Website Direct, August 31, 2001
Yorba Linda LRA meeting goes anti-airport

Website Direct, August 29, 2001
Assemblyman John Campbell signs park petition

LA Times, Inland Valley edition, August 28, 2001, website posted August 29
"Airport board weighs ONT marketing plan"
"Los Angeles mayor pushes for more advertising to sell Ontario International as an alternative to LAX."

Website Direct, August 28, 2001
John Wayne passenger volume still flat despite July travel

OC Register, August 27, 2001
"El Toro poll picks park over airport"
"But cost is an issue, and residents don't want to be taxed for their greenery."

Website Direct, August 26, 2001
Newport Beach tries to pack the house at BOS

Website Direct, August 24, 2001 updated August 25
Appeals Court rules in favor of Park petitioners

OC Register, August 24, 2001
"Timing of airport review criticized"

Website Direct, August 23, 2001 – LATE POST
County Counsel Puts it in Writing.  Park Initiative Title is "Accurate"

OC Register, August 23, 2001
"Caltrans questions El Toro planning"

Website Direct, August 22, 2001
Three more flaws in Judge Gray ruling

Daily Pilot, August 22, 2001
"V-plan backers to hit the streets"
"But proponents of an alternative plan for El Toro don't expect to get it on a countywide ballot until November 2002."

Website Direct, August 21, 2001
Mark your calendars

Website Direct, August 20, 2001
V-Plan information on-line

LA Times, Newport Beach, August 19, 2001
"Q and A – Jim Silva"

LA Times, August 18, 2001
"Building El Toro May Hurt Air Quality"
"Revised report says construction of an airport at the closed base would create dust and raise nitrogen dioxide levels."

OC Register, August 17, 2001
"Cal State Fullerton ranks No. 1 in growth"

LA Times, August 17, 2001
"Anaheim Official May Run for Board"

Website Direct, August 16, 2001
Appeal of ballot title ruling is moving quickly

Website Direct, August 15, 2001- updated August 16
Tonight's El Toro meeting draws record crowd

OC Register, August 15, 2001
"O.C. won't appeal park-petitions ruling"
"Supervisors favoring an airport … vote not to contest invalidation of signatures for park initiative."

Website Direct, August 14, 2001  5:00 PM FLASH
Supervisors vote, 3-2, to not appeal ruling on ballot title

OC Register, August 14, 2001
"Coad may face anti-airport challenger"
"Fullerton Councilman Norby says north county is not pro-airport, and he might run for supervisor
on the El Toro issue."

Website Direct, August 14, 2001
Airport opponents will rally tomorrow

OC Register, Commentary, August 12, 2001
"At the mercy of bureaucrats and high bidders"

OC Register, August 11, 2001
"Official, seeing threat, alerts authorities to airport postings"

Website Direct, August 10, 2001
County "Just the Facts" Meeting in Anaheim is a "Rout"

Website Direct, August 9, 2001
More on Appeal of Judge Gray's ruling

OC Register, August 8, 2001
"Language in park petition is valid, county counsel says"
"Supervisors deadlock on whether to appeal judge's ruling against airport foes."

Website Direct, August 7, 2001
Pro-airport supervisors duck responsibility on petition appeal

LA Times, August 7, 2001
"El Toro Appeal to Be Filed Today"
"As park proponents rush to have petitions reinstated in time for March ballot, new plan surfaces to realign runways."

Website Direct, August 6, 2001
Appeal Launched to Reinstate Ballot Title and Summary

OC Register, The Buzz, August 6, 2001
Airport backer pays to rally a crowd

Website Direct, August 5, 2001
Weekend Commentary

Website Direct, August 3, 2001
Legal attack on initiative hardens backers resolve

OC Register, August 2, 2001
"Rejected park petition signed by 128,000"
"Organizers say they will continue to collect signatures while appealing the judge's Tuesday ruling."

Committee for Safe and Healthy Communities Press Release, August 1, 2001
Central Park Initiative Drive "Unstoppable"

Website Direct, August 1, 2001
More coverage of yesterday's ruling by Judge James Gray

Click for earlier news briefs

Thanks to Mike Smith and others, we have this report on the County's airport presentation in Yorba Linda last night.

"Another good crowd, maybe 150-200 people… The crowd was CONSIDERABLY anti-airport."  One estimate was 70 percent. "Out of maybe 20-25 speakers, about 10-15 were from our [anti-airport] activist circle of friends, only 3 or 4 people spoke at all forcefully for the airport."

"The County pitch was completely new since Lake Forest (and most of the numbers have changed.) They are getting much more aggressive at their story telling. The consultants seemed a bit more 'in line' and several were definitely on the offensive. I think they got kicked around more than they liked in Lake Forest."

"[Bob] McGowan spoke, and did a good job of criticizing the airport plan (he favors an airport, but despises their plan.) He argued for arrivals from the north, departures to the south with that 'quick right turn' toward Newport Coast."

"[Gary] Simon seemed … a bit off his game. At one point he tried to tell someone that they should direct their question to the BOS meeting next week. [Supervisor Todd] Spitzer came right back and said tonight was the chance to get responses from the experts, there would be no questions answered at the BOS meeting."

Tom Wall reportedly denied that the El Toro was EVER promoted as a "turnkey" airport.

Assemblyman John Campbell (R-70th) signed a petition for the Orange County Central Park and Nature Preserve Initiative.  Campbell represents Newport Beach, Laguna Beach, Irvine, Costa Mesa and parts of Aliso Viejo, Laguna Hills, El Toro, Lake Forest, Tustin and Santa Ana.  By signing, he joins with fellow Assembly members Bill Campbell (Villa Park) and Pat Bates (Laguna Niguel) who are official proponents of the initiative.

In an August 28th  letter to Bill Kogerman, Campbell says, "I do not believe it is in the best interest of Orange County to build an airport at El Toro… I look forward to working with you and all of the members of the Committee for Safe and Healthy Communities to ensure that El Toro does not become an airport."

Click here for the complete letter and Campbell's reasons for taking this position.

"ONTARIO -- The Board of Airport Commissioners today will consider a plan to spend $2.3 million this year for marketing the airports in Ontario and Palmdale -- a move that comes a day after Los Angeles Mayor James Hahn called on Los Angeles World Airports to attract air service and passengers to Ontario International Airport."

