OCBC's Lucy Dunn On Sanchez's Tollroad Betrayal

I included OC Business Council President Lucy Dunn's OC Register op-ed in today's News Roundup, but want to give it its own post because it's so good and Lucy does such a good job of responding to the enviros' utterly dishonest campaign against the 241 completion:

The Orange Grove: Sanchez Betrayed O.C. On Toll Road
The Foothill South extension underwent years of environmental reviews.

By LUCY DUNN
President and CEO, Orange County Business Council

Orange County was betrayed by one of its own early Thursday when Garden Grove Democratic Rep. Loretta Sanchez, a member of the House Armed Services Committee, voted in favor of an amendment to the defense authorization bill that could effectively negate the Transportation Corridor Agencies' federal authority to build the Foothill South (241) Toll Road extension in south Orange County.

Purposely ignoring an outpouring of calls and e-mails from the Orange County Business Council, the TCA, labor unions, city chambers of commerce, businesses and concerned citizens expressing their collective opposition? Supporting an amendment proposed by a county outsider (San Diego Rep. Susan Davis)? What the hell was Sanchez thinking?

Reports that the toll-road agency attempted to skirt laws protecting the environment are blatantly false. This project has undergone 20 years of strenuous environmental review, during which time the TCA, the U.S. Marine Corps and state and federal transportation and environmental agencies studied over a dozen project alternatives at a cost of more than $20 million. The agencies jointly determined that the "Green Alternative," as the currently planned alignment for the toll road extension came to be called, was the least environmentally damaging alternative for relieving traffic congestion in south county.

Rep. Ken Calvert, R-Corona, shares the Business Council's outrage that special interest groups were allowed to hijack a congressional committee through a county outsider. "I'm disappointed that my Orange County colleague, Rep. Sanchez, spoke in favor of the Davis amendment to kill the toll road and falsely asserted that the project is not subject to state law when, in fact, it is subject to and has complied with [the California Environmental Quality Act]," Rep. Calvert said. "Any contention that the Foothill South has been granted special environmental exemptions is flat-out false, and I've got about 50 pounds worth of environmental documents in my office to back that up."

In a twist of irony, the Davis amendment, introduced under the guise of environmental protection, has significant potential to cause further harm to our region's air quality. Overlooked was the fact that the 241 toll-road extension project is part of Southern California's regional air quality mitigation planning. Without it, the region is at risk for violating federal air-quality attainment standards and losing millions of dollars in federal funding for congestion relief as a result.

The 241 toll road extension is an essential element of the county's long-range transportation plan to alleviate traffic congestion in south county. This "late hit" legislation undercuts a 20-year, $20 million public process. It is disrespectful to the elected officials and members of the public who participated in that process.

Recognizing that infrastructure maintenance and improvement is critical to protecting Orange County's dynamic economy and high quality of life, countywide infrastructure – particularly transportation infrastructure – remains one of the Business Council's core initiatives. OCBC will continue to support the toll-road agency and the county in their efforts to complete this critical transportation project. We hope that Rep. Sanchez will reverse course and put her constituents ahead of special interests and congressional colleagues beyond Orange County.

Comments

[Theodore Judah]

Choosing the Sacramento special interests of the environmental fringe over jobs, traffic relief and the economy in Orange County.

What the hell WAS Loretta thinking?

Mr. Tran, we need you in that congressional seat!

[Bladerunner]

Welcome aboard Alicia!

Lucy, here's what the hell Loretta was probably thinking: you don't pave over a state park. It doesnt matter if Jubal or Judah think its a crappy park. It doesn't matter if its a lease from the Navy. It doesnt matter if you've done 100 EIR's which will convieniently note that while TCA can't mitigate all the negative environmental impacts the economic benefits of the toll road outweigh the environmental damage. And it doesn't matter if you rather strangely quote one of the king of the special interests, Ken Calvert of Riverside County, whose next great project is to drill a tunnel through the Cleveland National Forest at taxpayers expense. Calvert of course doesn't mention that the special interest legislation passed in 2001 would exempt the toll road from obtaining approval from the State Parks Commission and comply with all California laws.

Lucy, I'm sure Loretta was thinking, why not have the TCA obey all California laws, like everybody else. Not cutting inline like those illegal aliens. No exemptions, just man up and do what it takes within the laws to get the project passed. What a novel concept.

