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City seeking community’s support in defeating a bill that could bring more traffic to Mission Viejo

Traffic

The City of Mission Viejo is asking residents to help stop the passage of a State bill that could bring major traffic onto City residential streets and interfere with our region’s ability to assert local control over traffic management.
 
Authored by Senator Patricia Bates and Assemblyman Bill Brough, Senate Bill 1373 would delete from the State Highway System the stretch of State Route 241 from State Route 5 south of the City of San Clemente to Oso Parkway east of the City of Mission Viejo.    This would likely result in more traffic ending up on our residential and main streets.  The bill could prohibit action by future transportation and regional decision-makers who may want to consider south Orange County mobility solutions years from now as population grows and traffic congestion increases.
 
The Transportation Corridor Agencies (TCA) – which oversees Orange County’s toll roads, SR 73, 133, 241 and 261, – announced in March it was no longer considering extending SR 241 through San Clemente.  TCA’s Board of Directors voted unanimously to advance a single-build alternative (Alternative 22), the Los Patrones Parkway Untolled Extension (LPPE) from the current end of the 241 Toll Road south to La Pata. 
 
TCA, in collaboration with its regional transportation partners, the Orange County Transportation Authority and Caltrans, worked in good faith to find a mutually agreeable solution for the region. This effort took into consideration more than four years of stakeholder input, including that of our community and representatives of the City of San Clemente.  The process to define mobility solutions was a success and has developed as a fair solution, which is why SB 1373 is unnecessary and may serve to undermine the goodwill and trust that was established during this collaborative process.  This multi-agency effort demonstrates that local issues are best resolved by the local jurisdictions and that outside interference and State legislation is not necessary or productive.  
 
SB 1373 could potentially restrict TCA’s ability to fund the LPPE, which is widely supported, and much needed to help ease regional traffic. If TCA is unable to participate in the funding, the project could be significantly delayed and would further impact limited transportation dollars at the State and County levels.  The direct effect on Mission Viejo will be more traffic cutting through our City to reach the freeway and areas to our south.
 
The legislation also supersedes and interferes with transportation decisions that have been made and will be funded at our local level. 
 
At a time when the State is facing unprecedented challenges together with a $54 billion budget gap, SB 1373 could further impact scarce public monies. This could unnecessarily use up State resources through the ongoing lawsuit of the City of San Clemente against California and several other agencies, including TCA.
 
SB 1373 is not only unnecessary, it’s harmful to Mission Viejo and our region. Residents are urged to contact Senator Bates to voice their opposition to SB 1373!  Contact Senator Bates at senator.bates@senate.ca.gov or 916-651-4036.  You can also contact other senators listed at this link

Comments

Submitted by Doug Pugh on Fri, 06/12/2020 - 2:21 pm

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I am opposed to the passage of your Senate Bill 1373. The local jurisdictions and agencies have been working together just fine to find the optimum through traffic solution for southeast Orange County. Please drop this bill and allow the agencies involved to come up with a workable solution!

Submitted by Denny Carlisle on Fri, 06/12/2020 - 4:35 pm

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I am opposed to your Senate Bill 1373. As a resident of Mission Viejo I do not wish to increase the traffic flow on our city streets.

Submitted by Carolyn Kruebbe on Fri, 06/12/2020 - 4:51 pm

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As a MV resident who lives just off of Oso Pkwy (which Los Patrones feeds), I appreciate your making me aware. Have sent the e-mail as requested.

Submitted by gary disney on Fri, 06/12/2020 - 4:52 pm

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I strongly oppose SB bill 1373. the lgilature needs to work on fixing issues that a broken, not interfere in processes that are working fine and are don on the local level.

gary Disney

Submitted by Matt on Fri, 06/12/2020 - 6:29 pm

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Thank you for raising this issue. Is there a reason Senator Bates believes extending CA-241 to the I-5 would be a benefit? As a Toll Road, I wouldn’t foresee it becoming a thoroughfare for non-local residents. If local residents are generally against this as you suggest, it seems like the only real ones benefiting is the Toll Roads.

Submitted by Clarisse Q on Fri, 06/12/2020 - 8:20 pm

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I am opposed to this article. This smacks of a propaganda item that was placed in the city news to alarm residents without providing meaningful data for Mission Viejo residents to consider.

The 241 might "end" at Oso Parkway, but the road actually continues south as Los Patrones Highway, almost to Ortega Hwy, far beyond the borders of Mission Viejo.

Just look at a map of Alternative 22, and the current map of the roads.