"The money for marketing the airport will be expended every year and not on a one-time basis… It is part of a strategy introduced in July 2000 to increase awareness about Ontario as a cargo hub and establishing a brand name for the airport."

"'This is very big,' said Mary Jane Olhasso, the city's economic development coordinator. 'It will help create the message that Ontario is the gateway to Southern California.'"

"In May, the airports agency approved a contract with the Los Angeles Visitors and Convention Bureau as part of a $50-million effort to promote Ontario, LAX and Palmdale around the world."

"John Kness, a cargo consultant and former passenger airline schedule director, said ONT is in a good position because of the opposition to LAX expansion and limits on its growth. There are no other options except for airlines and passengers to turn to Ontario, he said. 'They have the best game in town.'" 

John Wayne passenger traffic experienced a pick up in July.  726,451 passengers arrived or departed, making it one of the biggest months in the airport's history.  Industry fare cutting and seasonal factors are probable reasons.

Calendar year-to-date passenger traffic remains 2.8 percent below the same period last year.

For the latest 12 months ending July, JWA served 7,646,190 passengers.  This is less than the 7,735,379 passengers who used the airport in the 12 months ending July 1997.

El Toro opponents point to JWA underutilization, and the stagnant pattern in JWA traffic, as arguments against building a second county airport.

"A solid majority of Orange County voters prefer a park over an airport at El Toro - but they don't believe promises that tax dollars won't be required to build it, and they don't want to pick up the tab, a new poll says. "

"Sixty-one percent back an anti-airport initiative proposed for the March ballot that calls for a large El Toro park, the poll found."

"Among the findings of The Pacific Poll, released today: Support for an airport has plateaued while undecided voters are moving toward airport opposition. In the poll of 1,444 registered voters, 35 percent said they back an El Toro airport – the same as in a UCI Annual Survey from May 2000. At the same time, airport opposition increased from 54 percent to 60 percent, as undecided voters moved off the fence."

"'I think it once again validates the premise that a significant majority of folks in this county do not want to decimate their quality of life by building an airport,' said Supervisor Tom Wilson, an airport foe."

"A majority of residents do not trust what either side says in the El Toro debate. Thirty-six percent say neither side is truthful about El Toro. Twenty-eight percent believe airport opponents are more truthful, while 19 percent say the pro-airport side is more truthful, and 17 percent don't know who is more truthful."

"Support for the park initiative is not as strong as it seems at first glance. Sixty- one percent of voters polled said they would back a park initiative if it were on the ballot today. But once those numbers were adjusted to reflect those most likely to vote in a March election, the lines of support diverged: 55 percent of those likely to vote would support the park initiative."

"The poll was conducted Aug. 7-13 in both English and Spanish. It has a margin of error of 2.6 percentage points."  For the website library of past polls, click here.

The pro-El Toro Airport Working Group (AWG) is trying to pack the house at the Board of Supervisors hearing on the El Toro Environmental Impact Report on September 4.  With their treasury fattened by close to $3 million from the City of Newport Beach, the AWG is offering:

"Free parking and breakfast" in Newport Beach and 4 busses to ferry pro-airport participants to the Board meeting. The free-spending AWG also offers "a wonderful catered lunch" since the hearing is expected to last all day.

"Speaker slips and talking points will be given to you ahead of time... Various volunteers will hold seats for you in the Boardroom", the AWG says.

Don't be surprised also to see another contingent of Inglewood residents with their "LAX No, El Toro Yes" T-shirts, bussed into Orange County on coaches paid for by an unnamed "rich guy" who backs an El Toro airport.

Opponents of an airport at El Toro also are expected in large numbers, primarily there under their own steam.  Over 1,600 residents showed up at a recent County airport presentation in Lake Forest without being offered of so much as a free cup of coffee.

It is useful to ask specific technical questions, since these can be cited in future litigation against the County's, almost certain, 3-2 approval of the EIR.

The Court of Appeals in San Diego stayed Judge James Gray's adverse ruling on the Park initiative Title and Summary.  The higher court decision effectively removes a major legal roadblock to the petition drive and allows the 160,000 signatures collected to be submitted to the Registrar of Voters for counting.  Petitions probably will be turned in on September 5.

A happy Bill Kogerman, Chairman of the initiative campaign committee said, "This is a great day for the people of Orange County and for democracy.  The law is on our side and the system works.  Despite the tactics of the pro-airport forces, it will be the voters who get to decide what happens to El Toro."

Over 2,000 volunteers participated in the drive that undoubtedly set a speed record. The 160,000 signatures were collected in less than two months.  Measure F volunteers collected 192,000 signatures but had almost 5 months to do it.

The Court, in granting the request of the initiative proponents - for relief from Judge Gray's ruling - said, "For good cause shown the Superior Court of Orange County is ordered to show cause why the relief requested should not be granted."  In other words, Superior Court Judge Gray must show the Appeals Court why he should not be overturned.  A response is unusual.

"In my view, the court would not have granted our request for a stay if they didn't believe we had a good case,'' Attorney Rob Thornton for the initiative proponents, said. "In probably 90 percent of these cases, they deny them without getting to this stage, so we're quite encouraged.''

Both sides may submit additional documents before the matter is made final but the court does not wish to hear oral arguments. "The 8/14/01 judgment of superior court directing county counsel to amend the ballot title and summary dated 6/29/01 and enjoining the registrar of voters from accepting for filing and certification any petitions that contain the ballot title and summary dated 6/29/01 prepared by county counsel, is stayed pending further order of this court."

Richard Jacobs, an anti-airport attorney, called the court's action "nearly a slam-dunk. . . . This order would not have been written if the [judges] weren't sure that the title and summary are valid."

A volunteer attorney for the initiative called this the best possible outcome in the short time that the Court had the case, is exactly what they requested from the court, and is likely to be made final. The remaining steps are "procedural".

"Key players in the El Toro airport debate say the county has turned a marathon of planning into a sprint to the finish, releasing thousands of pages of documents this week and scheduling hearings and votes before the public can understand the new material."

"Among those frustrated by the schedule heading into a final vote by county supervisors Sept. 17: county planning commissioners who were shocked to find almost no one showed up at a hearing on the plan Tuesday - apparently because key documents being reviewed had not yet been released."

"Planning Commissioner Brian Fisk, also the planning director for Westminster [said], 'I'm just disappointed that people haven't been alerted to the fact that an airport the size of Sky Harbor Airport in Phoenix is about to be dropped at the El Toro 'Y.'"

