Toll Road Hearing Report
by Dale Tyler

I attended and spoke at the Sept. 22, 2008, hearing on the 241 toll road extension held at Del Mar Fairgrounds in San Diego County. When I arrived at about 2:30 p.m., there appeared to be around 1,200 people in attendance. All of the elected officials had already made their speeches, including 18 representatives of the TCA.

Within each group (elected officials, representatives of organizations and the general public) the order of the speakers was chosen by random lot. I heard a mixture of speakers who supported the toll road extension and those who were against the extension. Among the organizational speakers, there were two anti-toll road speakers for every one speaking for the pro-toll road side. When the individuals started speaking around 6:45 p.m., the ratio became even more lopsided, with four or five against the toll road vs. one for the road.

I was the third to last organizational speaker (No. 132). The text of my speech is shown below. Although the toll road proponents seemed as though they were given “talking points” with little to no originality, the anti-toll road speakers presented a wide array of interesting arguments, including the encroachment on Native American lands, the ineffectiveness of the endangered species mitigation and the permissible reasons that the Coastal Commission's ruling might be overturned. The last was especially interesting, as it seems like none of the appeal criteria could be met. For example, it seems unlikely that the extension of the 241 could be considered a matter of national security. Likewise, the toll road extension is not the only alternative for improving mobility in southern Orange County.

Overall, it seemed to me that the anti-toll road speakers carried the day. The Secretary of Commerce will decide whether or not to overturn the Coastal Commission's denial of the TCA's proposal to extend the 241 sometime early next year.

Full text of my speech:

Good evening. I want to thank the Secretary of Commerce and NOAA for holding this hearing and for giving careful consideration to the various views expressed here today.

My name is Dale Tyler, and I represent Drivers for Highway Safety, a group of engineers who have been involved in Orange County transportation issues for nearly 20 years. DHS members are on a number of OCTA working groups and are quite aware of the long-range transportation planning being done for the southern portion of Orange County. Of particular interest is the planning being done to build a new east-west connector (called Cow Camp Road) from the area of the 14,000 approved homes in Rancho Mission Viejo westward to the I-5. This new roadway is the critical piece of infrastructure needed to reduce congestion in inland Orange County and will provide an alternate connection to the 241 from the I-5.

We have studied the issues surrounding the extension of the 241 South and feel that while there is some merit in extending the 241 to Ortega Highway, that extension should not continue to the I-5. The reasons for this position are a combination of technical and economic factors.

Let's take the technical issue first. The portion of the 241 extending from Ortega/Cow Camp to the I-5 at San Onofre (known as 241 Far South) is likely to be very lightly used, especially compared to the I-5 and the northern portion of the 241. The vast majority of trips on limited access highways, especially toll roads, are longer trips, so we will focus on those.

First, take the case of Northbound I-5 traffic from San Diego County. While a few drivers want to travel to inland Orange County, most want to go to Irvine and destinations further north. Virtually no one will use I-5/241 to get to Riverside, as the I-15 is a more direct route.

Next consider the likely work destinations of the residents of southern Ladera Ranch, Rancho Mission Viejo and northern San Juan Capistrano. Trip endpoint studies and maps show that a small minority of these residents will want to go south into San Diego County. The vast majority will travel north to their jobs, with most jobs located near the I-5/I-405 in central Orange County and Los Angeles County. Some will work in Lake Forest and other inland portions of Orange County, and these trips will be served by the 241 north of Ortega/Cow Camp.

Finally, consider the relatively low number of trips going south to San Diego on the 241 from inland Orange County. Instead of taking the 241 Far South extension to I-5, they would use Ortega/Cow Camp road to connect to I-5 and then travel south.

From these examples, it is easy to see that the 241 Far South extension is barely useful from a transportation point of view. It does little to satisfy the critical needs of commuters. What little transportation work it does accomplish can be done just as well by the planned extension of La Pata and other North-South arterials in San Clemente and San Juan Capistrano.

There are also economic problems associated with extending the 241 to the I-5.

The worst of these revolves around the non-compete agreement between Caltrans and the TCA. We all remember the debacle caused by the CA-91 toll lanes' non-compete agreement. Traffic literally ground to a halt on the non-toll portions of CA-91 that paralleled the toll lanes because the non-compete agreement prohibited any improvements that would take traffic away from the toll lanes. The situation got so bad that the OCTA was forced to buy the toll lanes at a cost of $200 million, giving the developer a nearly $100-million profit. The same situation would occur here. By preventing the widening of the I-5 as planned, the 241 will actually worsen traffic to such a degree that OCTA will have to pay the TCA millions of dollars to do what it could have done at no extra cost if the 241 extension was not built.

