Jury Complaint: https://cusdwatch.com/index.php/2-uncategorised/273-grand-jury-complaint

 

Due to the inaction of CUSD- I wrote to the County asking for a Temporary Stop Work Order so that measurements could be verified.

The County is choosing to ignore their responsibility to have ensured that a protective barrier was put in place BEFORE grading began. The original EIR called for a 10' high wall 3,700 long be built to ensure that staff and students would be protected from noise and pollution.

I made a second request which has remained unanswered. The COunty is no longer responding to Public Record Requests.

I also did a Public Records Request:

EIR required a "Protective Barrier"

 

  

CUSD July 26, 2017 BOT Meeting: Oral Communications Emergency Request Tesoro High School/ Toll Road Measurements

July 26, 2017 CUSD BOT Meeting ORAL COMMUNITAION

BLUE CARD: Dawn Urbanek

Board Audio at 26:24 

I read into the record my letters to the County of Orange asking for a Stop Work Order while measurements were verified.

 

August 23, 2017 

August 23, 2017 CUSD BOT Meeting CLOSED SESSION

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Board Audio at 8:28

Trustees voted 7-0 to authorize Legal Counsel to initiate litigation against the County of Orange and related respondents who are in violation of the California Environmental Quality Act. 

It should be noted that to date no litigation or further action has been taken.

 

August 23, 2017 CUSD BOT Meeting Agenda Item #25 Citizens Request

This Item is for information/Discussion and Trustees had no intention of acting on this Item at this meeting.

 

BLUE CARD: Dawn Urbanek

Board Audio at 59:05

Trustees were e-mailed the following Document: CUSD sends the County of Orange a letter regarding Los Patrones Parkway Construction Project 

In the time available I spoke to Factual Correction #4

Factual Correction Number 4:

Clark is missing the point that the California Water Board denied the TCA discharge permits for the 241 Toll Road Extension on June 19, 2013. The TCA appealed and the denial was up-held on March 16, 2015. 

Source: California Regional Water Quality Control Board San Diego Region Resolution No. R9-2015-0022: Resolution Supporting Denial of Revised Tentative Order No. R9-2013-0007, Waste Discharge Requirements for Foothill/Eastern Transportation Corridor Agency, Tesoro Extension (SR 241) Project, Orange County.

So what the Ranch did was file an application for a wastewater discharge permit for F Street aka Los Patrones (a FREE arterial road). The permit that was granted was for the grading of Los Patrones as a Free Arterial Road and explicitly stated that this permit was NOT for the 241 Extension. 

Source: California Regional Water Quality Control Board San Diego Region. Order for Technically- conditioned Certification of Waste Water Discharge.

The Permit granted to the Ranch specifically states at page 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 Los Rancho Mission Viejo - 2 - "F" Street from "A" Street to Oso Parkway Project Certification No. R9-2014-0144 June 4, 2015 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.

As a modified Rural Secondary Highway, the roadway will consist of two twelve-foot through lanes, eight-foot shoulders in both directions, and a fixed median between approximately stations 1 05+00 and 230+00 that is 1 0-11 feet wide and widens to accommodate connections to "A" Street and Oso Parkway. South of "A" Street the median is up to 58 feet wide. "F" Street will have a design speed of 70 mph and a posted speed limit of 65 mph. This is consistent with the approved Letter of Geometric Alignment Recommendation and Geometric Approval Drawing referenced in the above-mentioned Fee Credit Agreement. At its northern terminus, "F" Street will connect to Oso Parkway at the at-grade existing intersections of the on and off-ramps from the SR-241. Local access to the north end of the Applicant's Planning Area 2 project from "F" Street will be via "A" Street, with access to "A" Street provided via a grade separated half-expressway-interchange, with access to and from the north. At its southern terminus, "F" Street will terminate at Cow Camp Road as an at-grade signalized tee intersection."

The Ranch lied in its application. The grading of a Toll Road instead of a Free Arterial Road violates the application which should stop all construction until a new environmental review is completed.

Based on this CUSD said they gave direction to Staff to pursue litigation against the County of Orange: 

Trustee McNicholas reread the report out of closed session:

 

While a Resolution has been passed in July, 2017; and Trustees authorized litigation in August 2017, it is the beginning of October and nothing has been done to protect the staff and students.

Board Audio at 65:21 Trustees make a statement about the Course CUSD is taking:

Trustees voted 7-0 to authorize Legal Counsel to initiate litigation against the County of Orange and related respondents who are in violation of the California Environmental Quality Act. 

 

cc: California Department of Education- Williams Complaints - filed electronically