"Typically, documents like the 11,500 pages of county responses to comments from the public would be available before such a hearing. The documents were released Wednesday."  Editor: They have yet to reach my public library.

"County airport officials say they have provided enough time for review. 'In my mind, the county has exceeded all legal requirements,' said El Toro project director Gary Simon."

"But others involved in the El Toro debate … cried foul at the rapid succession of events the county has scheduled: documents released this week, a Board of Supervisors hearing Sept. 4, and a final vote by supervisors Sept. 17."

"'We are not given the time that we need to adequately address their responses and educate my people back in Washington,' said Jon Russell, regional spokesman for [ALPA], the nation's largest pilots' union, which does not oppose an airport at the former Marine Corps base, but also does not like the way the county has designed it." 

Supervisors Smith, Silva and Coad refused to appeal Judge James Gray's ruling against the OC Central Park and Nature Preserve Initiative. Smith, in particular, said he agrees with Gray and called the title "flawed".  However, the County's principal lawyer, whose office wrote the disputed ballot title, disagrees with his boss.

In an August 22 written response to the Court of Appeals, which is reviewing Judge Gray's controversial ruling, County Counsel minced no words.  "Respondent Orange County Counsel, Laurence M. Watson prepared the Ballot Title and Summary for the Initiative pursuant to Elections Code section 91015… Only the opponents of the Initiative have raised opposition to the Ballot Title and Summary."

Backing up his position with case law, Watson writes, "Respondents Watson and [Registrar of Voters Rosalyn] Lever submit that the Ballot Title and Summary prepared by County Counsel is true, accurate and impartial in compliance with Elections Code section 9105."

Attorneys for Bruce Nestande and the Argyros-created Citizens for Jobs and the Economy asked the Court to reject the Title, and all petitions that include it.  They argued that initiative proponents collected signatures so rapidly that they could readily replace them by the September deadline.

The Court may rule quickly, or ask for additional information.  Follow the fast moving developments here and in the website's Litigation section.

"The county's plan to build an El Toro airport underestimates traffic and relies on roadwork that hasn't been funded or approved, according to state highway department documents released Wednesday."

"Engineers say traffic as far south as Ortega (74) Highway has not been addressed in a study to be considered by the Board of Supervisors next month. 'Caltrans does not believe the mitigation measures presented ... will mitigate the project impacts to the freeway system to an acceptable level,' wrote Robert F. Joseph, a planning manager for the California Department of Transportation."

"Bob Peterson, county El Toro transportation manager, said an unfunded state program to make freeways more efficient without major construction is expected to get money in future years 'and is an appropriate way to address congestion and choke points, in our opinion.'''  Editor: Emphasis is ours.

"Metrolink officials expressed concern that airport traffic on Sand Canyon Avenue would cause 'tremendous' problems with traffic and safety. The county said that if future studies show a need, it will help pay for a bridge to separate train and road traffic there."

The CALTRANS letter was one of thousands included in comments on EIR 573 that were released yesterday. Other questions from residents, and the County responses, are being posted on a new Message Board thread, EIR 573 Q and A.

Today, attorneys filed a letter with the Court of Appeals, pointing to three additional flaws in the Judge Gray ruling against the Park initiative petitions. The "new facts demonstrate that this Court must act to preserve the integrity of the initiative process by vacating the decision of the Superior Court."

1.  "The Superior Court Considered the Wrong Initiative Title."

"The Reporter’s Transcript of the July 31, 2001 hearing … reveals that the Superior Court based its decision on the [unofficial name, or] title assigned to the Initiative by the Initiative proponents when the Court [only] should have considered the title prepared by County Counsel [which appeared on the petitions]."

"The Superior Court stated the following: 'Well, Let’s see what is really happening here.  We have a Title, 'The Orange County Central Park and Nature Preserve Initiative.' That is flat out misleading in itself.  That not only implies, it states that there virtually won’t be a building on it.  I know that’s an exaggeration, but it certainly doesn’t say that there is going to be any other form of usage in the title itself."  (Reporter’s Transcript, p. 20.)

The Title which appears on the petitions, prepared by County Counsel, is as follows:  "Initiative to (1) amend the Orange County General Plan to designate unincorporated territory within the closed El Toro Marine Corps Air Station (“MCAS El Toro”) for nature preserve, park and other open space uses, and (2) repeal the earlier initiative that designated much of the same area of MCAS El Toro for civil aviation uses." It is the only Title that Judge Gray should have considered.

2.  "The Majority of the Board of Supervisors Who Oppose the Initiative Are Preventing County Counsel From Adequately Defending the Title and Summary."

"… The Board of Supervisors, in a 3-2 vote, rejected the recommendation of the Orange County Counsel and decided not to file an appeal of the Superior Court decision.

"Supervisor Chuck Smith (an Initiative opponent) is quoted [in the OC Register] as providing the following explanation of why the three-member majority of the Board of Supervisors decided not to allow County Counsel to appeal the Superior Court decision: 'I’m very much in favor of not allowing [the Initiative] to go on the ballot,' Smith said.  'And I’m very much in favor of having an airport.'”

"This statement confirms that the pro-airport majority of the Board of Supervisors is using their power over the County Counsel to preclude the voters’ exercise of their constitutional initiative rights – solely for political purposes."

3.  "County Counsel Carried Out Secret Discussions Regarding the Title and Summary With the Nestande Real Parties and With the Anti-Initiative Members of the Board of Supervisors."

"There is dramatic new evidence indicating that County Counsel carried out secret discussions with the Nestande Real Parties and the anti-Initiative members of the Board of Supervisors.  Within the last few days, Petitioners obtained a copy of a memorandum (the 'Woocher Memorandum') dated June 20, 2001 sent [from Nestande's attorney] to the County Counsel… [and] to two members of the Board of Supervisors [Smith and Silva] who are opposed to the Initiative."

"The Woocher Memorandum outlines a proposed approach to the County Counsel’s title and summary.  Despite the obvious importance of the Woocher Memorandum, County Counsel failed to provide a copy of the Memorandum to the Petitioners and failed to advise Petitioners that County Counsel was conducting secret discussions regarding the title and summary with the Nestande Real Parties and with the members of the Board of Supervisors who opposed the Initiative."