I'm sure she was thinking this was a state park, not a county park under the jurisdiction of Jubals Harbor, Beaches and Park Commission. And if you start paving over state parks, then the next thing you know the Del Norte Local transportation agency and the Del Norte Chamber of Commerce will tell us to butt out of their plan to pave over the Del Norte Coast Redwoods State Park. Or Humboldt County doing the same thing to Humboldt Redwoods State Park. Is nothing sacred?

Here's a novel thought---try to get the toll road built the old fashioned way--follow the rules. There's a new sheriff in town, its Nancy Pelosi, and the pave Paradise and put up a parking lot mentality of Dennis Haster and many but not all of the Republican congressional delegation doesn't control the Congress anymore.Time to get a new lobbyist maybe? Someone who might suggest negotiation rather then scorched earth. Here's another wake up call---the GOP ain't winning the House back in 2008. By the time they get it back the costs will have mushroomed to try and build this thing that you might actually have to have to raise taxes on the poor folk of Ladera Ranch and Coto de Caza.

Here's another thought--why not think outside of the box? Look waht the Democratic Party did on this issue. At their convention in San Diego they passed a resolution opposing putting the tollroad through the Park unless there was significant mitigation(read land swap into this)that all players in the process would sign off on . If that didn't work, the Democrats said let's build the tollroad but TCA and the OCTA need to work with the DOD and the Department of the Navy(read the Semper Fi brass and the Navy brass)to find an alternative route. Do the math--you don't have the votes to pave over the park. The Marines naturally are going to fight any encroachment on Camp Pendleton. Why? Because lots of people in your organization, and the OC & San Diego BIA's lust for opportunities to make their mint out of land on the base and the Marines don't want to set a precedent. But you know, if you want this toll road that bad, then there is a deal to be made. The marines want alot of things from Congress, and this environmental gift---the protection of a state park---might be just the thing to get Nancy Pelosi, Barbara Boxer, and yes, Loretta Sanchez, to give them the weapons program or the new base or whatever else they really need.

You can try to think outside of the box on this issue or you can continue to browbeat one of the people who can actually make this toll road happen. Your choice.

[Jubal]

BR:

Can we set your comment to "Trouble" from "The Music Man"? Because the way you talk about "paving over the park" reminds me of Pro. Harold Hill and that pool hall in River City.

[Jubal]

Lucy, here's what the hell Loretta was probably thinking: you don't pave over a state park.

Come on, BR. It's a road, not "paving over the park." Get real.

It doesn't matter if Jubal or Judah think its a crappy park.

I've never said it's a "crappy park." But the enviros try to talk as if the San Mateo Creek Campground is some pristine Garden of Eden. It ain't. I'm just being factual, unlike the professional prevaricators on the Enviro Left.

It doesnt matter if you've done 100 EIR's which will convieniently note that while TCA can't mitigate all the negative environmental impacts the economic benefits of the toll road outweigh the environmental damage.

It does matter, BR, if the regulatory process is to have any meaning. Instead, the enviros and their fellow travelers in the federal bureaucracy turn it into an arbitrary nightmare where they fail to abide by deadlines spelled out in the law. Otherwise, the enviros will simply challenge any regulatory outcome that doesn't produce their desired result, no matter how much good faith is put into the effort.

And it doesn't matter if you rather strangely quote one of the king of the special interests, Ken Calvert of Riverside County, whose next great project is to drill a tunnel through the Cleveland National Forest at taxpayers expense.

And exactly what does that have to do with anything, BR? Attack Calvert instead of presenting an argument? Nice.

Calvert of course doesn't mention that the special interest legislation passed in 2001 would exempt the toll road from obtaining approval from the State Parks Commission and comply with all California laws.

You mean the federal law passed regarding federal land to keep the looney tunes in your party like Sheila Kuehl from exercising their unfortunate control of the legislature to pass bills to kill the toll road? I'd call that protecting Orange County's interests from the Left-wing lunatic in your party who think the interests of mice, sand flies and toads transcend those of mere human beings.

Lucy, I'm sure Loretta was thinking, why not have the TCA obey all California laws, like everybody else. Not cutting inline like those illegal aliens. No exemptions, just man up and do what it takes within the laws to get the project passed. What a novel concept.

TCA is obeying the laws, BR. I'm stunned you are buying into this lie being peddled by the enviros, Susan Davis and Loretta Sanchez. This trio could care less about state law -- this is about stopping the toll road. Period.

I'm sure she was thinking this was a state park, not a county park under the jurisdiction of Jubals Harbor, Beaches and Park Commission.

Again, BR -- your point?

And if you start paving over state parks, then the next thing you know the Del Norte Local transportation agency and the Del Norte Chamber of Commerce will tell us to butt out of their plan to pave over the Del Norte Coast Redwoods State Park.

