Will the TCA Learn?
By Dale Tyler

The Transportation Corridor Agency (TCA) suffered another major defeat this past Wednesday, February. 6, when the California Coastal Commission voted 8-2 not to approve the TCA's plans to extend their private toll road to connect with I-5 in northern San Diego County through San Onofre State Park. Many people were present at the meeting, with some estimates placing the number in excess of 2,000. While many were on the pro-tollroad side, the anti-tollroad side carried the day through better arguments and fewer misleading statements. The key question is whether the TCA will learn from this loss or not.

One of the things that struck me about the pro-tollroad arguments was the number of outright lies and deliberately deceptive statements used to try and prove their points. For example, the TCA claimed that nearly 1,200 properties would have to be taken to widen the I-5 if the toll road was not built. Yet, the OCTA and an independent study both showed that the number was approximately 100 in the worst case and that far fewer might actually be needed.

Another lie told by TCA representative Lance MacLean was that the TCA was putting up $100 million to fund the re-lease or purchase of San Onofre State Beach when the lease expires in approximately 10 years. However, under questioning by the Coastal Commission board, it was revealed that the prior lease cost $1, and there was no reason whatsoever to expect that the next renewal would be for any amount other than $1. So, the TCA claimed to be this altruistic organization spending the colossal amount of $100,000,000 when, in fact, they would likely have to spend only $1. Even MacLean, who is not the sharpest knife in the drawer, should know the difference. He probably thought the voters were too dumb to notice.

In any case, the TCA now has a choice: continue to try and bully and lie its way into building the currently planned road or come up with an alternative. The TCA claims “there are no other places to put a road in that area.” Maps I have seen from OCTA show a number of possible routes for new roadways in south Orange County. In fact, if one believes the TCA's ludicrous claim, then we better not grant any more permits to build houses, because one of the required elements for those permits is adequate roadways in the area.

One idea that has been supported in the NewsBlog and elsewhere is that we should extend the 241 from Oso to approximately Ortega Highway and then build the proposed Cow Camp Road extension to I-5 near CA-73/Avery Parkway. This extension is already being planned and needs to be completed to allow the proposed 14,000 homes in Rancho Mission Viejo access to I-5 and points north. If the 241 connects to that road, then the residents of south Orange County will also have a way to get to Riverside.

We have discussed this matter at length in past NewsBlog issues. (link here and here) However, the idea is easy to grasp with a simple thought experiment. Imagine yourself as a resident of Rancho Mission Viejo or southern Ladera or northern San Clemente. Now, think about the places you likely want to get to and ask yourself this question: which would be more useful, a road leading from Antonio and Ortega directly to the I-5 with no stoplights, or a road going south to I-5 at San Onofre? If one analyzes the most popular destinations likely to be needed by those people, it becomes immediately clear that the shorter route to I-5 serves more of their needs. This is what the TCA should remember when building the 241. A road that does not best serve the transportation needs of residents should not be granted special access through parks and other sensitive areas, although this is exactly what the 241, as proposed, would do. It is a poorly planned road that does not really serve the needs of the citizens of Orange County. I am glad it was defeated on that basis alone, not to mention the lying that went along with it.

There will be opposition to any roadways being built. I'm sure some people in Ladera and other areas near Ortega and Antonio Parkway will complain about a relatively large (eight lane) road passing near their property. We must do all we can to minimize the impact of such a large road on the environment and local residents. Perhaps we may even have to buy some houses that would be in the path of the new road. If the use of eminent domain is required, then it is important to remember that this is a purpose set out in the U.S. Constitution as embodied in the Takings clause of the Fifth Amendment and extended to the States in the 14th Amendment. Private properties may only be taken for a large public benefit. If properties must be taken, there have been proposals to modify state law to make sure that the property owners receive more than just the actual monetary cost of their property, but also an amount to compensate them for the sacrifice they are making for their community. Hopefully, this would lessen the resistance by those most affected and allow the project to move forward quickly.