Initiative supporters expect to hear from the Court of Appeals in several days.  A favorable decision will enable over 160,000 signatures collected to date to be counted.

"Organizers of an alternative runway plan for an airport at the closed El Toro Marine Corps Air Station are ready to hit the streets to gather names for their proposed countywide ballot measure… The so-called V-plan would realign the airfield's two crossbar runways into a "V" pattern. The east-west runway would be removed and moved to the northwest."

"Group members are now backing off promises to have the initiative on the March ballot. The group must submit 71,206 valid names to get the initiative put on a county ballot… Getting on the March ballot -- when a South County alternative to build a park at the base instead of an airport could go before voters -- has become highly unlikely."

"The county's Board of Supervisors could also put the initiative on the ballot, but Supervisor Tom Wilson has said he doesn't expect that to happen."

"While a handful of elected officials have voiced support for the V-plan, there are powerful forces against it. County airport boosters, Newport Beach and South County anti-aiport leaders have all said they oppose it. County airport planners studied the V-plan in their environmental review of a 28.8-million annual passenger airport at the base, but discarded it as unworkable."

Petition Drive Chairman Jim Davy is asking for volunteers to turn in all signatures they have collected -–including partially completed petitions – by September 3 to allow sufficient time for counting, packaging and delivery to the Registrar.

The next "El Toro Facts" road show will be presented on Thursday evening, August 30 in Yorba Linda. If you have good technical questions that did not get answered at the Anaheim or Lake Forest meetings, this is the next opportunity to ask them of the County consultants.

The Board of Supervisors will hold a public hearing on their El Toro Airport Environmental Impact Report on September 4, possibly lasting all day.  This is the time for public statements to the Supervisors regarding the airport plan.  Questions are unlikely to be answered.

For times, places and other important dates, check the website's Meetings Calendar regularly.

Tomorrow, County Counsel will issue a title and summary for an initiative that attempts to dramatically alter the County's airport plan. If the proponents of the "Reasonable Alternative Airport Initiative", Charles Griffen, Russ Niewiarowski and Bob McGowan are successful, their airport plan will be on the March ballot in head-to-head competition with the Orange County Central Park and Nature Preserve Initiative.

It's a long shot. It is unlikely that their plan, or any airport plan, has enough volunteer support to collect the necessary signatures in time to make it to the ballot.

Failing that, they may ask the Board of Supervisors to give them a free ride onto the ballot without the need to gather signatures. Three supervisors can do this.

However, the pro-airport supervisors oppose the so called V-Plan since it turns the County's aviation plan on its head, forcing planes to land, rather than take off, over the mountains to the north of El Toro. If approved, it could delay the federal base transfer by requiring a new environmental study.

Consequently, any agreement by pro-airport supervisors to put the plan on the ballot can only be viewed as a cynical effort to confuse and siphon some voter support from the more popular Central Park initiative.

For a complete description of this airport plan visit the proponents' website.

"Last week, Daily Pilot Editor Tony Dodero sat down with Silva in his office in downtown Santa Ana to discuss his new assignment and his plans for Newport Beach and how to tackle its biggest issues."

"If the Great Park initiative does make it on the ballot, what will it take to defeat it?"

"I think the stakeholders that want the airport will have to become actively involved. Not just the residents of Newport Beach, but the passengers at John Wayne that are tired of paying in excess of $500 to fly round-trip to Sacramento."

"If it wins, does that effectively end any plans for an airport at El Toro? If so, what will the county do?"

"If the initiative wins, the way I understand it, it will overturn Measure A and an airport will no longer be an option for the county. The county would have to exit the process and let the surrounding cities take over the land. The county can't afford to build and maintain a park. The county still has close to a billion dollars from the bankruptcy that we have to pay off."

"Building a commercial airport at El Toro would probably worsen air quality, according to the latest version of the project's environmental report released Friday."

"The new report said diesel engine exhaust during airport construction would result in short-term concentrations of dust and nitrogen dioxide levels. The amount of pollutants would exceed state standards but fall within federal standards, the report said.  Officials said another change in the air quality findings was due not to new data but to a typographical error in the original document." See prior EIR admissions on air quality impacts from operating the airport.

"Gary Simon, the El Toro program manager, said the county plans next week to release the report's comments section, which includes more than 8,000 answers to questions submitted by the public during the environmental study."

"On Sept. 4, the Board of Supervisors is planning the first of two hearings on the report, Simon said." 

CSUF "is poised to become the state's fifth-largest university."

"Coping with rising enrollment... the school is also negotiating with the county to lease office buildings at the closed El Toro Marine Corps air base, which it hopes to convert this year and begin using as a satellite campus by 2002."

Editor: A major land use component of the Orange County Central Park and Nature Preserve Initiative is an Education/Park Compatible section along the west and south borders of the property which will be used for schools. 

"Anaheim Councilwoman Shirley McCracken, an El Toro airport advocate, confirmed Thursday that she is considering a run for the Board of Supervisors to replace Todd Spitzer, who plans to run for Assembly in 2002."

"Although it's too early to take out candidacy papers, McCracken is not the first to declare interest in a seat on the board. Assemblyman Bill Campbell (R-Villa Park) also has expressed a desire to succeed Spitzer, should Spitzer win election to Campbell's seat in the Legislature... Campbell, who is losing his Assembly seat because of term limits, prefers … the so-called Great Park, over an airport at El Toro."

"Voters still must approve Spitzer's Measure V, the charter initiative on the March ballot that would allow 3rd District voters to elect his successor if he wins. Under existing law, Democratic Gov. Gray Davis would appoint Spitzer's replacement, possibly a Democrat."

"The new supervisorial district boundaries approved this week by the Board of Supervisors have moved Irvine, which has led the fight against an El Toro airport, from Supervisor Tom Wilson's 5th District to Spitzer's 3rd District."

Editor: Orange City Councilman Mike Alvarez is frequently mentioned as another anti-airport possibility. No matter how much money pro-airport groups pour into the campaign, it would be difficult for a pro-airport candidate to be elected in the district that includes Irvine. If the governor appoints Spitzer's replacement, the outcome is less clear.

This week, Fullerton Councilman Chris Norby, an El Toro airport opponent, also said he is thinking about a run for supervisor. The change in district boundaries moved Norby's Fullerton residence ... into that of board Chairwoman Cynthia P. Coad, who is pro-airport.

