NEWS - September 2002
Today's Headlines
- click on date for full story
OC Register September 30, 2002
"Nestande post stirs enemies' 'concern' "
"The war is over but the enemies still don't like each other".
LA Times, editorial, September 29, 2002
"Davis' 1-2 Punch Helps O.C."
The Press-Enterprise, September 26, 2002
"Agency [SCRAA] has wings clipped"
El Toro Info Site report, September 26, 2002 -
updated
Tustin bidding closed
Daily Pilot, September 26, 2002
"Newport Beach City Council Wrap-up"
"Airport Education Grant"
El Toro Info Site report, September 25, 2002
A talk with Joe Kerr about Measure V
OC Register, September 25, 2002
"PR campaign for Great Park Okd"
El Toro Info Site Report, September 24, 2002
Nestande appointed to SCAG Aviation Task Force
OC Register, September 24, 2002
"Suit challenges Measure V"
OC Register, Buzz, September 23, 2002
"Dirtiest, most expensive campaign"
LA Times, September 22, 2002
"Let El Toro Airport Die in Peace"
Daily Pilot, September 21, 2002
"Report shows no irregularities"
OC Register, September 21, 2002
"Davis vetoes airport bill"
"Torrance assemblyman's bill was an attempt to make Orange County
meet more air traffic demand."
El Toro Info Site report, September 20, 2002 - updated
Governor Davis vetoes AB2333
OC Register, September 20, 2002
"Coad's husband joins race for supervisor seat"
OC Register, September 20, 2002
"Davis puts high-speed rail on track"
El Toro Info Site report, September 19, 2002
Bits and Pieces
LA Times, September 19, 2002
"Vote to Zone El Toro as Park Upheld"
El Toro Info Site report, September 18 - update 5:00
PM
Measure W is big winner in court today
Daily Breeze, September 18, 2002
[LA City] Council backs bill to limit LAX
El Toro Info Site report, September 17, 2002
Impact of federal study unclear
El Toro Info Site report, September 15, 2002
Newport Papers - Chapter 6
Waiting for the audit
El Toro Info Site report, September 13, 2002
Tustin bidding continues
Daily Bulletin, September 12, 2002, posted September
13
"ONT works on master plan"
"First phase nearly finished"
El Toro Info Site Report, September 13, 2002
What's up with Measure B?
El Toro Info Site report, September 11, 2002
Tracking Newport "No on W" money
El Toro Info Site report, September 9, 2002
Nestande and CJ&E must pay $276,608
El Toro Info Site report, September 8, 2002
The Newport Papers - Chapter 4
El Toro Info Site report, September 7,
2002
The Irvine Papers - AWG fights back
Daily Pilot Community Commentary, September 6,
2002
"Airport funding was set aside to educate, not
defeat"
LA Times, Glendale, September 6, 2002
"Taking railways to get to the airways"
"Travel connections [to Burbank Airport] will be easier via program
linking Southwest Airlines, Amtrak, Metrolink"
Orange City News, August 15, 2002, Website posted
September 5, 2002
"Candidates prepare for [Orange] council race"
El Toro Info Site report, September 4, 2002
The Newport Papers - Chapter 3
OC Register, September 4, 2002
"Light rail spurs heavy debate"
LA Daily News editorial, September 3, 2002
"Peace in Burbank"
El Toro Info Site report, September 3, 2002
The Newport Papers - Chapter 2
Psychological Science, September 2, 2002
Airport Noise May Be Bad for Kids' Memory
Daily Pilot, September 2, 2002
"Residents ask, 'whose flight is it anyway?'"
"Officials at both John Wayne and Long Beach airports are denying
any responsibility for increased air traffic over Costa Mesa"
El Toro Info Site report, September 1, 2002
The Newport Papers
"The appointment of El Toro airport backer Bruce Nestande to the aviation task force of the Southern California Association of Governments is creating a stir in anti-airport circles. The aviation task force, on which Nestande is serving as a non-voting representative of the Los Angeles Business Advisors group, will work on recommendations on how Southern California airports can handle future growth in air travel."
"'It concerns me knowing Mr. Nestande's track record that this is an end run by a group of pro-airport people once again to circumvent the will of the people of Orange County,' said Lake Forest Mayor Richard Dixon, who said he would like to see Nestande removed or an anti-airport type appointed as his counterpart."
