Will CUSD File a Petition for an Injunction to Protect Tesoro Staff & Students?

The meeting will be held at the District Offices at 33122 Valle Road, San Juan Capistrano CA 92675. Closed Session begins at 4:30 pm and Open Session begins at 7:00 pm.

What Taxpayers and Parents need to know:

The alignment of SR-241 Tesoro Extension of the Toll Road has been substantially altered. The extension of the Toll Road from Oso Parkway to Cow Camp Road is now being built on top of what was suppose to be Los Patrones Parkway aka "F Street". Los Patrones was suppose to be a "FREE" Arterial Road (like Antonio Parkway). The extension of the Toll Road was suppose to be a separate road east of Los Patrones.

Source: Environmental Impact Report No. 589 Exhibit 3-22 http://www.ocpublicworks.com/civicax/filebank/blobdload.aspx?blobid=45926

Because of the substantial shift in the alignment of the 241 Toll Road Extension; and, because the width of a Toll Road is much wider then a Parkway, the road that is being graded is now less than 100' from Tesoro's property boundaries.

The health risks to people living and working so close to a major road are substantial even when protective barriers are in place. There is currently NO PROTECTIVE BARRIERS in place at Tesoro High School. Athletic fields are directly next to roads that are being graded with complete disregard for the Health and Safety of staff and students.

Rancho Mission Viejo lied on its application to the San Diego Regional Water Quality Control Board in order to get a waste water discharge permit.

In it's application, the Ranch states that it is building a FREE arterial road named F Street aka Los Patrones.

In its application, the Ranch states on page A-7 that there are "NO SENSITIVE RECEPTORS IN THE RANCH PLAN AREA”.

All Schools are "Sensitive Receptors".

All parties - the Ranch- the County of Orange - the TCA and the Capistrano Unified School District know that Tesoro is a "Sensitive Receptor" that should be protected from the effects of this road.

All parties - the Ranch- the County of Orange - the TCA and the Capistrano Unified School District know that the road that is currently being graded less than 100 feet from Tesoro is a Toll Road based on the size of the road that is being graded.

The original EIR with studies based on a Parkway next to the school and a Toll Road to the East required that a wall 10' high and 3,700' long be built to protect the students and staff from noise and pollution. There is no wall, and now there is a Toll Road... not a FREE Arterial Road next to Tesoro High School.

This is unconscionable. The long-term health risks to students and staff are documented.

The Water Board denied the TCA discharge permits for the 241 Toll Road Extension through this area because of the negative impact the road will have on the waters of the United States.

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.

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."

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

Unfortunately CUSD has shown little interest in protecting the students at Tesoro. This is an Information/Discussion Item only, and the Board will probably not take any action.

Irrespective of the actions of CUSD in this matter, the Public should know that the Grading Permit was based on receiving this waste water discharge permit. The permit was obtained through fraudulent statements. The Permit is revokable. Construction can be stopped.

at page 6

A. This Certification action is subject to modification or revocation upon administrative or judicial review, including review and amendment pursuant to section 13330 of the Water Code and chapter 28, article 6 (commencing with title 23, section 3867), of the California Code of Regulations.

B. Duty to Comply. The Applicant must comply with all conditions and requirements of this Certification. Any Certification noncompliance constitutes a violation of the Water Code and is grounds for enforcement action or Certification termination, revocation and reissuance, or modification.

at page 7

F. Project Modification. The Applicant must submit any changes to the Project, including Project operation, which would have a significant or material effect on the findings, conclusions, or conditions of this Certification, to the San Diego Water Board for prior review and written approval. If the San Diego Water Board is not notified of a significant change to the Project, it will be considered a violation of this Certification.

at page 8

I. Enforcement Notification. In the event of any violation or threatened violation of the conditions of this Certification, the violation or threatened violation shall be subject to any remedies, penalties, process or sanctions as provided for under State law. For purposes of section 401 (d) of the Clean Water Act, the applicability of any State law authorizing remedies, penalties, process or sanctions for the violation or threatened violation constitutes a limitation necessary to assure compliance with the water quality standards and other pertinent requirements incorporated into this Certification. J. Certification Actions. This Certification may be modified, revoked and reissued, or terminated for cause including but not limited to the following: 1. Violation of any term or condition of this Certification;

2. Monitoring results indicate that continued Project activities could violate water quality objectives or impair the beneficial uses of Chiquita Creek, Gobernadora Creek or their tributaries;

3. Obtaining this Certification by misrepresentation or failure to disclose fully all relevant facts;

4. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; and

5. Incorporation of any new or revised water quality standards and implementation plans adopted or approved pursuant to the Porter-Cologne Water Quality Control Act or section 303 of the Clean Water Act.

The filing of a request by the Applicant for modification, revocation and re-issuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any Certification condition.

at page 27

X. WATER QUALITY CERTIFICATION June 4, 2015

I hereby certify that the proposed discharge from the "F" Street from "A" Street to Oso Parkway Project, limited as described in the Project Description above, (Certification No. R9-2014-0144) will comply with the applicable provisions of sections 301 ("Effluent Limitations"), 302 ("Water Quality Related Effluent Limitations"), 303 ("Water Quality Standards and Implementation Plans"), 306 ("National Standards of Performance"), and 307 ("Toxic and Pretreatment Effluent Standards") of the Clean Water Act. This discharge is also regulated under State Water Board Order No. 2003-0017-DWQ, "Statewide General Waste Discharge Requirements for Dredged or Fill Discharges that have Received State Water Quality Certification (General WDRs)," which requires compliance with all conditions of this Water Quality Certification. Please note that enrollment under Order No. 2003-017- DWQ is conditional and, should new information come to our attention that indicates a water quality problem, the San Diego Water Board may issue individual waste discharge requirements at that time.

Except insofar as may be modified by any preceding conditions, all Certification actions are contingent, on (a) the discharge being limited to, and all proposed mitigation being completed in strict compliance with, the Applicants' Project description and/or the description of the approved Project in this Certification, and (b) compliance with all applicable requirements of the Basin Plan.

The Tesoro Extension of State Route 241 is not covered by this Certification and a change in the Project for purposes of accommodating the Tesoro Extension will require further evaluation by the San Diego Water Board.

I, David W. Gibson, Executive Officer, do hereby certify the forgoing is a full, true, and correct copy of Certification No. R9-2014-0144 issued on June 4, 2015.

Citizens that would like to take action can use the following resources:

Complaint to the Grand Jury: Grand Jury Complaint

Oral Communication July 26, 2017 Emergency Request to CUSD re: Tesoro High School