The appeal of Judge James Gray's adverse ruling against the OC Central Park and Nature Preserve ballot title is moving quickly.  Even though Supervisors Smith, Silva and Coad refused County Counsel's request to join the appeal, attorneys for the initiative proponents are pushing the case along.

Attorneys for the Bruce Nestande group that filed the lawsuit were granted until August 22 to respond. The San Diego Appeals Court has been made fully aware of the September deadline for filing signatures.  To follow this and other lawsuits, check the website's Litigation Section.

Close to 2,000 anti-airport citizens turned up at the Saddleback Church Wednesday night to sound off.  After an anti-El Toro rally outside the church, attendees filed inside for a presentation from county staff.  Supervisors Todd Spitzer and Tom Wilson were the hosts and moderators.

A couple of Paul Hutchins photos of the event have been added to our picture gallery.

Jim Davy reported to the cheering, sign-waving rally that over 160,000 signatures have been gathered for the Orange County Central Park and Nature Preserve Initiative.  A busload of Inglewood residents provided their own "LAX No, El Toro Yes" counter demonstration.

Inside the huge hall, the presentations were more restrained, at first.  Then, part way through a half-hour pro-airport pitch, presenter Tom Wall said, of El Toro, "We can dig it up and create another project." The audience broke into hearty applause.  Wall immediately countered with, "That will be the decision of the Board of Supervisors… That's what we elected them to do."  For the first, and one of the few times in the evening, boos resounded through the huge hall.

Opening the forum to questions from the audience, Supervisor Tom Wilson called on the panel of county consultants to "answer the questions honestly, clearly and completely.  If you lived in our houses, will you be satisfied with the information you are providing tonight."  As the evening progressed, it was evident that neither Wilson, nor Supervisor Todd Spitzer were happy with some of the information and asked the consultants to be more specific.

The two Supervisors attempted to direct questions and the answers towards material in Environmental Impact Report 573, which will be released in a few weeks. Repeatedly, the County planners told the audience to go to the public library to read the report when it is done.

A consultant from P&D Aviation, the airport prime contractor, dismissed a question about whether the AirLine Pilots Associations approved of the county plan. "We can't speak for the people who responded from the pilots association."  Gary Simon, Director of the County Master Development Program took it a step further.  "The pilots say a lot of things.  The pilots do not approve our plan, the FAA does."

At one point, Simon and his consultants stated that none of them had seen the FAA airspace analysis.  This left some wondering how they would complete an EIR and airport master plan without it.

A resident asked whether the EIR considered the impact on quality of life that results from changing the community from one that is high-tech based to one that is a transportation service based society.  Simon brought howls of derision from the crowd by replying that, "EIR's don't look specifically at quality of life."

One of a very few pro-airport questions came from a Santa Ana Heights resident, who did not want John Wayne Airport expanded.  Spitzer answered that "Measure F would have prevented it.  We have the momentum because we don’t have a double standard."

Spitzer ended the long evening with a reference to the Orange County Central Park and Nature Preserve Initiative.  "On March 5, we will change the landscape of this County forever.  We know best, we know what we want, and we will have that for our children."

"County supervisors shot down a request by their top attorney Tuesday and voted, 3-2, not to appeal a court ruling against petitions for an initiative to build a park instead of an airport at El Toro."

"County Counsel Laurence M. Watson and County Executive Michael Schumacher recommended that the county appeal the decision… But supervisors - voting along the usual El Toro split - told Watson not to defend his work further."

"'The major reason was, it's already being appealed, so why should the county spend money?' said Supervisor Charles V. Smith, who favors an El Toro airport. Smith said he agrees with the decision of Orange County Superior Court Judge James Gray that the official title and summary of the initiative were flawed."

"'I'm very much in favor of not allowing that to go on the ballot,' Smith said. 'And I'm very much in favor of having an airport.'''

"Supervisor Tom Wilson, who opposes the airport, said the board majority put airport politics above defending the county legal staff's credibility. 'If the county counsel is being challenged publicly by a judge, and if he feels he has performed his task, then he should be allowed to take issue with that, ' Wilson said. 'I see it as the board making self-serving decisions, or decisions that are issue-driven, instead of listening to the good, sound advice of employees who report to us.'''

Similar LA Times coverage in the Early Bird section.
Post your reaction and comments in the Pending Litigation thread.

Supervisors Smith, Silva and Coad let pro-airport politics over ride any slight concern that they might have for the will of the people. They refused to join an appeal of Judge James Gray's ruling that the Park Initiative Title and Summary - prepared by County staff- was invalid.  The three pro-airport supervisors ignored the recommendation of their own County Counsel and County Executive Officer.

Pro-initiative attorneys were not troubled by the Supervisor's predicted unwillingness to join the appeal.  The request to overturn Gray has been moved to the Court of Appeals in San Diego where preliminary action is expected next week.

"A longtime north Orange County political figure is considering a challenge to Supervisor Cynthia Coad - fueled in large part by his belief that an El Toro airport is not necessary and that north-county voters will back a candidate who stands for that."

"A victory next year by Chris Norby, a Fullerton city councilman since 1984, could shift the balance of power on the Board of Supervisors, currently 3-2 in favor of an El Toro airport."

"Norby, 51, [created] a surge of interest by his letters to the editor published last week saying north county is not as pro-airport as it is often portrayed.  Norby said he believes most north-county voters are not airport supporters, saying, 'Most people in Fullerton, to my knowledge, are against it or don't care.' About 58 percent of Fullerton voters backed the anti-airport Measure F, which was approved in March 2000 with two-thirds support countywide."

Coad's 4th District voters supported Measure F by more than 60 percent.

"Norby said he will decide whether to run after assessing his ability to raise money - and after county supervisors take their final vote today on proposed supervisorial boundaries that would move Fullerton into Coad's district."

"Coad, 67, said she expects to win re-election and that the fate of the former El Toro Marine base - perhaps the most polarizing issue in the county today - will not influence the race. 'I don't think it will make any difference,' Coad said of El Toro and the possibility that Norby - or anyone else - might challenge her as an anti-airport candidate." 

Opponents of an airport, and supporters of a great park at El Toro, will rally tomorrow night, Wednesday, at 6:30 PM outside of Saddleback Church in Lake Forest.  After the short rally to hear updates from leaders of the anti-airport movement, they will file into the church to view displays, hear a county-sponsored presentation and ask questions of county planners and consultants.