The TCA needs to work with OCTA and Caltrans to plan and build Cow Camp as soon as possible. They should give the OCTA a large sum to help enable construction of Cow Camp, since the TCA will benefit from its construction. At the same time, the TCA can begin the work to extend the 241 only to Cow Camp and thus provide a much better transportation improvement than the full extension of the 241 to I-5 at a much lower cost to TCA and the environment.

Widen the Search for Supervisors
Letter to the editor

Since the Orange County Supervisors have voted to search nationwide for a sheriff, how will the outcome compare with such highly qualified applicants residing locally? The residents of Orange County would be well served by someone who already lives here and knows the area.

If a nationwide search is such a good idea, perhaps the voters of Orange County should take note. Can we do a nationwide search to find county supervisors who would do the best job of representing us?

Bill Cruse
Mission Viejo

Letter to CUSD Trustees
How will debt obligation be paid?

Dear Board President Darnold, Vice President Bryson and Trustees Addonizio, Benecke, Christensen, Draper and Stiff:

The CUSD community has been repeatedly assured by several Trustees and CUSD staff members that funding of a stadium and pool at San Juan Hills High School (SJHHS) would not impact the General Fund. 

However, as I pointed out at the January board meeting during Oral Communications, CFO Sherry Hahn has stated that should the funds from Ladera Ranch Mello-Roos CFD 98-2 no longer be available, the General Fund may be tapped as a potential source of revenue to pay the debt obligation on the administration building. According to the CFO, the COP (loan) on the administration building has been paid out of the Ladera Ranch Mello-Roos CFD fund 98-2, as well as from the Talega CFD. Based on the CFO's financial presentations, the Talega Mello-Roos funds are earmarked for improvements to San Clemente schools and are no longer available. As a result, the Ladera Mello-Roos fund (CFD 98-2) appears to be the only other source (besides the General Fund) from which to pay the debt obligation. 

As the board and CUSD staff members have publicly stated that the funding of these ancillary facilities at SJHHS would in no way impact the General Fund, I asked the board from where, then, would the money come to pay the debt obligation on the administration building, if the Ladera Mello-Roos money was spent instead on SJHHS. To date, I have not received an answer. 

In light of the district's $28-million budget deficit and the resulting cuts that will directly impact the classroom, this is an issue of particular concern.

I presume that the board has identified another source of revenue to pay the debt obligation; therefore, I would appreciate the board's answer to the following questions:

• From what revenue source will the administration building debt obligation (COP) be paid?
• How will improvements at other schools in Ladera Ranch, as identified in the Needs Assessment survey, be funded if the balance of CFD 98-2 is spent instead at SJHHS? The schools with identified needs in Ladera Ranch based on the district's survey are: Oso Grande, Chapparral, Ladera Ranch MS and Ladera Ranch ES. In addition, some Ladera Ranch students are boundaried to Capo Valley High School, which, if I read the Mello-Roos definition correctly, would mean that CVHS would also be entitled to some of the Ladera Mello-Roos money.

If you review the needs at those schools, you will note that some have very basic safety and overcrowding issues that must be addressed. 

I appreciate your review of this situation and look forward to your response. 

Kim Lefner
CUSD parent

CUSD Update
Editorial Staff

The Capo district might appear to have an accounting system whereby it never runs out of money – on paper, that is. It counts money it doesn’t have and spends the same money over and over again.

The sale of two real estate parcels fell through in 2007 after the district attempted to raise cash by selling unused property. When both deals fell out of escrow, the district put the nonexistent millions of dollars into the plus column. Additionally, the district recently confiscated PTA funds and froze a portion of them. The point of this shell game is to create an illusion the district is continuing to meet a minimum state requirement of maintaining 2 percent reserves.

If not for the pumped-up balance of failed real estate deals and PTA money added to reserves, CUSD would be in jeopardy of a state takeover. Maybe “jeopardy” isn’t the correct term when district officials can’t do the math. Some people question if a state takeover would be better or worse than having incompetents cook the books.