The second problem is the promise that the 241 would become the property of the people of California when the bonds used to finance the toll road's construction were paid off in 2041. Allowing the extension of the 241, especially the expensive-to-build and lightly used 241 Far South extension will place this promise in jeopardy. The TCA might be able to gain enough increased traffic on the section north of Ortega to offset its construction costs by 2041, but if the 241 Far South costs are added in, there is no way for them to fulfill their promise.

We urge you deny the TCA's appeal.

Thank you.

City Council Campaign Update, Sept 27
Editorial staff

Activists gathering signatures at storefronts for the Mission Viejo Right-To-Vote Initiative have been polling residents about the Nov. 4 city council race. With two council seats are up for election, Councilman Frank Ury, who was first elected in 2004, is the only incumbent in the race. The other seat has been held by Councilwoman Gail Reavis since 2000, and she’s not running for reelection.

If activists’ storefront polls are accurate, two council candidates are in for a surprise in the Nov. 4 election. First, incumbent Councilman Frank Ury is going to be surprised at how unpopular he is. Second, challenger Cathy Schlicht is going to be surprised with her popularity. Schlicht recently told her supporters that she didn’t expect she would win when she decided to run nearly a year ago.

Ury’s total might be low enough to enable both Schlicht and Neil Lonsinger to win, but the order isn’t yet predictable. In addition to Ury, Schlicht and Lonsinger, others in the council race are Judy Rackauckas, Michael Williams and Richard Atkinson.

Polling at storefronts consistently finds that the city council is unpopular among residents. The most disliked council member is either Frank Ury or Lance MacLean, as both draw only negative comments.

Ury has earned the ire of residents, especially those who live near the power lines in north Mission Viejo. Ury’s 2004 campaign centerpiece was “forcing Edison to bury its lines.” Ury forgot about the power lines the day after he was elected, but many people mention his broken promise. As a councilman, he’s ignored residents’ outcry against cell towers in neighborhoods and parks. Residents also criticize his support of more housing in such areas as the Casta golf course, the retail center at La Paz and Marguerite and the Unisys property on Jeronimo near Los Alisos.

MacLean would be finished if he were up for reelection this year. Activists talk about recalling him, but no specific plan has emerged. Council challenger Richard Atkinson has the support of both Ury and MacLean, which likely hurt more than help his chances.

The momentum during the past week was with Lonsinger and Schlicht, whose supporters combined to campaign at all Back-To-School Nights for Capo and Saddleback Valley schools. Both Lonsinger and Schlicht were posting campaign signs by the end of the week.

Help Modjeska Ranch Animal Rescue

Mission Viejo activists have supported fundraising efforts at Modjeska Ranch Rescue for two years. Modjeska helped place animals from Hurricane Katrina, and then the shelter was in the path of the October Fires last year.

Blog readers can help the shelter raise funds in three easy ways:

1) Vote for Modjeska as best shelter. Go to the Website below and vote for Modjeska Ranch Rescue. A prize of $10,000 will be given to the winning shelter. Modjeska is listed under the city of Silverado, California.
http://www.care2.com/animalsheltercontest
A shelter in Texas has taken the lead with votes, and readers can help Modjeska catch up.

2) Shop for early sale bargains at The Shops at Mission Viejo. Spend an evening at The Shops on Nov. 23 from 5 p.m. to 8 p.m., getting the first chance to see the Thanksgiving Sale bargains and enjoying free food and refreshments. Tickets are $10, and a portion of that will go the Rescue. Ticket money will be turned in by mid-October, so don’t wait until the last minute. Call or email Russell Taylor now to get tickets. (949) 584-7289 or RTaylor@FineOCHomes.com

3) Ralphs will donate a portion of their customers’ grocery bills for those who sign up. (If anyone signed up before, Ralphs requires a new signup each year. Please do it again.) Go to Ralphs.com and sign up for the community contribution to be given to Modjeska Ranch Rescue. The NPO number is 83471, and you will need your Ralphs Club card. Go to “Community,” then “Community Contribution,” then “Participate.” 

Thanks to everyone for your continued support. Modjeska Ranch Rescue has found new homes for more than 5,000 cats and dogs and continues to care for adoptable and old/sick animals every day.