The public forum will be held at the Saddleback Community Church, 1 Saddleback Parkway, Lake Forest as part of a series of such meetings around the county.  Anti-airport Supervisors Tom Wilson and Todd Spitzer are hosting this event so that their constituents can ask tough questions and express their concerns.

Website Editor Len Kranser chides the unrealistic Register position, that "repeatedly … urges that El Toro be sold 'to the highest bidder and let the market determine the best uses of the property.'"

"I called the editorial writer to question how this could possibly be accomplished, when the County General Plan specifies the permitted land uses. I was told that Congressman Chris Cox thinks that it can be done. If so, we'd like to know how the auction would be run."

The editorial examines the alternatives for El Toro and asks, "Do the people of Orange County want the future use of this land, in heart of the County, left to bureaucrats and the wishes of the high bidder? ... The people must decide what we do with the El Toro land. They should be allowed to choose between the two most likely alternatives, airport or park… jets or trees."

"To think that there will be other choices is wishful thinking. It only helps pro-airport supervisors Smith, Silva and Coad to take us further down the road to an unneeded second county airport."  Full text in the Early Bird section of the website.

"Comments posted on an anti-airport Web site recently alarmed county El Toro director Gary Simon enough that he warned the Board of Supervisors and the sheriff about them. 'The postings indicate planning for large-scale demonstrations with potentially violent acts,' Simon wrote in an e-mail to county officials."

"He quoted samples from the message board at www.eltoroairport.org, including one person who wrote: 'Armed insurrection seems to be the only thing these trolls will understand. As has been said before: 'blood has been spilled in O.C. for far less.'"

"Donald Duca, who posted the 'armed insurrection' message, said the postings were just jests among message-board buddies, not threats. 'I'm goosing them,' said Duca, of Laguna Niguel."

After reading the Register story this morning, Duca posted, "Tempest in a tea pot. Mr. Simon was not prepared for the reaction at Anaheim. AWG apparently led him to believe that this would be easy. Larsen left out the part that about the resentment that we all feel about the subversion of the rights of the people to successfully petition."

In any event, county officials are nervous about the next open house… Wednesday at Saddleback Church in Lake Forest before what is expected to be a large crowd of airport foes. Anti-airport supervisors Todd Spitzer and Tom Wilson, co-hosts of the program, mailed 80,000 postcards alerting constituents to the event, Spitzer said."

"Sheriff's deputies will be there, and Spitzer vowed to run a tight meeting. 'If people want to protest and have signs outside, people are free to do what they want to do,' he said. 'But I will tell people right up front, if you're rude, violent or threatening ... you will be removed.'"

"Len Kranser, who runs the anti-airport Web site, said leaders of the airport opposition are adamant that the open house be 'an orderly rally that doesn't bring any type of discredit on the movement.'"

Kranser also told the Register reporter that the best way to defuse anger is for the County planners to answer all residents' questions honestly at the meeting.

Over 150 people, mostly anti-airport -and mostly from North County cities such as Anaheim, Placentia and Fullerton - showed up last night for the first of a series of County-run El Toro forums.  Of the 20 or more that asked questions of the staff and consultants, only 1 or 2 were pro-airport or neutral.  The reception was so icy that Program Manager Gary Simon threatened to cancel future meetings, to applause from the audience. One observer called it a "rout" of the pro-airport staff.

Supervisor Cynthia Coad led off, deriding the Great Park and calling anti-airport citizens "zealots".  At the conclusion of the meeting, three uniformed policemen escorted Coad to her car, as though she had ventured into a bad neighborhood and not the heart of her own supervisorial district.

Tom Wall spoke for 45 minutes. The lineup of county consultants on the platform said relatively little. Noise consultant Vince Mestre failing to remember what the peak decibel level was during the flight demonstration over Leisure World.

The Times quotes, "Ron Bengochea, a lifelong Anaheim resident, [who] said he believes an El Toro airport has a heavy cost. 'It's too much. Go put it somewhere else,' he told the forum panel, drawing a round of applause." The City of Anaheim has concerns about El Toro, including the possibility of overflights from the north runway.

The Register coverage headlines, "County officials get little support for pitch."  It noted that the county "likely won few converts".  The story concludes with, Gary Simon saying, "Thank you for being generally well-behaved," … with a smile and a look of relief."

The next in the series of presentations will take place on Wednesday, August 15, 6:30-10pm, at Saddleback Community Church, 1 Saddleback Parkway, Lake Forest.  A huge crowd is invited, and expected to turn out, as the road show moves into anti-airport territory.

The website's section on Litigation is updated to include the text of the proponents' appeal of Judge Gray's ruling.  The judge ruled against the park initiative's ballot title and summary, which were prepared by County Counsel. Yesterday, Supervisors Silva and Coad refused to back their own County Counsel, who urged that they join in the appeal of the adverse ruling.

The Orange County Court of Appeals' docket indicates that this matter will be moved to San Diego, as was the Measure F appeal.

Proponents of the initiative continue to collect signatures and now have over 140,000 in what will be a record-breaking campaign to demonstrate public support for the OC Central Park and Nature Preserve Initiative.

Cartoonist Eric Lewis scores with an explanation of why airport promoters are using litigation to deny the publics' right to vote on the El Toro reuse.

"The county's top attorney wants to appeal a ruling last week that tossed out [over 140,000 and climbing] signatures gathered for an initiative to build a park instead of an airport at the former El Toro Marine base."

"County supervisors, however, deadlocked, 2-2, Tuesday on whether to approve such an appeal, which could create the unusual scenario of pro-airport county officials seeming to aid the latest effort to kill the El Toro airport."

"County Counsel Laurence M. Watson landed in the middle of the dispute because it was the work of his staff - writing the official title and summary as required by law - that was challenged by a pro-airport group in the lawsuit that led to the ruling. Though a board majority favors the airport, Watson said Tuesday he wants to appeal, and that the title and summary are proper."

"Anti-airport supervisors Todd Spitzer and Tom Wilson wanted the appeal. Their pro-airport counterparts, supervisors Cynthia Coad and Jim Silva, wanted to wait until Smith was back in town... Coad said she did not want to decide on the appeal without the full board."

"'To me, when it's such an important issue, it's just wise to have all five of us,' Coad said. 'It will be a fresh look at the situation next week.'''

Editor: How's that for leadership, Madame Board Chairperson?  No telephones to where Smith is at? More comment below. 