You can not honestly believe that load of manure you are trucking into the comments, can you? Maybe this is Dan Silver or some fanatic from the Sierra Club using Bladerunners' handle.

Here's a novel thought---try to get the toll road built the old fashioned way--follow the rules.

Here's a novel thought, BR: they have been following the rules. For more than 20 years.

Here's another thought--why not think outside of the box? Look waht the Democratic Party did on this issue. At their convention in San Diego they passed a resolution opposing putting the tollroad through the Park unless there was significant mitigation(read land swap into this)that all players in the process would sign off on.

And where will this land come from? And do you honestly think there is any deal that can be made that would cause your enviro friends to sign off on completing the 241? BR, they don't want the road built. PERIOD. That is their end game.

If that didn't work, the Democrats said let's build the tollroad but TCA and the OCTA need to work with the DOD and the Department of the Navy(read the Semper Fi brass and the Navy brass)to find an alternative route.

What alternative routes, BR? A number were considered. Which of the other ones are the enviros OK with?

Do we then restart the entire EIR process. Spend million more and waste more years, only to have the enviros file more lawsuits and launch more objections? You cannot be that naive.

Do the math--you don't have the votes to pave over the park.

BR, try to salvage some shred of the credibility you have here by dropping that ridiculous characterization that you know to be untrue. That plays to to the wingnuts at Calitics, but our readers have functioning brains.

BR, if this were a matter of sitting down with reasonable people in a reasonable regulatory environment, then a deal could probably be made. But that isn't the case, and you think you are aware of that. You can't make a deal on building a road with people who are totally dead-set against building that road. You can't just sit down, draw a line on a map and go "Here's our new route! Start building!"

A new route means a new EIR, and that means million more spent and more years of delay as congestion gets worse.

And that is on the head of Loretta Sanchez, who could have stopped the Davis amendment is she chose to.

Instead, Loretta made clear her Blue Dog Democrat act is a farce and she's turning into a left-wing version of Bob Dornan - a Beltway creature out-of-touch with her district.

Now that's leadership Ms. Dunn! Thank you.

Oh, and we would hate to open up the OC Register and see some sort of "make nice with Loretta" op-ed before she actually changed her postion, PUBLICLY. You would look like a spineless noodle if you were seen extending an olive branch to a third rate congressman and then she turned around and screwed us anyway.

[J. Eidt]

Congresswoman Loretta Sanchez seems to understand what members of the OC Business Council do not – the 241 tollway extension is not the answer to optimizing transportation mobility in South Orange County.

The Foothill TCA jumped over environmental regulations to build their road over state parkland and the last wild watershed left in Southern California, and with legal impunity mislabeled it the “least environmental damaging.” The section of park denigrated by Red Countyistas is only a piece of the wilderness that was set aside as mitigation for SONGs plant and Talega -- mitigation should not be a temporary holding place for transportation improvements...unless we can turn Talega into a nature preserve in ten years...

Following the rules, TCA would have discovered the more immediate and necessary alternatives that their own EIR-EIS had shown would provide more congestion relief – optimizing the I-5 for regional traffic and extending arterials to improve local access. OCTA's studies for 2030 show this toll road extension the least used road in the county, with the 5 congested beyond belief.

As for making a deal for extending the 241 -- how about connecting it south through Rancho Mission Viejo and then west to the 73 toll road? This would complete the toll road system in a circular beltway -- providing an excellent alternative to the I-5 for all the foothill communities. Admittedly, this concept is not without its detractors in San Juan Capistrano, but with tunneling and a sensitive design this would provide the improvements where they are needed (to serve commuters from 14,000 homes in RMV plus Ladera, Coto, RSM, Forster, etc) and preserve land that has been set aside for the public to enjoy.

Spending $1 billion on a road to nowhere is not good business, Business Council. Freeways, it has been shown since the 50s, are major generators for our economy, providing mobility for all who have a car, not just the few who can pay a $10 one-way toll. Invest a fraction of that billion on the 241-73 Beltway Connection, and then program the funds to optimize the I-5 to provide the real relief we need. And spare us the scare tactics of taking 800 homes -- with a Community Sensitive Design that includes diamond-shaped off-ramps, reduced lane widths, and sound walls, the section through San Clemente can be completed with a minimum of acquisitions.

I'm sorry, this is not a bugs, birds, and bees issue. It is more of a question of where is the smartest place to spend our scarce transportation dollars. Regulations only serve to illustrate the costs between alternatives more accurately. Sad to say, Red Countyistas, paving over wilderness has a cost more significant than the price of hiring bulldozers...Congresswomen Sanchez and Davis seem to get that...