Parents Advocate League Update
by Julie Collier

Dear PALs,

I just wanted to give you a brief wrap-up of the Mon., Sept. 22, board meeting. The meeting got a bit disruptive and uncomfortable at times when emotions were running high regarding the posting of Blue Ribbon and CA Distinguished Schools signs. There were not too many speakers at the podium, but many people wanted to be heard from the audience. Several of the podium speakers made great points, but it was hard to hear over the shouting from the audience. Hopefully, the shouters will feel more confident at the next board meeting to fill out speaker cards and speak in turn. There was no vote involved in this agenda item; it was just a discussion item to inform the board/public what is involved with renewing the status of these awards. It was interesting to hear that the process was very involved and would prove difficult for teachers to do right now, given the reduced budget, decrease in staff and an increase in class size and duty. It would be great to hear more options for this in the future, such as: could parent volunteers assist in the paperwork in any way? Or could district workers do the paperwork during the summer on Fridays instead of taking the day off? You can read more in the article from the OC Register, Capo Distinguished Schools discussion dissolves into acrimony.

Item #9: New board policy voluntary drug testing in grades 7-12 was approved (6-1: Maddox voted no). Maddox believed this policy was allowing the district to assert itself into the role of the parent, and he questioned the confidentiality of it. You can read more in the Mission Viejo Dispatch article, Student Drug Testing Approved By CUSD.

There were only 10 items, and it was a brief meeting. The next board meeting will be Oct. 6 at 7 p.m. You can usually view the agenda items by Tuesday or Wednesday on the district Website. www.capousd.org

On another note, I will be sending out an email soon with introductions to PALs from every candidate running for the CUSD Board of Trustees in November. In addition, each candidate has agreed to answer weekly questions directly from PALs members. Every Monday by noon, you can visit
http://www.parentsadvocateleague.org
to view their responses. If you have a specific question to ask the candidates, please email julie@parentsadvocateleague.org

Here is another article you might find of interest.
San Juan high school 'waste' of public funds, complaint says

The Buzz column, Sept. 27

The Sept. 22 toll road hearing was a workday for many Orange County politicians. However, they weren’t working for their constituents. With very few exceptions, politicians were paying back toll-road lobbyists, developers and contractors who fund their campaigns and influence the Transportation Corridor Agency. The politician who was booed the most during pro-TCA speeches was Mission Viejo’s very own Lance MacLean.

***

Many politicians at the hearing, including all council members from Mission Viejo who made public comments, appeared to be reading a TCA script. They cited “overwhelming numbers in favor” of the proposed extension. Opponents of the proposed route referred to a different poll, which found that two-thirds of those polled are against the proposed route. The TCA and its developer backers probably could have had their extension approved by now if they hadn’t become greedy and tried to push it through a state park. Opponents of the route say the proposed extension won’t relieve traffic congestion as claimed, and it’s downright destructive to the environment.

***

Mission Viejo activist comment: “Despite some residents and their children involving themselves in decorating the Rose Parade float, most adults I hear from are pretty mad about it. The expense of $300,000 is one matter, and I’m envisioning how a gigantic tank of water will slosh along the parade route. With city hall’s tradition of manmade disasters, is Pasadena prepared for Mission Viejo’s water bomb?” Another activist sent an email: “The water feature was designed by fruitcakes, not engineers. They’re creating a tsunami on wheels.”

***

Reaction from a blog reader: “Is city hall not aware of Southern California’s water shortage? The city council has decided to show the world what Mission Viejo thinks of conservation. What about all those signs created by city employees that say ‘Be a Green Machine’?”

***

The Buzz is still checking allegations that council candidate Richard Atkinson falsely claimed he has the endorsement of the California Republican Assembly. One of his supporters said he may have merely misspoken. She claimed he may have meant to say he has the endorsement of the Lincoln Club. A witness disagrees, saying that Atkinson claimed it was the CRA. Atkinson’s Lincoln Club endorsement should be noted by anyone who lives near Unisys. A key person in the Lincoln Club owns the Unisys property, and he wants his parcel rezoned for apartments. The property owner has worked for more than two years toward buying a council majority, including the loyalty of Councilman Frank Ury. Voters beware: Dump Ury and reject Atkinson. Vote instead for Cathy Schlicht and Neil Lonsinger, who oppose housing development.

***

A complaint was filed on Sept. 15 with the Attorney General of California, stating that the Capo school district engaged in illegal gifting and wasted public funds with regard to the $150-million San Juan Hills High School in San Juan Capistrano. Mission Viejo resident and attorney Wayne Tate was among those preparing the complaint, which states that $6 million to $10 million in taxpayer dollars went toward improving the private property of developer Dennis Gage. Tate requested an investigation, and he sent copies of the complaint to CUSD Supt. Woodrow Carter and the board of trustees. More information can be found at www.thecapistranodispatch.com