NEWPORT - COSTA MESA DAILY PILOT
COMMUNITY COMMENTARY

                           NEWPORT BEACH -- One of the city's original airport warriors has
                      come up with his own blueprint for a deal between Newport Beach and
                      South County that would both kill plans for an airport at El Toro and
                      prevent an expansion at John Wayne Airport.
                           Former Mayor Tom Edwards, who helped author the 1985 John
                      Wayne Airport settlement agreement, said it is time to "call either the
                      bluff or the commitment" of South County anti-airport leaders.
                           The move is the first time anyone high in the pro-airport ranks has
                      expressed interest in South County's frequently offered "olive branch"
                      in the war over a proposed international airport at the closed El Toro
                      Marine Corps base.
                           "As the El Toro scenario becomes more and more difficult, there
                      comes a point where you say, 'Let's go to Plan B,' " Edwards said.
                           The heart of his proposal -- if both sides agree to talk -- is the
                      creation of what's called a mutual defense agreement. It would legally
                      bind South County cities and those surrounding John Wayne Airport to
                      spend public money defending any action to create an airport at El Toro
                      or expand John Wayne beyond the terms of the 1985 settlement
                      agreement.
                           Bruce Nestande, president of Citizens for Jobs & the Economy,
                      which was founded by Newport Beach businessman George Argyros,
                      was quick to dismiss the idea.
                           "Anyone who believes we are going to keep John Wayne at this size
                      without a second airport is absolutely naive and wrong," Nestande said.
                      "To surrender the El Toro option would be catastrophic to Newport
                      Beach in particular and Orange County in general."
                           Still, Leonard Kranser, chairman of a coalition of anti-airport
                      groups, liked Edwards' suggestions.
                           "It's very encouraging to see a proposal from someone with Tom
                      Edwards' experience that incorporates no John Wayne expansion and
                      no El Toro airport in one proposal," he said. "I'm looking forward to
                      pursuing these ideas and working out technical steps for
                      implementation."
                           Kranser said he believes the steps Edwards outlined are very
                      possible and that it would be less expensive than what both sides are
                      spending now to fight each other.
                           "It's cheaper to defend peace than to wage war," he said.
                           Edwards' proposal comes in the jet wash of Measure F, approved in
                      a landslide victory in the March 7 primary election.
                           The measure requires a two-thirds majority vote to approve any
                      new airport, jail or landfill in residential areas. It passed with nearly 70%
                      of the county vote.
                           "I am not willing to concede that Measure F, a cleverly drafted
                      initiative, was necessarily a rousing plebiscite against an airport at El
                      Toro," Edwards wrote in a letter to the Daily Pilot. "However, recently
                      much has been said in the political rhetoric of Orange County, as well
                      as in the pages of the paper, that the city of Newport Beach has to cut a
                      deal regarding John Wayne Airport; and that Supervisor {Tom] Wilson,
                      and others are allegedly prepared to negotiate an extension of the
                      settlement agreement, which expires on Dec. 31, 2005.
                           Edwards said he still believes an airport at El Toro is in the best
                      interest of the county.
                           "I'm saying for the sake of argument, let's test the waters," he said.
                      "Given the political climate, you may have to take guerrilla tactics and
                      do what's best for Newport Beach."
                           Supervisor Wilson, who was in Newport Beach last week meeting
                      with city officials on airport issues, has always been an advocate of a
                      north-south compromise and an extension of John Wayne's restrictions.

