LARRY MANTLE:  In this first half-hour of AirTalk, we focus on the El Toro Marine Corps Air Station.  Word coming out yesterday that the Navy may be fed up with the dispute over how that land is going to be used, either for a commercial airport or for a great park, as called for in Proposition W, the measure that was passed by Orange County voters in Tuesday’s California primary voting.

We’re going to talk about the pros and cons of the Navy taking action that might be preemptive to what the county would do with the site.

And joining us is Republican Congressman Christopher Cox of Newport Beach, who has, of course, been very interested in what the Navy would do with the land because of the implications for economic development in Orange County and also for the ongoing debate between supporters and opponents of a new commercial airport for Orange County.

Congressman Cox, thank you for being with us.

CHRISTOPHER COX:  Well, I’m happy to join us this morning.

LARRY MANTLE:  You’ve been on record as supporting the idea that the Navy would allow market forces to work for this property and to put it up for sale.  What do you see as the advantages to the county in the Navy selling the property?

CHRISTOPHER COX:  Well, keep in mind that sale of the property does not connote – and I’ve seen it, for example, reported as sale to the highest bidder, something which I think is a caricature.  The property is subject to zoning.  It’s going to be subject to the voting in Measure W, which the voters just enacted, which calls for the centerpiece of a great central park; or it’s going to be subject to the zoning of the City of Irvine, which also supports the park idea if Irvine were to annex the property.

So no matter what happens, sale of the property is for the purpose of converting the property to the park plan that was enacted by the voters.

And the benefit, of course, is that it provides the mechanism for carrying that out.  The city is not capable and the county is not capable of doing any development themselves.  They’ve got to hire somebody to do it.  And the transfer of the property in this fashion will put some money in the base closure fund because there are supplemental uses that are provided for in Measure W and also provide a modicum of real property taxation and tax support for the municipalities that are going to upkeep the park.

LARRY MANTLE: The characterization of the Navy’s action is a bit a different depending on which reporter’s work you read in which publication.

In the Los Angeles Times yesterday in a front-page story, it was quite definitive that the Navy is going to sell the land.

But in the Orange County Register, the report was that the Navy may sell the land, particularly if the county can’t figure out what it definitely wants to do.  What’s your understanding from the people that you talk with at the Navy?

CHRISTOPHER COX:  The Pentagon is very interested in moving forward in implementing Measure W.  And they’re going to work with local government to bring that about.

I think because of Measure W all of the interests here are aligned.  People who used to be on opposite sides of the issue now have an incentive to work together because, for example, the county does not want the burden of carrying this property indefinitely.  So they have an incentive to work to get the show on the road.

At the same time, the City of Irvine, which wishes to annex this, has to work with the county because the county can veto their annexation plan; and so, too, incidentally, can the property owner, the Pentagon.

So everyone – there is a system of checks and balances, as it were, in place that gives everyone incentive to work together.  And the wishes of the voters are going to be carried out here.

LARRY MANTLE:  So you’re not concerned that if the Navy sells off the property that it could end up in the hands of housing developers, that it could end up completely developed with homes and that might not be what the surrounding community wants?

CHRISTOPHER COX:  That’s absolutely impossible.  Because remember, if the federal government is showing the property it’s no longer federal property.  That means that it doesn’t trump local zoning.  It’s subject to either the county or the city zoning that’s enforced upon that property, just as it would be in the case of any other property.

LARRY MANTLE:  Clarify, if you would, your position on this – this Marine Corps Air Station versus that of your constituents.  Because I think of – the heart of your congressional district is Newport Beach where residents are concerned about the heavy stress on John Wayne Airport and have supported the development of a commercial airport at El Toro.

Are you concerned that your opinion of what the Navy should do with the property is at odds with your core constituents?

CHRISTOPHER COX:  I don’t think there’s any question that everyone in Newport Beach and everyone in south county and everyone throughout Orange County right now is aware of what happened on Tuesday.  The passage of Measure W does carry the force of law.  There may be some litigation at the margin.  But people have been debating this issue for a very, very long time, and now we’ve got a decision.  And the important thing to do after the passage of Measure W is to implement that decision.

LARRY MANTLE:  So you see the idea of an airport at El Toro as dead at this point?

CHRISTOPHER COX:  I do and so does the Pentagon.

LARRY MANTLE:  Okay.  And certainly going some of the way toward that as well would be the defeat of Cynthia Coad on the Board of Supervisors for Orange County.  It would appear now that there is a 3-2 anti-airport majority, which dramatically changes the political landscape in Orange County, doesn’t it?

CHRISTOPHER COX:  Well, of course, anytime you have an election, you know, somebody’s going to surprise, and that was the case on Tuesday from the gubernatorial on down the ticket.

And our county has a new member of the Board of Supervisors.  I think Chris Norby is going to do a great job.  And of course, one of the planks that he ran on was that Measure W ought to be passed, which it was by the voters, and that – and airport use was not ideal at El Toro.  And I think that he was vindicated in taking that position.

LARRY MANTLE:  So the Airport Working Group said – they’re the leading proponents group – say that they’re going to make a possible legal challenge to W, to which you alluded.

And then also we hear about a group of airline pilots and aviation engineers who say they’re pushing a November ballot measure to use what’s called the V Plan, which is a different airport configuration with flights taking off over park land.  This apparently is not what the Irvine Company wants to see because of their developments that would be affected by the flight path.

It may well be premature to talk about it because obviously they have to gather their signatures and get it on the ballot – but do you see any end to this process?  Cause it seems like dueling lawsuits and initiatives are going to be the lay of this for sometime to come.

CHRISTOPHER COX:  Well, there is – there is always a constitutional right to file a complaint in a court about whatever grievance you might have.  But I think the decision has been made on El Toro, and that’s the view of the Pentagon as well.

A lot has changed at the Pentagon, the first since Secretary Rumsfeld came aboard but more importantly since September 11th.  Their business in that building is fighting a war.  They don’t want to be local land-use planners.  They want to wrap up these base closures that have taken years and years and years.

They are going to act on the decisions that the county voters made in Measure W.  And I think they would have acted just as expeditiously had the voters supported an airport.  They would have been moving lickety-split this week to get that airport constructed.

But I don’t think there’s any looking back right now.  They’re going to – they’re going to execute on this plan.

LARRY MANTLE:  What’s your opinion of a great park at El Toro?  Do you think it makes sense to use the property in that manner?

CHRISTOPHER COX:  Oh, I don’t think there’s much question that it’s a feasible idea.  There’s a good and a bad way to do just about anything.  But if people put their heads together and want to make this happen, we can get ourselves a nice-looking piece of property there instead of dirt and dusty runways.

LARRY MANTLE:  Congressman Christopher Cox, thank you for speaking with us about the fate of the El Toro Marine Corps Air Station and sharing your thoughts on what you think the Navy should do with the property.  We appreciate it.

CHRISTOPHER COX:  Happy to join you.

LARRY MANTLE:  Republican Congressman Christopher Cox, who represents the 47th District, which is centered on Newport Beach in Orange County.