Scaring residents to vote against officially scrapping the already cancelled toll road extension keeps the option alive to cause further environmental impact through the unincorporated parts of South County between Coto and Rancho Mission Viejo, and through the northern part of San Clemente.

Perhaps developers looking to build out and sell more homes in Rancho Mission Viejo are the ones who want to encourage the toll road extension?

I encourage the city to provide a more meaningful impact analysis about this issue, instead of the heavily skewed fear mongering message being communicated.

Submitted by MV Resident an… on Fri, 06/12/2020 - 8:30 pm

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I am opposed to this article. This smacks of a propaganda item that was placed in the city news to alarm residents without providing meaningful data for Mission Viejo residents to consider.

The 241 might "end" at Oso Parkway, but the road actually continues south as Los Patrones Highway, almost to Ortega Hwy, far beyond the borders of Mission Viejo.

Just look at a map of Alternative 22, and the current map of the roads.

Scaring residents to vote against officially scrapping the already cancelled toll road extension keeps the option alive to cause further environmental impact through the unincorporated parts of South County between Coto and Rancho Mission Viejo, and through the northern part of San Clemente.

Perhaps developers looking to build out and sell more homes in Rancho Mission Viejo are the ones who want to encourage the toll road extension?

I encourage the city to provide a more meaningful impact analysis about this issue, instead of the heavily skewed fear mongering message being communicated.

Submitted by Lp on Fri, 06/12/2020 - 10:08 pm

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This article makes no sense to me or to probably many of the city residents. Give us the facts. Not the political BS. it is as clear as your ridiculous swimming pool reopening program sent out earlier today. Please drop the Excessive conservatism and doublespeak and open yourselves to clarity. We can do better than this and ACTUALLY be MV STRONG.

Submitted by MV Resident on Fri, 06/12/2020 - 10:39 pm

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I am opposed to your Senate Bill 1373. As a resident of Mission Viejo I do not wish to increase the traffic flow on our city streets.

Submitted by TR on Sat, 06/13/2020 - 6:58 am

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To the previous commenter MV Resident - the 241 might continue as Patrones Parkway almost to the Ortega Hwy, but the obvious shorter route if one were trying to get to either the 5 or any kind of population would be to go on Oso.

I sent email to Sen Bates. SB 1373 soulds like a real clumsy kludge of a solution to the Save Trestles issue. An extension to the 5 needs to be made while still preserving open space and safeguarding native wildlife. With this bill, I wonder if the far future will see Oso be made into a highway...

Submitted by KM on Sun, 06/14/2020 - 6:58 am

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I am very much for this toll road! By adding this toll road it will DECREASE traffic throughout the area not increase. I’m tired of this city not investing in new toll roads, new busses for the poor and not increasing density in this great city that I’ve lived in for 20 years. We need to see a lot of mid level buildings 5 stories and up to fix the big lack of below market rentals for true affordability in this city. Build the toll road! It will benefit the city!

Submitted by Kathy Ward on Sun, 06/14/2020 - 1:13 pm

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I question why the City of Mission Viejo has these comments now. These are old comments made to anything that stopped the toll road from being extended, We are way past that now. The toll road no longer stops at Oso Parkway, but is extended with it's attachement to Los Patrones Parkway, which is a free arterial. Every city in TCA just recently voted to end their study of extending the toll road in favor of another extension to Los Patrones Parkway. Residents will be able to travel beyond Mission Viejo all the way to San Clemente. This solution has cities' support and residents' suport, also. Senator Bate's Bill SB1373 settles this argument that has paralyzed true regional solutions for years. Telling Mission Viejo residents this solution will harm them is only meant to inflame and it doesn't reflect what the facts are. Extendng Los Patrones again will provide real benefit to South County and it had full support of the toll road board. It was said this is the only solution South County needs for decades to come. Residents want regional solutions, not more toll roads. We have found a solution that won't charge residents any more tolls or taxes. Why is Mission Viejo against this now?

Submitted by michelle schumacher on Sun, 06/14/2020 - 3:47 pm

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I FULLY SUPPORT SB 1273 - why is the City of Mission Viejo pretending the traffic studies show the 241 toll road extension provides any benefit whatsoever? What traffic studies are you basing this ridiculous article and non sense on? THe TCA's own studies show there is marginal if any benefit to extending the 241, the TCA board unanimously voted in March not to extend the toll road. It is wrong that you are being such a bad neighbor to communities next door - if you are so in love with the TCA taking tax payers for a ride put it over your house and kids schools.