The effort to recall Trustees Marlene Draper and Sheila Benecke will probably end up on the ballot. Instead of trying to look like responsible trustees who deserve to keep their seats, Draper and Benecke are hooked on spending. While Supt. Woodrow Carter is holding town-hall meetings to discuss cutting costs, Draper and Benecke continue pushing unnecessary multimillion-dollar projects.

With the state’s financial problems, Carter in his town hall meetings has someone new to blame. Voters will have an opportunity – either with a special recall election this spring or in the November election – to decide whether many years of deteriorating facilities can be blamed on anyone but CUSD decision makers.

One of the showdowns about spending will likely occur at the school board meeting on Mon., Feb. 11. As usual, administrators have placed sensitive items last on the agenda. Following Item No. 35, attendance boundaries, the trustees are scheduled to continue their tug-of-war over amenities at San Juan Hills High School. If anyone can stay until the wee hours, perhaps they’ll hear the board identify the source of money for such things as a synthetic track, bleachers and a concession building at the new high school.

The three reform candidates have consistently voted against pouring more of CUSD’s dwindling funds into the new $150-million high school. If Trustee Duane Stiff will take a stand for fiscal responsibility, he could stop the overspending with a 4-3 vote on Monday night. The district is facing loan payments on the new administration building, which will apparently be paid with Ladera Mello-Roos funds. The projects at the new high school will allegedly be paid with the same money, and the district can’t have it both ways. Parents who have followed the growing financial crisis say the General Fund will be tapped, taking directly from funding for classrooms.

A discussion of Carter’s contract is also on the agenda Monday night. He has sided with the Fleming-era trustees when he’s had a clear choice of supporting reform or continuing in Fleming’s footsteps. At least Carter is demonstrating his math prowess of counting four votes.

The Buzz column, Feb. 8

Mission Viejo residents who attended the Feb. 6 Coastal Commission meeting regarding the proposed 241 extension included longtime community activists. One who opposes the extension said, “Fighting the toll road is similar to fighting the El Toro commercial airport.” Outsiders, the big money, developers, contractors and politicians are lined up against the residents who want a better plan.

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The Ranch Plan with 14,000 homes is predicated on roads being built to accommodate its traffic. Even if the TCA’s appeal of the Coastal Commission’s decision is successful, completion of the 241 could be delayed for years. Consider also that the Capo school district’s $150-million showcase high school, San Juan Hills High School, is supposed to serve students from The Ranch. With the housing market in a slump and no developer fees or Mello-Roos money on the horizon, why is a nearly bankrupt school district still discussing more frills at SJHHS at this time?

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Former CUSD administrators James Fleming and Susan McGill were in court Feb. 8 when Orange County Superior Court Judge Carla Singer set the date for their felony trial. Pre-trial motions will be heard April 18, and a jury trial will begin April 28. The two defendants were indicted by a grand jury over the alleged creation of an enemies list. The list includes parents who led the 2005 effort to recall all seven CUSD trustees. Some of the parents’ children were also on the list. Fleming is charged with misappropriation of public funds, use of school funds to defeat a ballot measure or candidate and conspiracy. McGill is charged with perjury and conspiracy.

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Reader comment: “I drove from one end to the other of the retail area at La Paz and Marguerite, on the north and south sides of La Paz. The whining about the condition of the buildings is groundless, and almost no spaces are vacant. I saw one building that is due for painting, but that’s routine maintenance. I did see an enormous amount of trash on city property, including the entire length La Paz Road along the street and curbs. Instead of obsessing about private property, the city and its two or three constant critics should take a look at the litter along streets and on city property, which is very noticeable.”

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After the Berkeley City Council’s recent attempt to oust a Marine Corps recruiting station, the San Juan Capistrano council took action. SJC Councilman Tom Hribar is drafting a resolution inviting the Marine Corps to come on down to San Juan Capistrano. Hribar was quoted in the SJC Dispatch, “I personally would welcome a Marine Corps recruiting station in my town.” As the next step, the full SJC council will consider Hribar’s resolution.