April 25, 2008

Update on the 241 Foothill South Extension

Dear Friends,

As many of you know, particularly those living in south Orange County, the proposed 241 Foothill South toll road extension has drawn a tremendous amount of public attention.  While most people recognize the need to ease traffic congestion, there is also a desire to ensure that the high quality of life along the coastal environment is not harmed.

The environment and natural resources along the California coast are enjoyed by people from around the state, and even around the world.  However, residents living in those coastal communities live with both the benefits and the challenges on a daily basis.

Outside Influence

Unfortunately, something occurred last week that I believe is an unfortunate precedent and goes against our representative form of government.  A letter was circulated by Rep. Susan Davis (D-San Diego), and signed by 26 other Democratic members of Congress, including California’s junior Senator Barbara Boxer. The letter argues against the 241 Foothill South toll road extension and urges Commerce Secretary Carlos Gutierrez to concur with the California Coastal Commission’s decision to block the 241 Foothill South extension.

While my Congressional colleagues have the right to comment as they see fit, I think it is worth highlighting that none of the members who signed the letter actually represent the communities where the 241 Foothill South toll road will be built.  More disturbing is the fact that these members of Congress are advocating for an alternative project that would require the use of eminent domain to condemn and destroy hundreds of homes and businesses in a community they are not elected to represent.

During my eight terms serving in Congress, I have never opposed a local project or called for the condemnation of private property in another community that I was not elected to represent.

The majority of representatives in Orange County at the local, state, and federal level of government, including Governor Schwarzenegger, overwhelmingly support the construction of the Foothill South toll road.  Please view the list of project supporters by clicking here.

Possible Public Hearing

As part of the Federal Consistency Appeals process and the Coastal Zone Management Act, Secretary of Commerce, Carlos M. Gutierrez must now decide to either uphold or overturn the Coastal Commission’s decision.  He also has the discretion to call for a public hearing before the decision process is complete.

Last week I sent a letter to the Department of Commerce regarding the possibility of a public hearing, and was joined by my two colleagues Rep. Darrell Issa and Rep. Gary Miller, who also represent constituents who will be affected by the project.  In the letter we acknowledge the significant public interest the project has generated and suggest that a public hearing would be appropriate.

In the letter, we urge the Secretary “to conduct the public hearing in Orange County at a location that is near to and convenient for those individuals from the communities that are directly affected by the project in south Orange County.”

Furthermore, we state that it is “crucial that the Secretary establish clear, equitable, and inclusive parameters for public testimony.  The public hearing that was conducted during the California Coastal Commission’s consideration of the Foothill South toll road failed to meet these goals.  At the hearing, many members of the audience, including elected officials, their staff, and union officials, waited many hours only to be denied at the last minute from giving their remarks.”

Dispelling a Myth

Although the park is called San Onofre State Park, the land is actually owned by the federal government – not the State of California.  In 1971, the State of California and the Department of the Navy entered into a 50-year lease that allowed for the northern-most end of Camp Pendleton to be used as a temporary state park.  In the lease, both parties signed and acknowledged the right of the Navy to grant current and future transportation easements on the leased property. 

While statements have been made that suggest the park was intended to exist in perpetuity, the fact remains that the existence of the park is contingent upon the terms of the lease between the state and federal government.  If the land were truly intended to remain parkland in perpetuity, then the property rights attached to the land would have been conveyed to the state. 

It is also important to note that Interstate 5 already runs through the State Park and that the primary impacts to the leased land will occur on the inland portion of the park.  The proposed toll road will have minimal if any impacts the beach and coastal portions of the State Park because the road does not go any further south than Interstate 5 already does.

Where I Stand

I do not think that preserving our environment and improving traffic by completing the Foothill South toll road are mutually exclusive. The Foothill South toll road can and should be built in a manner that eases congestion while mitigating impacts to the environment.  In doing so, I am convinced we can improve the lives of residents by reducing traffic without sacrificing the wonderful environment along the south Orange County foothills and coastlines. 

I will keep you updated on this important project and welcome your input as I know this is an important issue to the 44^th Congressional District of California.

Sincerely,

KEN CALVERT

Member of Congress