By Todd Bray, Riptide Correspondent
I
received a letter from Caltrans dated 2009, written by R.A. Macpherson, Deputy
District Director for Caltrans District 4 (which includes Pacifica), explaining
the promise made to the property owner of 55 acres north of the Lutheran
church, Mr. David Thomas of Walnut Creek, to provide the owner with highway
access post-widening project, a growth-inducing impact of the proposed
widening that was not included in the project’s draft environmental impact
report (DEIR).
But the
promise was made in 1972 to a Mr. Robert A. Tarver and was attached to a
freeway project (presumably the 380 extension from San Bruno), not the current
widening-project proposal. Caltrans was unable to produce any documentation
supporting its 1972 claim of allowing the property access to the highway.
The
letter’s author, R.A. Macpherson, also mentions a set of plans provided to
Caltrans by the property's owner in 2009, Mr. David Thomas of Walnut Creek. The
plans provided to Caltrans by Mr. Thomas were prepared by Aliquot Associates
Inc. and were cataloged as Job number 208009.0. titled ENTRY ROAD PLAN.
According
to Mr. Macpherson of Caltrans, the plans were reviewed by Caltrans staff, and
he added that "... we do believe that we would be favorably disposed
conceptually to that design concept." I've asked Caltrans through a
standard public records act (PRA) request to see the ENTRY ROAD PLAN but was informed
that Caltrans has no documentation supporting Mr. Macpherson’s statement about
such plans.
That got
me thinking: If the original 1972 Caltrans promise was attached to a freeway
extension, not a widening proposal, and if Caltrans has no documentation to
support the 1972 promise to then-property owner Mr. Tarver, is there any legal
record to support that promise to the property owner now, in 2013? There is only the
assertion of a Caltrans employee in a letter dated 2009 to a Walnut Creek
resident that such a promise exists.
Boy, if
only I were a lawyer! I think I could have oodles of fun at Caltrans’ expense.
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