FYI-San Onofre is in San Diego County, so they should have a say, too. Kudos, Rep. Sanchez and Rep. Davis!

[Bladerunner]

Jubal--I love it when you throw down the gloves. And the Music Man reference is priceless---Its been ages since I saw Peston do Trouble---you're too funny.

But please, you can't seem to get out of the same ideological lock box that the NRDC boys seem so comfortable in. Step right up boys and girls, its the Enviros versus the Concretos, nobody givin an inch, nobody thinking a wit, everybody name callin and packin heat(picture Preston here).

Did you not read what I wrote or were you just cherry picking my post to tee off on the enviros? The Dems, whom you and others have suggested are somehow held captive by the Sierra Club and fellow travelers, just passed a resolution that not only said don't build the tollroad through San onofre park(I know, so what) BUT supported 2 options to BUILD THE TOLL ROAD. Either keep the current route with significant land mitigation(read land swap) or failing that, reroute it thru Camp pendleton close to the existing route. Passed by burly building trades guys and by people who look like they put their finger in a light socket. Passed unanimously. Noy a peep of protest from the Tree Hugger Caucus.
Now of course there are people who don't want any road, especially a toll road, south of Oso.They're not the biggest part of the opposition. But deal with the real world Jubal----negotiations and deals and settlements are made every day between people and groups diametrically opposed to each other. But a deal is often a compromise, and the problem is you Concretos don't want to compromise. Admit it.

Now, on to the floatsam you sent my way. You crack down on me for referring to Ken Calvert as the king of special interests? Huh? I was just responding to Calvert's humerous use of the term special interests in castigating opponents of the present 241 route. Go reread Lucy's brave op ed piece. it's there. Hey, if I wanted to digress and deflect the conversation to Calverts ethical lapses, I would have just cited Republican Congressman Ray laHood, who threw Calvert under the bus the other day, saying the republican leadership had lowered the bar on ethics by voting Calvert to replace Fleischman's buddy John Doolittle on the House Appropriations Committee.

INstead of dealing with my point about setting a bad precedent by allowing local agencies to justify paving over(oh, i forgot, you don't like that term, how about encoraching, ruining, eroding, crapping on, etc/)a park(my example of Del Norte), you simply call it a load of manure. Now that's mature and insightful. No wonder there is little progress on this issue. But I guess that kind of "manure" is ok if its your Concreto Comrade Theodore Judah, who claims the Dems might try to " get the marines to put flowers in their guns and play earth ball."

I agree with you the inland portion of the Park isn't all that great but thats not the point. It's a State Park and its a bad precedent to build a toll road or a freeway thru a State Park.

Please don't try the intellectually dishonest canard that the 241 gang is complying with all California laws. The legislation exempted the 241 from having to go thru the same process that every other state project has to go through. The EIR process was always designed to push for the San onofre Park route by only providing options through orange County. I-5 widening has significant costs I agree. But there was no environmental review that i was aware of that covered alternative routes through Camp pendleton. There is leased agricultural land, easy alternatives a little farther south. Instead of working a deal with the Navy and marines, TCA, Issa and Company simply decided that paving over or through or over San onofre park was cheaper, easier. And the GOP has fallen lock step into that plan. This is why your party isn't trusted on environmental matters. What happened to the Party of Teddy Roosevelt?

Jubal my point about your Harbor Beaches and Park Commission was that this is not just an Orange County park issue..in fact its in San Diego. But its a State park so all Californian's have a stake in this. This phony chauvinism by Calvert, Dunn and you is amusing.....wrong but amusing.

try following all the rules. Don't be so shallow as to get an exemption from some of the rules and then claim you're following all the rules.

Better yet, stop trowing scuds at loretta and try working with her to get this road built.

Full disclosure: I have no economic interest in this. Im not a member of any environmental group lobbying this thing, not a consultant for anyone involved on this issue. I support extending the 241 to the 5. I just don't think it should go thru the park unless there is a land swap to end up with a better park then we had before. Otherwise, go a little bit to the South. If you're complaining about the EIR costs, blame the lawyers, politicians, consultants and various other rocket scientists who assured the TCA that they had nothing to worry about once Congress acted to shelter the 241 from all of California's environmental laws and reviews. bad advice. Sue them all for malpractice.

[Theodore Judah]

BR you say it is a canard that the 241 is complying with state laws. Okay, which law is being violated? Or as Mr. Eidt put it, TCA "jumped over environmental regulations." Really? Which ones?