Submitted by Larry Ryan on Mon, 06/15/2020 - 8:07 am

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As a long term resident of south Orange County I am against Senate Bill 1373. There is far too much cut through traffic using Mission Viejo City streets as a means to get to the 5 Frwy and head south. Lets build the Toll Road to ease traffic and congestion.

Submitted by Dawn Urbanek on Mon, 06/15/2020 - 8:45 am

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I support Senate Bill 1373 for the following reason: The Foothill/Eastern Transportation Corridor Agency (TCA) has been denied a wastewater discharge permit to build the Tesoro Extension of SR-241 from Oso Parkway to the Orange/ San Diego county line 5 times since 2006, by multiple entities (San Diego Water Board, The California Coastal Commission and the United States Secretary of Commerce) stating that:

"... impacts would be permanent, irreversible, and, for the most part, unmitigable".

"No other alternative alignment poses the threat of unmitigable and irrevocable impacts of such magnitude".

Upon final denial; it appears that the TCA/Caltrans, The County of Orange, Rancho Mission Viejo and the San Diego Water Board have worked in concert to allow the use the 401 Wastewater Certification No. R9-2014-0144 granted to Rancho Mission Viejo for "F" Street, to build the Tesoro Extension of SR-241 that was denied permits. On the Permit, "F" Street is designated as a new County of Orange arterial road that extends approximately 5.5 miles from Cow Camp Road to Oso Parkway, terminating at the Oso Parkway Bridge in alignment with the on and off ramps for the terminus of SR-241 Toll Road at the Oso Bridge.

The "original "F" Street was identified as a Rual County Road (a collector road) that was suppose to provide a second entrance and exit to Tesoro High School by connecting Cow Camp Road to Tesoro Creek Road (the driveway for Tesoro High School that terminates at Oso Parkway ) approximately 800' to the west of the Terminus of SR-241 Toll Road.

In order to use 401 Wastewater Certification No. R9-2014-0144 granted to Rancho Mission Viejo for "F" Street as a collector road, RMV had to ammend the alignment of "F" Street and change its designation to a County of Orange Arterial Road.

A change in the alignment of "F" Street required that Rancho Mission Viejo get permission from both the United States Department of the Interior, Fish and Wildlife and the US Army Corps of Engineers in order to get a "minoir amendment" to the Orange County Southern Subregion Habitat Conservation Plan for the F Street Project, Orange County California.

It appears that Rancho Mission Viejo made material mis-statements of facts to the United States Department of the Interior, Fish and Wildlife to get the approval of a 10% a shift in the alignment of "F" Street. The alignment of "modified" "F" Street was shifted approximately 800' east so that the on and off ramps of "modified" "F" Street would line up with the on and off ramps of the SR- 241 Toll Road terminus at Oso Parkway.

There is no valid NEPA or CEQA for "Modified "F" Street (a 5.5 mile segment of Tesoro Extension of SR-241 from Oso Parkway to Cow Camp road).

TCA/Caltrans should be denied any construction of a Toll Road south of the Oso Bridge without opening a new environmental review with Caltrans as the lead agency for NEPA.

There is no valid EIR for Tesoro High School. As such, all noise, air, and pollution studies are invalid because the 10% shift in the alignment of the Tesoro Extension of SR-241 is approximately 800' closer to Tesoro High School. New health risk studies must be done to determine if the construction and completion of a toll road with truck climbing lanes less than 500' from a school will cause long term, irreparable health and safety implications for students and staff at Tesoro High School.

Chiquita Canyon is a regionally significant wildlife corridor. If the Toll Road is allowed to be constructed, it will permanently eliminate much or all of the remaining corridor value, and may threaten many rare and endangered species and their habitat. Chiquita Canyon is a rare Alkali Riparian Marsh (1 of 8 in the state of California) New noise, air, pollution, water and soil studies should be conducted in order to determine what mitigations will be needed to protect wildlife corridors, sensitive plant and animal species, and ensure water quality for the region.

If you would like to read the full supporting documentation of this comment go to CUSDWatch Dot Com and type in Public Scoping Comment Part 1

Submitted by Cathy Schlicht on Mon, 06/15/2020 - 3:16 pm

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Trust by Verify - here is the copy of the Senate Bill. What agreement was gutted? It memorializes into law the vote of the TCA. Maybe the TCA had no intention of maintaining its vote? It was the TCA itself that announced it was no longer considering extending the toll road through San Clemente.

If drivers are turning onto Oso where the Toll Road begins, maybe reducing the toll road fees will encourage drivers to use the toll road instead of using Oso to reach the 5 "freeway".

In the City's hit piece, there was no mention of Measure M2 funds.