The Board of Supervisors met in closed session this morning and ducked their responsibility to act promptly on a motion to appeal Judge Gray's decision.

With Supervisor Charles Smith absent, neither of his two pro-airport colleagues, Cynthia Coad or Jim Silva had the moral courage to join with the two anti-airport supervisors in defending County Counsel's ballot Title and Summary and the public's right to vote on the initiative. Both Silva and Coad will be running for reelection in the March 2002 primary.

They will revisit the issue next week while the clock continues to run.  Meanwhile, attorneys for the initiative did file an appeal today, on behalf of the "real parties of interest".

Supervisor Todd Spitzer issued the following statement:

"Third District Supervisor Todd Spitzer admonished his colleagues today for their decision not to approve both County Counsel and the County Executive Officer's request to appeal Orange County Superior Court Judge James Gray's decision, which claimed that the Ballot Title and Summary prepared by County Counsel is misleading.  Judge Gray's decision invalidated more than 128,000 signatures.  Under state law, County Counsel is the only entity allowed to write Ballot Titles and Summaries. County Counsel is appointed by the Board of Supervisors. The standard of proof on appeal is to show by 'clear and convincing' evidence that the Ballot Title or Summary is 'false, misleading or inconsistent' with the purpose of the initiative (California Elections Code Section 9106.)"

"'The pro-airport Supervisors' decision not to appeal Judge Gray's erroneous decision seriously undermines the creditability and effectiveness of the County Counsel's office. Since County Counsel is charged with writing any initiative Ballot Title and Summary, the pro-airport Supervisors are also undermining the intent and purpose of state law,' stated Spitzer."

"Supporters of an urban park instead of an airport at the former El Toro Marine base will appeal a judge's ruling today that voided petitions with 128,000 signatures."

The Times article asks, "whether Judge Gray should have disclosed that he once considered hiring a political consulting firm co-owned by pro-airport consultant and campaign architect David Ellis. Ellis and his former partner, Scott Hart, said Gray met with Hart to discuss hiring the firm in 1998… The judge ultimately chose a different firm… Gray did receive a $250 contribution for his race from developer George Argyros, the airport's leading benefactor. State law allows contributions to judges of up to $250."

"The canon of judicial ethics states that judges in trial proceedings 'shall disclose on the record information that the judge believes the parties or their lawyers might consider relevant to the question of disqualification, even if the judge believes there is no actual basis for disqualification.'"

"Robert Pugsley, a professor at Southwestern University School of Law, said judges have discretion to disclose relationships if they believe those relationships might raise an appearance of impropriety later. 'The better course is always to recuse yourself,' Pugsley said. 'These questions always put a certain cloud over the integrity of the decision.'"

"Attorney Rob Thornton, representing park proponents, said Gray's possible relationship won't be raised as an issue in the appeal. He said he'll ask the court to vacate Gray's order on several grounds, including using an incorrect legal standard to determine the adequacy of the ballot title and summary."

"Meanwhile, people who want an El Toro airport but with different runway alignments on Monday presented their proposed initiative language to county officials for review. The new proposal to realign proposed runways, dubbed the Reasonable Airport Alternative, [V-Plan] is starting late to collect signatures… If proponents don't qualify for the March ballot, they will try for November's, [Villa Park City Councilman Robert E.] McGowan said."

The Daily Pilot reports that, "The [McGowan] group also applied for a 30-day extension to continue gathering names. They are not expected to get it, Registrar Rosalyn Lever said."

The OC Register says, "Board Chairwoman Cynthia Coad was noncommittal about the [V-Plan] initiative filing Monday. 'After the certification (of environmental studies) and the Federal Aviation Administration report, there might be some changes that would be made,' said Coad", repeating her previous position - which airport opponents have dubbed a potential "bait and switch".

Tomorrow, Tuesday, attorneys for anti-airport groups ask the Court of Appeals to overturn Judge James Gray's recent adverse ruling. The judge ruled that a County-prepared Title and Summary for the initiative is invalid. State law requires that the County Counsel, and not the initiative proponents, must prepare this "impartial" summary. By law, the Title and Summary appear on every petition for the O.C. Central Park and Nature Preserve Initiative.

The judge saw no problems with the initative itself.

The initiative committee expects the Appeals Court to uphold the adequacy of the existing Title and Summary.  If so, more than 129,000 signatures that have been collected can be counted. 71,206 valid signatures are needed to qualify an initiative for the ballot.

Bill Kogerman, Chairman of the committee said, "It is obvious that pro-airport special interests, and the three pro-airport supervisors, know that they will be beat at the polls. They are using every imaginable trick to try to keep the people from voting on this popular initiative.  We expect more desperation lawsuits from them."

County Counsel took a total of 37 days to produce the Title and Summary, thereby slowing the signature gathering.  Then, county lawyers failed to adequately defend their drafting of the summary when challenged by a pro-airport lawsuit in front of the Newport Beach-resident judge. Airport opponents, including Supervisor Todd Spitzer, strongly criticized the County for abandoning its responsibility to protect the people's right to vote.

Some citizens are demanding that the County conduct a vigorous defense at the Appeals Court level.  However, the Board of Supervisors decides whether the County will do so, and pro-airport Supervisors Smith, Silva and Coad appear anxious to keep the Park initiative from the voters.

The court stenographer, who recorded the hearing in Judge Gray's courtroom, left immediately on vacation.  However, pro-initiative lawyers say this will not delay the appeal process. The court has broad discretion to put the initiative on the ballot, either in March as originally scheduled, or even to order a special election on the initiative. For more information see the Question and Answer sheet.

Message Board thread.

"A recent KCRW/89.9 FM debate on El Toro drew a raucous crowd of about 500 -- including about 50 whose bus from Inglewood to Irvine was paid for by an anonymous El Toro airport backer."

"Mike Stevens, head of LAX Expansion No! -- which sees an El Toro airport as a key to less growth at LAX -- refused to name the donor."

"'It was a guy who called us,' Stevens said. 'This was a rich guy -- I could tell, because I saw his watch. I thanked him and I gave him a T-shirt.'''

"So who was the mystery man? Stevens isn't telling. David Ellis, a pro-airport consultant, said it wasn't him, or anyone of whom he knows."

"Which leaves us at this: keeping an eye out for a guy with an expensive watch wearing a T-shirt that says 'LAX No! El Toro Yes!'"