"Nestande said the airport foes are mistaken about the role he will play on the panel. 'That forum is not going to become an El Toro battleground,' he said. "El Toro, unless something unusual happens, it's not on the drawing board. I guess they can't realize when they have achieved their goal.'"
"Like Nestande, anti-airport activist Len Kranser has moved on to his next gig: as author of a handbook for Internet activism. In the months after the March 5 election in which Measure W knocked off the El Toro airport, Kranser . . . banged out a book so that others might do the same. 'Internet for Activists' explains its purpose in its subtitle: 'A Hands-On Guide to Internet Tactics Field-Tested in the Fight Against Building El Toro Airport.'"
"The book is available online, through Web sites such as Amazon.com and BarnesandNoble.com, but it is also on the shelves at the Borders Books in Mission Viejo. On Saturday, Kranser will sign books from 2 to 4 p.m. at the store, 25222 El Paseo."
"AB 2333 was nothing more than a heavy-handed attempt to pump new life into the proposed airport at El Toro. It's time for park opponents to join Correa, a longtime airport advocate who urged Davis not to sign the bill because, 'at this point, we need to move on and bring some utility to this base.'"
"Supporters of AB 2333 had hoped to force Orange County to provide its fair share of future airport capacity by turning El Toro into a commercial airport. The bill would have punished the county for its failure to create a commercial airport by threatening a cut in aviation funding. Davis, though, saw the bill for what it was: outsiders trying to tell a county what to do."
"Davis' decision not to sign AB 2333 came two days after a Los Angeles judge threw out a challenge to the parks plan that voters had approved in March. News of the judge's ruling, coupled with Davis' decision, sparked observations that the long-running airport debate finally is over."
"Ten years of constant haggling over the fate of the closed base clearly is enough. Let's hope that remaining holdouts get the message that the war over El Toro is over."
Click here to write to the
Times. It is time for city councils in North County to abandon
their litigation and lobbying for El Toro airport. Anaheim, Buena Park,
Costa Mesa, Cypress, Garden Grove, La Habra, Los Alamitos, Placentia, Seal
Beach, Stanton, Villa Park, Westminister, and Yorba Linda have no place
in what has largely been a Newport Beach-driven effort.
"The Southern California Regional Airport Authority, with members from four counties and the City of Los Angeles, is caught in a bureaucratic tangle, unable to do anything because its members do not show up for meetings."
"Riverside County, frustrated by a lack of progress, is leaving the group, and Los Angeles city and county appear to have lost interest. Only San Bernardino and Orange counties remain active."
Website Editor: Supervisor Charles Smith is the pro-airport Orange County representative to SCRAA, SCAG, and OCRAA. Former Newport Beach Assistant City Manger Peggy Ducey is the group's Executive Director.
Click
here for the entire article.
El Toro Info Site report,
September 26, 2002 -updated
Tustin bidding closed
The General Services Administration closed the bidding on 235 acres at the 1,600 acre former Tustin Marine base this afternoon.
The aggregate bids for three parcels totaled $208,500,000 or an average of $887,000 per acre. The top bidder for all three was a partnership of Lennar Homes and William Lyons Homes. Escrow will close in about 90 days.
Let the bidding begin on El Toro and put an end to airport scheming.
"The $3.6-million grant awarded to the Airport Working Group and Citizens for Jobs and the Economy last year for airport education was the subject of a specially scheduled discussion among council members and the public. A presenter for accounting firm Vavrinek, Trine, Day & Co. LLP discussed the findings of a survey of the group's expenditures. About 74% of their reported expenses were reviewed by the firm, which found no irregularities."
"Councilman John Heffernan said that, in the future, such grants should benefit from the efficiencies of competitive bidding. He also said it might be improper that one of the largest recipients of grant money, Dave Ellis, has worked on council campaigns for council members who approved the grant. Ellis and his firm received about $458,000 for consulting, advocacy and other professional services.'I suggest that there's an appearance of conflict there,' Heffernan said.
Website Editor: The presenter noted a related party expenditure regarding the AWG executive director for legal work. Of $250,000 given to Barbara Lichman's law firm, $207,000 is still in a trust and unspent.
AWG Presdient Tom Naughton said that he did not receive notice that Newport Beach wanted his group to stop spending money after Feb 12. Approximately $500,000 of the grant was spent after that date when Councilmember Glover asked the council to stop the spending.
The matter appears to have ended in Newport Beach with a whitewash and without the city getting back unspent or improperly used funds. Click here for the City Managers' memo to the Council. Click here for the minutes of the meeting.