AMENDED IN SENATE MAY 19, 2020
AMENDED IN SENATE APRIL 17, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

SENATE BILLNO. 1373

Introduced by Senator Bates
(Principal coauthor: Assembly Member Brough)

As Amends the Law Today

SECTION 1. Section 541 of the Streets and Highways Code is amended to read:

541. Route 241 is from Route 5 south of San Clemente Oso Parkway east of the City of Mission Viejo to Route 91 in the City of Anaheim.

Submitted by Philippe on Tue, 06/16/2020 - 10:54 am

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You all know that your comments here won't get to Senator Bates? You have to use the email address supplied in the article to communicate your opposition to her bill.
Here is my email to her:
"Hello Senator Bates,
I'm categorically opposed to toll roads in California, but we need to reduce the traffic on our internal thoroughfares.  Allowing the LPPA extension of 241 will help draw off traffic internal to Mission Viejo, and reduce the number of accidents at some of our more dangerous intersections.  I'm lucid enough to know that any roadway construction will lead to more housing construction, so it may be a "wash" in the long run.  But MV has suffered from the construction of neighboring cities (Ladera Ranch, Rancho Santa Margarita, Foothill Ranch) and the ensuing traffic transiting to the 5 Freeway.  Finalizing the LPPA extension could help draw off that transiting traffic.
Thus, I'm opposed to SB 1373 making the LPPA extension compromise funding difficult, if not impossible.
Thank-you for your attention,"

Submitted by Anthony & Joyce Elia on Tue, 06/16/2020 - 1:34 pm

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TCA has no authority except for its legal mandate to oversee OC toll roads. TCA has demonstrated very poor fiscal management (periodic refinancing of debt) together with wildly optimistic traffic projections which have proven to be overstated.

OCTA and CALTRANS should know that OC's population due to housing, taxes and other costs is reaching its maximum density, similar to NYC's experience between 1975 and 1990. Demographics indicate either no growth or a decrease in population in and traffic in OC over the next 20 years.

Safety considerations make It imperative that our current road and bridge system be repaired and replaced as necessary within the next five years. Poor roads can cost commuters hundreds of dollars and extra repairs each year.

There should be NO new bond issues as current and future taxpayers may expect to earn less discretionary and gross income.

Submitted by Cathy Schlicht on Tue, 06/16/2020 - 2:10 pm

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June 16, 2020

Dear Honorable Senators:

My name is Cathy Schlicht, former Mayor for the City of Mission Viejo.

On June 12, 2020 the City of Mission Viejo posted a very biased and misleading Press Release, seeking community support to defeat Senate Bill 1373.

Senator Pat Bates is a well-respected and trusted public official both in Sacramento and in her district.

Both Senator Pat Bates and Assemblyman Bill Brough are aware of the exploitations or mismanagement or profiteering occurring within the TCA.

The TCA has been in business for over 30 years and is buried in debt. In its June 29, 2015 Report, the Orange County Grand Jury concluded that the TCA's debt was excessive.

Some of the many local, county, state and federal elected officials who agree that there are not any viable options for a toll road that does not negatively impact South Orange county communities include the School Board Members of the Capistrano Unified School District, Assemblyman Bill Brough, State Senator Pat Bates, and Congressmen Darrell Issa and Mike Levin.

Since the removal of the non-compete clause, numerous roadways that parallel the 5 freeway or offer freeway connections, have been built and or expanded such as Antonio Parkway, La Pata and Vista Hermosa.

Cow Camp Road will soon be under construction and Los Patrones Parkway that connects to the 241 Toll Road is now open.

We have experienced positive traffic flow with the improvements made to the arterial road systems.

The 5 freeway currently is in process of a major rebuild in South Orange County.

Fiscal mismanagement has created a barrier for the TCA to complete his mission which was to go out of business once the bonds were paid off. The TCA has restructured its debt, lowered its debt payments, added debt, and extended the time required for drivers to pay tolls until at least 2053, and yet have not built a single mile in over 20 years.

Paying tolls and definitely is not a public benefit; the TCA is a bureaucracy for the benefit of bureaucracy. This is an agency that is in business to support its consultants and highly paid lobbyists.

What tricks are the TCA up to now? Senate Bill 1373 is simply memorializing into law the vote taken by the TCA to no longer consider extending the toll road through San Clemente. Was the TCA vote just a meaningless show vote?

Please vote YES on Senate Bill 1373.

Sincerely,

Cathy Schlicht

Submitted by Cathy Schlicht on Wed, 06/17/2020 - 4:24 pm

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Dear Honorable Senators.

