Toll Roads Paved With Secrecy

The agencies building Orange County’s toll roads never have done a good job in being open with the public. The latest example is the custom of slashing fees for developers who sue.

The Transportation Corridor Agencies have refunded or waived more than $548,000 to settle with builders of self-storage facilities in four cities near the toll roads since 1994. But the TCA didn’t bother alerting developers that the fees were open to negotiation. Only after one developer sued and demanded the TCA’s file on the matter under the state Public Records Act did the custom become more widely known.

State law allows developers who will benefit from infrastructure like new roads to be charged fees. But the levies must have a “reasonable relationship” to the benefit derived from the new project. Builders of self-storage facilities argued that their businesses generated far less foot traffic than other new businesses such as fast-food outlets and to charge similar fees was not reasonable. When builders sued, the TCA settled and cut costs in four cases, once slashing the assessment from more than $300,000 to less than $100,000.

A TCA board member, Supervisor Todd Spitzer, has pointed out that builders should not have to sue the agency to get relief. If the policy should be changed, make the needed revisions and let everybody know the rules.

The forced disclosure of the settlements recalls the attempt by agency lawyers several months ago to discuss a possible bond refunding only in closed session and only after the board members signed a “confidentiality certificate” that would bar them from talking to anyone about the refinancing.

The toll roads are public business. Matters affecting their construction and finances need to be discussed openly.