The reality is that TCA has complied with every state and federal law and has worked with nearly a half-dozen federal environmental agencies such as US Fish & Wildlife, EPA, etc. prior to determining the alignment that was selected. TCA is now going through an extensive permit approval process with such state agencies as the State Water Quality Control Board and the Coastal Commission.

What this change in federal law does is it allows the state to pass legislation that can prohibit projects from being built, even if it's on land they don't own (i.e. Camp Pendleton).

BR, there is no way the Marines would allow a route further south. They have been crystal-clear on this since day one.

The State Parks folks have no desire to discuss mitigation (even though they admit their number one problem is funding for park maintenance). Their goal is to kill the road, period.

Spare me the dream that the I-5 can be widened to Caltrans standards without taking homes. Caltrans was a participant in the development of the EIR and they have verified the numbers that to widen the I-5 to their specifications will take more than 900 homes and hundreds of businesses. It is not a scare tactic, it is the truth.

As for OCTA, their study proves the 241 is necessary to relieve traffic congestion and all of their road improvement plans assume the completion of the 241. They recently wrote a letter of support of the preferred alignment of the 241 and sent a resolution of oppostion to AB 1457, the Sacramento bill designed to kill the road.

As an aside, it's interesting to watch Oceanside go after the Chargers. 14,000 homes in Rancho Mission Viejo to the north and Charger games to the south. Support for completing that last 16 miles will just continue to rise as traffic congestion grows.

[Bladerunner]

TJ-I'll let J. Eidt respond for him or her self but as to your question: all of them. Laws have enforcement mechanisms...you go through a process, if you get approved, great, if you don't, you pack up and go home or try modifying the project. The special interest federal legislation protection you concretos passed eliminates the enforcement mechanism. If the State Park Commission or the Coastal Comission said no to this project, your special interest legislation would allow TCA and their legions of lobbbists, consultants and fellow travelers to put up the middle finger and say "We're building it anyway. Federal law trumps state law. Pound sand." That's not only non-compliance, it's another example of how Republicans in Congress talk about states rights until it concerns something that they want and can only manage to pull off on a federal level. They hypocrisy just drips off you folks on this one.
Now that I answered your question, here's mine: are you a consultant, employee or otherwise associated with any group or company supportive of the 241? Because this seems to be the only issue you post about and I think readers should know. If you posted on this before I apologize not having seen it previously.

The reality that the TCA and Gang of 500 lobbyists and fellow travelers had no intention of complying with any decision by the Coastal Commission or State Parks Commission is evidenced by the blistering reaction from all you concretos to passage of the Davis Amendment---you sound like stuck pigs squeeling. Compliance means compliing with the decision making body who enforces the law. You thought you could make the 241 exempt from state laws that all other state projects have to live with. And the amendment merely says you have to comply with all California laws. So if you're complying with all California laws, no worry boyo!

And TJ, you dismiss any other route through Pendleton because the Marines said no. People say no all the time. Thats what starts negotiations that often end in settlements. I agree the Marines would rather not encroach another inch onto their land but we're not talking about routes down to Los Pulgas Road. As to what routes, you wouldn't know which routes are possible because they were never considered in the EIR process. Lots of land to work with, lots very close to the existing planned route.
The enviros are saying no too but you're ready to try and shock and awe them. I agree, I'd rather take on enviros then the Marines, no shame in that, but the Marines can make out like banditos in the end. If this park is muy importante to the enviros the Marines will make them pay for a deal. I don't know what's on General Conway's wish list but he'll certainly have leverage.

Instead of lifting your legs on Loretta you ought to be thanking her for getting Davis to pull her amendment allowing the Marines to grant an easement for the tollroad. That would really have killed the road. Failure to give Loretta props for that is bad form chap.

Finally, direct the I-5 expansion arguments to others---I agree that 241 should be completed and I-5 expansion would not be enough to handle the new developments along the foothills. I would say that 241 alone won't solve the I-5 congestion problems(check out the 91 any afternoon)and you need to deal with the issue of non-competitive provisions that might limit improvements to the I-5.

I'm sure the meters are running nonstop in an effort to kill the idea of requiring the 241 to comply with all California laws. Which is not necessarily a bad thing---if the thing is going to get built you can't roll over after getting your butt kicked in Committee. Hopefuly, once the real negotiations get going people on both sides will stop being ostriches, put a muzzle on their ideological howitzers, and work something out where everyone will be, if not completely satisfied, ok with the final product.