CALIF AG LOCKYER SUES TO BLOCK FOOTHILL SOUTH
TOLLROADSnews
March 27, 2006
By Peter Samuel

California's Attorney General Bill Lockyer has filed suit in the state superior court to block the Foothill South tollroad extension and unleashed his rhetoric on the Foothill/Eastern toll agency (FETCA). The suit joined also by the State Park and Recreation Commission and environmental groups alleges that FETCA didn't adequately analyze alternatives to the alignment which was adopted, focussing mainly on its traverse of portion of San Onfre State Beach (SOSB).

SOSB is not a beach at all but an inland strip of undeveloped land along the edge of Camp Pendleton Marine Corps Base. The land is owned by the US Navy Department (of which the Marine Corps is a part) but since 1971 has been leased to the California Department of Parks and Recreation which has built walking trails and camp sites.

However under the lease agreement the US retains the right to grant easements for other uses. Planning for the Foothill South goes back 20 years and in 1988 the US Navy approved the tollroad alignment through the SOSB park area. The US Congress in 1999 authorized the granting of an easement for the tollroad (National Defense Authorization Act of 1999, Section 2581(a) Pub. Law 105-261). The alignment does not take any of the improvements built by the state park commission.

"State treasure" though not owned by state

However the Attorney-General describes the park as a "state treasure" and "the last coastal valley that is undeveloped south of Laguna Beach." He was quoted in the Los Angeles Times: "I hope these concerted actions will wash away the destructive arrogance of this toll road proposal. It's disgraceful, and we're going to fight it."

A Natural Resources Defense Council spokesman panned the project as a "poster child for bad transportation policy," adding: "This project makes no sense, economically, environmentally, spiritually, morally, legally, and it ought to be abandoned. So make no mistake, this is a project we intend to stop. We're drawing a line in the sand around San Onofre, because if we can't save this state park, if we can't prevent the TCA from paving over this coastal gem, then it's only a matter of time before a project just like it comes to a state park near you.''

FETCA in strong position

Despited all this opposition the toll authority appears to be in a strong position. The alignment has gone through an exhaustive selection process and full environmental permitting. It was unanimously adopted by federal agencies including USEPA, USACE, USFWS as the best available. It has local county and city support.

Lockyer longtime road-basher

The Attorney General in California is an elected official, independent of the governor and the state administration. Lockyer who has been AG since 1999 is a leftwing Democrat with a long record of noisily opposing roads and tolls.

TCA says just another delaying tactic

Ken Ryan, Chairman of the Foothill/Eastern Agency calls the AG/enviro suit "simply another delay tactic that avoids dealing with the number one issue facing Southern California today - traffic congestion."

In a statement he continued: "Foothill-South is a solution that will improve traffic without taking homes or businesses and is environmentally sensitive. This is from the same groups represented by the same lawyers who continue to oppose any transportation project designed to improve mobility. We will continue to work on getting the necessary state and federal permits, so that we can bring traffic relief to Orange County as soon as possible. It's unfortunate that significant financial resources will go to attorneys instead of toward improving mobility and enhancing the environment."

On other options he said: "Foothill-South is the only option that significantly reduces traffic without removing homes or business. Widening the I-5 freeway has been thoroughly studied and would take out 800 homes, 300 businesses, and eliminate 5,000 jobs at a cost of $2 billion -- funding the state doesn't have."

On the state park leasehold: "We've addressed those concerns by completely avoiding the inland campground. The bigger issue is how to solve traffic congestion in south Orange County. Foothill-South is the only viable option for drivers and will relieve traffic without taking homes or businesses.

On the environmental analysis: "This project has been studied for more than 20 years by local, state and federal agencies. We're confident that the environmental document more than adequately addresses the impacts and clearly shows that Foothill-South will significantly relieve traffic with the least impact to homes and businesses."

In southern Orange county where the proposed TR is located, some 80% of the public support its construction. The strongest supporter of the TR recently won election as mayor of San Clemente, the principal city there.

The board of commissioners of the FETCA recently authorized $29.8m on design work in the TR in an amendment to their design-build contract with Saddleback Constructors (FCI, Fluor and Sukut). The final environmental impact statement is out and so federal approvals are lined up. They hope to begin construction in 2008 for a 2011 opening.

Foothill South is 26km (16mi) long and will be built 2x2 lanes with provision for widening to 2x3 lanes. Project cost is put at $875m. It is an extension of the existing Foothill TR (CA241) southward to connect to I-5 just inside San Diego County.

FETCA is a joint powers agency of cities within Orange County and the county government. Its board of commissioners is composed of city and county officials.

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