                           "Edwards proposes some interesting ideas about a resolution to the
                      issue, but I think that the final resolution has to be reached between
                      myself and Newport Beach and Costa Mesa," he said.
                           Preventing John Wayne Airport from expanding has been the driving
                      force for Newport Beach and Costa Mesa El Toro backers, and is a
                      major concern for many residents here.
                           Edwards said because John Wayne's restrictions are exempt from
                      the federal Airport Noise and Capacity Act -- which says local
                      governments can't restrict the operation of airports -- there is nothing
                      preventing the supervisors from passing a resolution to extend the
                      agreement.
                           The question is, are county and other pro-airport officials willing to
                      give up on El Toro in exchange?
                           Clarence Turner, also a former mayor and one of the founders of
                      the Airport Working Group, said as the El Toro option becomes
                      increasingly cloudy, Edwards' proposal may be the city's best shot at
                      ensuring John Wayne doesn't expand.
                           However, he said any kind of agreement must also include a
                      commitment on the part of everyone in the county to solve the air
                      transportation problem when it arises.
                           "The issue is not going away," he said. "South County and the
                      supervisors have said they'll prevent John Wayne from expanding, but
                      it's easier said than done."
                           Newport Beach Mayor John Noyes said he has been meeting with
                      his constituents and other airport groups to explore the possibility of
                      extending the settlement agreement.
                           As to Edwards' proposal, Noyes said he does not want to push
                      Orange County's air traffic needs elsewhere, nor does he want Newport
                      Beach to shoulder it all.
                           "It just seems that at some point, we would have to put some kind
                      of airport at El Toro," he said. "I'd like to see us promote an airport at
                      El Toro that's more akin to John Wayne."
                           Nestande added his belief that a settlement agreement in court is not
                      a guarantee. "It's just sitting there waiting to be challenged," he said.
                      "The only guarantee for citizens of Newport Beach to not assume a
                      heavy air transport demand is El Toro."
                           Edwards responded: "All I'm saying is you better have a Plan B."
                           FYI
                                              * * *
                           The main elements of the John Wayne Airport settlement agreement:

                           * Negotiated in: 1985
                           * Passenger cap: 8.4 million annually.
                           * Flight-per-day limits: 39 for type A (loudest aircraft); 34 for type
                      AA (less noisy); and unlimited for type E (quieter aircraft).
                           * Curfew: No flights between 10 p.m. and 7 a.m. seven days a
                      week; curfew extends to 8 a.m. on Sundays.
                           * Expires: 2005
                           * SOURCE: Newport Beach City Attorney's Office
                           POSSIBLE PACT
                           Tom Edwards' proposal (as written by him):
                           * Supervisor Tom Wilson introduces and has approved, a resolution
                      to the Orange County Board of Supervisors that extends the John
                      Wayne settlement agreement for 20 more years. The resolution may
                      have to be approved by a super majority of the board.* The resolution
                      and extension of the settlement agreement would allow for no further
                      physical or service expansion at John Wayne, and would also include
                      the appropriate authorization to amend the existing Federal Court Order,
                      which encompasses the settlement agreement. This means a tacking on
                      of 20 years to the existing settlement agreement. There may be
                      additional enforcement mechanisms necessary, such as legislation, that
                      would also necessarily need to be in place. The county can expend no
                      funds or accept any funds for the expansion of John Wayne. Also, an
                      agreement may be necessary regarding John Wayne, and the
                      surrounding cities, i.e. Newport, Costa mesa, Tustin, Irvine and Santa
                      Ana, which would in the future require their unanimous agreement on
                      any future changes.
                           * Wilson introduces a resolution, for which he also needs super
                      majority support, closing down the planning for the El Toro process.
                           * The county, city of Newport Beach, Stop Polluting Our Newport,
                      Airport Working Group, the El Toro Reuse Planning Authority and
                      perhaps again the cities surrounding John Wayne Airport, as well, enter
                      into a mutual defense agreement. It would likely be incorporated into
                      the existing Federal Court Order. What this encompasses is a
                      commitment by all parties to defend the John Wayne settlement
                      agreement, the nondevelopment of El Toro, one another and indemnify
                      the same against any challenge to the John Wayne settlement agreement
                      and/or the agreement not to allow the conversion of El Toro to a
                      commercial airport. Further, the parties would be responsible for all
                      fees incurred by any defense.
                           * The cities all pass the appropriate resolutions supporting all of the
                      foregoing, including but not limited to a restriction on the expenditure of
                      any public funds for the expansion of or encouragement for the
                      expansion of John Wayne; or the development of El Toro as a
                      commercial airport. This may encompass a joint powers agreement.
                           * County officials commit to finding a solution outside of Orange
                      County to meet future air traffic demands.
                           FIGHT OR FLIGHT?Should Newport Beach negotiate with South
                      County to extend John Wayne Airport's flight restrictions and curfew,
                      even if it means giving up the fight for an airport at El Toro? Call our
                      Readers Hotline at (949) 642-6086 or send e-mail to
                      dailypilot@latimes.com . Please spell your name and tell us your
                      hometown and phone number (for verification purposes only). 

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