March 15, 2000 Via fax and U.S. Mail
Chairman Charles V. Smith
Orange County Board of Supervisors
County of Orange
10 Civic Center Plaza, 5th Floor
Santa Ana, Ca 92701
Dear Chairman Smith:
I write on behalf of the El Toro Reuse Planning Authority (ETRPA) to advise you that the Safe and Healthy Communities Initiative (Measure F) imposes certain new obligations on the Board of Supervisors. I write particularly in light of your recently reported comments that the County's process to establish an airport at El Toro would continue without change.
In addition, this letter is intended to provide personal notice to each member of the Board that Measure F in fact does require very significant changes in that process, that expenditures contrary to Measure F are illegal, and that members of the Board of Supervisors who authorize any expenditures could be personally liable for those actions.
Also, the provisions of Measure F significantly affect the County's
planning process for civilian reuse of MCAS El Toro in at least the following
ways:
EIR 573
First, Measure F compels changes in the County's process for evaluation of EIR 573. Section Five of the initiative specifies that the Board, before it adopts or approves any proposed airport system master plan, "shall hold, with widespread public notice, at least one public hearing in each Orange County City that would be affected by the project."
Section Five further specifies that these mandated public hearings "shall
be held following the preparation, evaluation and certification of the
environmental impact report or environmental documentation required for
the project." (Emphasis added.)
As a result, Measure F compels the County, if it determines to proceed
with further consideration of an aviation alternative for MCAS El Toro,
to (a) first consider certification of EIR 573, and (b) thereafter, if
it certifies that EIR, to hold the required public hearings (c) before
it may consider whether to approve the airport system master plan.
These provisions of Measure F therefore effectively require a certification
of the EIR that is completely separate from any approval of the proposed
airport system master plan by the Board of Supervisors.
IMMEDIATE BAN ON ALL FURTHER COUNTY EXPENDITURES
RELATED TO AIRPORT PLANNING
Second, Section Four of Measure F specifies that: "Funds may be expended by the County of Orange as necessary for the planning of [the airport system master plan] . . . but only upon a vote of the Board of Supervisors after public hearing" and even then only for certain specified limited purposes.
As of the effective date of Measure F, this provision imposes an immediate
ban on all expenditures by the County related to the proposed El Toro airport.
No expenditures of any sort may be made, until and unless the Board holds
a public hearing and authorizes further expenditures, even those permitted
by Measure F.
COMPLETE BAN ON CERTAIN COUNTY EXPENDITURES RELATED
TO THE PROPOSED EL TORO AIRPORT
Third, Section Four of Measure F imposes substantive limitations on the type of further expenditures that may be authorized by the County related to the proposed El Toro airport.
Specifically, Section Four provides that: "Funds may be expended by the County of Orange as necessary for the planning of [any airport system master plan] and for the submission of an approved [airport system master plan] to the voters for ratification as required [by Measure F], but only . . . to the extent necessary" to (a) define the airport project; (b) prepare EIR 573; (c) evaluate and certify EIR 573; (d) hold the required public hearings; (e) put the project to the required 2/3 vote of the people; and (f) as state or federal law requires.
Measure F further specifies that: "The Board of Supervisors may expend no other funds for any other purposes relating to any such project, until and unless the act by the County to approve the project is ratified by the voters . . . ."
Section Four thus imposes a complete ban on County expenditures related
to the proposed El Toro airport, except as specified.
This ban necessarily means that, until and unless the Board of Supervisors certifies EIR 573, holds the required public hearings, approves the airport system master plan and then obtains the mandated 2/3 ratification vote from the County's voters, the County may not legally spend any funds to implement or promote an airport plan.
For your easy reference, I am enclosing a copy of the full text of the Safe and Healthy Communities Initiative.
Yours very truly,
Paul D. Eckles
Executive Director
cc: Supervisor Thomas W. Wilson
Supervisor Todd Spitzer
Supervisor James W. Silva
Supervisor Cynthia P. Coad
Laurence M. Watson, County Counsel
Janice M. Mittermeier, County CEO
ETRPA Board of Directors
ETRPA REMT
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