I want, again, to encourage you to vote Yes on Senator Pat Bates Senate Bill 1373.

Below is a copy of the June 12, 2020 Press Release created by the City of Mission Viejo, seeking residents to oppose SB 1373. Not only does the Press Release lack clarity, it is all based on hyperbole. Shame on the City for abusing its position of power and trust by using appeals based on emotion.

The City of Mission Viejo continues to use smoke and mirrors, from here at home to Sacramento, to disguise its agenda. In the City's lament against the Bill, it fails to note that the voters extended a transportation tax known as Measure M2.

South Orange County is experiencing positive traffic flow with the numerous arterials that have been built or expanded with the removal or expiration of the non-compete clauses from the TCA founding documents.

The 5 freeway is currently in the process of a major rebuild.

What tricks are the TCA up to now? Why does the TCA oppose a bill that is memorializing its vote? The TCA voted NOT to extend the toll road through the City of San Clemente after a very public and long scoping process.

Motorists have little influence over the management and price of the tolls, so please Vote Yes on Senate Bill 1373, in support of the public who responded in the scoping process that eliminated the toll road going through San Clemente.

The TCA, a JPA, has taken too much power away from our elected officials. Please reign them in and hold this organization accountable.

Sincerely,

Cathy Schlicht
former Mayor for the City of Mission Viejo.

Submitted by Cathy Schlicht on Thu, 07/09/2020 - 9:36 am

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FOR IMMEDIATE RELEASE
CONTACT: Brent Finkel
July 9, 2020
916-319-2073

Assemblyman Brough Requests State Audit of Orange County Toll Road Agency

Audit package to review TCA and EDD

Sacramento - Assemblyman Bill Brough has re-issued a letter to request an audit of TCA by the California State Auditor over continued concerns regarding financial inconsistencies and the use of public dollars.

The Grand Jury investigation of the OC Toll Road Agency confirms what Brough has been saying the last 3 years and is part of an ongoing audit package by the Assemblyman to hold state and local government agencies responsible for a mismanagement of public dollars, a lack of transparency and to demand accountability.

“I was interviewed by the Grand Jury last September and could not talk about the investigation. Because of my legislation, AB 1273, to stop toll road planning efforts, I was the subject of personal attacks by toll road proponents that cost me my job. Now, the Grand Jury came to a number of findings, but the main one is they should pay down their debt and sunset operations,” said Brough.

Given the Grand Jury investigation, the July 1st letter by Assemblyman Bill Brough seeks the California Joint Legislative Audit Committee’s approval of an audit of Orange County’s Transportation Corridor Agency and follows prior requests for external audits by Congressman Levin (CD49) and Assemblywoman Petrie-Norris (AD72) that have been left idle.

The investigation into the Transportation Corridor Agencies found that the toll road operators have continued to place themselves in future road planning efforts outside of their legislative purview. The report, similar to a Grand Jury report from 2015, raises questions on whether public funds are being spent responsibly and whether the TCA’s actions are transparent. Additionally the report states, “The Grand Jury knows of one case where a TCA [Board of Director] member acted favorably on a TCA contract with a firm where he/she had a personal or political interest.” The report goes as far to “recommend a Fair Political Practices Commission investigation of TCA lobbying, financial dealings, and advocacy activities.”

“The findings, while already being dismissed by TCA, of the Grand Jury investigation are the same concerns I have spoken about for years. I am concerned about the tax burden the Toll Road Agency is forcing upon business owners and homeowners with no true end-date in sight,” said Brough. Continuing, “Prudent fiscal discipline and transparency should be the core of each public agency. I want taxpayers to know that I will continue to fight for good government and to protect your tax dollars.”

As TCA admits, the Orange County Grand Jury investigation unfortunately had to conclude early due to coronavirus concerns which is noted in the Grand Jury report’s preface. Because of the early conclusion and the troubling findings of the Grand Jury report, a complete audit of the TCA is needed.

The TCA audit is in addition to an audit of California's Employment Development Department (EDD) following months of frustrating delays for hundreds of thousands of people waiting for unemployment checks.

Assemblyman Brough’s requests will be considered by the JLAC at their upcoming hearing on August 11.

###

Assemblyman William P. Brough represents the 73rd Assembly District in the California Legislature, which includes the communities of Aliso Viejo, Coto de Caza, Dana Point, Ladera Ranch, Laguna Hills, Laguna Niguel, Las Flores, Mission Viejo, Rancho Santa Margarita, Rancho Mission Viejo, San Clemente, San Juan Capistrano, and Trabuco Canyon.

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