The politicians and bureaucrats take the weekend off and give us respite from their mischief.  The weekend belongs to the people collecting signatures for the OC Central Park and Nature Preserve Initiative and posting letters in the newspapers. (Except for the Register, which fires off its own editorial attacks on the park and airport and then clams up.)

A Steve Smith column in the Daily Pilot and several letters in the Times are all the El Toro material we have to read about this weekend.  Read them in the website's Early Bird section.

Bless Costa Mesa columnist Smith who writes, "The Airport Working Group presentation Tuesday night at the Lions Park Community Center was billed as 'the most important community meeting of 2001,' but it drew only a small audience. Costa Mesa residents saw through the headline and spent their time elsewhere."

"The [AWG] working group is not optimistic about the chances of stopping John Wayne's expansion. The fact is, if John Wayne's capacity is increased they will have to bear a large part of the blame. The working group, along with other pro-El Toro forces, has put all of its eggs in the El Toro basket and stubbornly refused any solution except a big, smelly, noisy airport nine miles away."

Meanwhile, we do urge residents to attend the big meeting on August 15 at 6:30 PM at the Saddleback Community Church, 1 Saddleback Parkway, in Lake Forest.  Supervisors Wilson and Spitzer have asked County airport planners to come to South County to try to explain what it is that they are proposing for El Toro, and why.

See a Q and A sheet from the Citizens for Safe and Healthy Communities, with more information on the current situation.

News that the Argyros-backed Citizens for Jobs and the Economy convinced a judge, who is a Newport Beach resident, to reject a County prepared Title and Summary for the Park initiative, has angered supporters of the initiative.  Reaction was a mix of suspicion of a pro-airport conspiracy, a need to know what happens next, and determination to bring the measure to a vote of the people.

Petition drive captains rallied Thursday afternoon for a briefing at the campaign office. E-mail and phone calls to pro-initiative leaders have been overwhelmingly supportive. Typical reaction, in the messages received by this website, was, "I will be back gathering signatures at Costco on Saturday".

If there is any delay by the Courts, proponents vow to collect the larger number of signatures needed to call a special election soon after the March primary.

At a large fundraising dinner in Laguna Niguel last night, talk focussed on the devastating impact of an airport on the community.  No one seemed deterred from giving financial support to the continuing defense of the park initiative. The reaction was, "We will not quit."

The ballot Title and Summary, written by County Counsel, in accordance with State law, and required on every petition, is considered by initiative proponents to be a satisfactory digest of the initiative. However, County lawyers failed to defend it adequately when challenged by the pro-airport group.  One observer likened it to "The foxes guarding the hen house."

Initiative proponents have no confidence that the County lawyers will do any better if asked to write a different summary for the initiative.

Without a Title and Summary that quickly will pass muster with Judge Gray, there is no way that new petitions can be printed and circulated. Hence the decision to stay with the present petitions and appeal the judge's ruling. An appeal will be filed immediately. Several other options are being evaluated.

"In the past month, about 128,000 people signed the latest initiative petitions to build a park instead of an airport at El Toro, its backers said Wednesday, a day after a judge invalidated the petitions."  71,206 valid signatures are required.

"The judge ruled that there were errors in the legal description of the measure…. which by state law (was) prepared by county attorneys "

"'We thought in view of (Tuesday's) development in court that it was important for the public to understand how tremendously popular this initiative is,' [Spokesman Len] Kranser said.

"'The other side can file all the lawsuits they want, but we are determined to get the question of whether El Toro becomes an airport or a park before the voters,' he said."

"Their hopes for that on the March ballot now shift to an appeals court, where they will seek to reverse the decision of Orange County Superior Court Judge James Gray."

"Kranser said the campaign will continue to gather signatures on the expectation that they will win the appeal." 

Today, proponents of an initiative to convert the closed El Toro Marine base into an Orange County Central Park announced that they have collected far more than the required number of signatures to qualify the measure for the March 2002 ballot.  A signature drive, conducted by hundreds of volunteers, has collected approximately 128,000 signatures in four weeks, breaking all speed records.  Just over 71,000 valid signatures are required.

A pro-airport group has filed suit, contending that the Title and Summary prepared by the County Counsel's office, for inclusion in the petitions, is invalid.  A lower court judge found no fault with the initiative but ruled that the County's work was flawed.  County attorneys failed to adequately defend what they had written for the summary.   The matter now will go to the Appeals Court to decide.

Jim Davy, Petition Drive Chairman said, "This drive to let the voters decide what becomes of El Toro is unstoppable. Our volunteer network has met overwhelming support from the community.  People are signing faster than during Measure F and we've collected, in four weeks, what took us several months to get in our last campaign. We'll just redouble efforts now."

"We will not let the will of the people be thwarted by pro-airport special interests.  The other side knows that the initiative will win at the ballot box, when the voters have a choice between a park and an airport. Airport promoters are desperately using litigation as their only way to try to prevent the people from having their say."

The Orange County Central Park and Nature Preserve Initiative will change the land use plan for El Toro from commercial airport to a popular mix of parks, schools, health care facilities, cultural sites and recreational uses. The project will be financed over time by a mix of state and federal bonds, user fees, philanthropic contributions and revenue from leasing now-idle Marine base housing and other facilities.

Volunteers can call the campaign office at 949-768-4583.

See our report from yesterday, below. The full text of today's newspaper comment is included in the website's Early Bird Edition.

Note that the judge did not find any fault with the Orange County Central Park Initiative, only with the Title and Summary prepared for it by the County.

The impact of his ruling is potentially on the timing to bring the popular measure before the public for a vote. However, initiative backers are still shooting for the March 2002 election and expect that the Court of Appeals will rule that all signatures collected to date are valid.

The OC Register reported the following reaction, which is typical of the feelings of the thousands of volunteers working to realize this project:

"Proponents of a park at the former Marine base may get discouraged by the ruling, said John Phelan, the petition drive's Laguna Woods area captain. But he said most won't. 'I would say there will be more who will rise up in anger,' Phelan said."

"'I think if anything, it will strengthen us," said John Berry, the Aliso Viejo area captain for the petition drive. 'Most people know that the lawsuit came from George Argyros' camp,' Berry said of the Newport Beach businessman who has bankrolled the drive for an airport. 'They see this as an attack against something that the people are behind.'"

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