Joe Kerr is spokesman and plaintiff in the lawsuit to overturn Measure V. He is President of the Orange County Professional Firefighters Association that opposed V in the election. I called him and we openly discussed the questions that seem to concern viewers of this website.
Kerr was emphatic that the lawsuit against Measure V has nothing to do with El Toro airport or Newport Beach. It has to do with concerns about government process.
When asked for more specifics as to why his union members oppose V, his referred to retaining state protection for public employees' jobs and benefits. The lawsuit states that "charter counties have the power to change . . . the pay scale, vacation, pension and other retirement benefits of [its] employees." He cited the contemplated privatization of public service jobs as a threat. Privatization of paramedic service by the county was considered in connection with a previous post bankruptcy era charter plan.
Three of the four plaintiffs in the lawsuit are public employees. The fourth is an organizer for the steam fitters' union.
If Measure V were not in effect, the governor would fill a supervisorial vacancy by appointment. Kerr is a possibility for such an appointment if Todd Spitzer leaves for the Assembly.
He noted that an appointee does not need to live in the district that he represents but eventually would have to move there to be reelected to the position. He lives in Coto de Caza in the 5th District. Spitzer holds the 3rd District seat.
Kerr brought up the recent gubernatorial veto of the Nakano bill to illustrate that the governor respects the wishes of the majority of Orange County residents concerning El Toro. He sees no risk to the anti-airport side in an appointed supervisor. Kerr said he personally abides by "the will of the people."
When asked why the lawsuit was filed so long after the March election, he said it has taken "this long to study" the legal situation.
Kerr did not discuss strategy, but one could visualize a scenario where a judge stays implementation of Measure V pending final resolution of the case. If so, the governor could appoint a supervisor as soon as a vacancy occurred and while the case is being argued. Even if the lawsuit eventually lost, Measure V was upheld, and an election was held later on, the appointee would have the advantage of running as an incumbent at election time.
For anti-airport residents, a quick appointment of the right person could mean that there would be no dangerous 3-1 pro-airport majority on the Board in December and no 2-2 split in January. Everything depends on who is appointed as the 5th supervisor.
"A $200,000 public-information plan to inform Irvine residents about the city's efforts to annex the former El Toro Marine base and develop a Great Park there was approved by the Irvine City Council on Tuesday. The plan calls for Forde & Mollrich, a Newport Beach consulting firm, to produce a video, brochures and three mailers to inform residents about community forums concerning the Great Park."
"The mailers updating residents on progress in implementing the Great Park plan are scheduled to be sent out Oct. 15, March 15 and in July."
In a move that undercuts any pretext that the Southern California Association of Governments (SCAG) is impartial in the El Toro debate, Bruce Nestande was appointed to the organization's critical Aviation Task Force. The Aviation Task Force is charged with making recommendations for the updating of the SCAG Regional Transportation Plan.
Nestande is President of the Citizens for Jobs and the Economy and the No on Measure W campaign. Both facts were omitted from the resume that he provided to SCAG in seeking the position. Nestande is named to the committee in his relatively new capacity of Executive Director of Los Angeles Business Advisors.
Viewers are urged to contact Hal Bernson, President of SCAG to protest the appointment of Bruce Nestande to the Aviation Task Force. His fax is 213-473-6925
"A lawsuit was filed Monday challenging Measure V, which gave Orange County its own charter and provides for an election to fill unscheduled vacancies on the Board of Supervisors. Before voters approved the measure in March, the governor filled such vacancies, and some worried that Gov. Gray Davis would appoint a Democrat to fill the seat of Supervisor Todd Spitzer, who is expected to be elected to the Assembly in November. The lawsuit alleges that Measure V should be invalidated because it did not go through the lengthy process of public hearings and charter committees typically used to establish a charter. Rather, the measure deals only with the issue of filling supervisorial vacancies."
Website editor: The plaintiffs in the suit are Joe Kerr, President of the Orange County Professional Firefighters Assn, Terry Martin a pipe-fitter-welder, Thomas Dominguez a Bomb Disposal Technician in the Sheriff's Department, and Carol Burke an English professor at Orange Coast College
Kerr's firefighters union opposed Measure V during the March election and took no position on Measure W.
Dominguez was Chairman of the Association of Orange County Deputy Sheriffs' Political Action Committee. The PAC actively opposed Measure F in 2000 because of its restrictions on jail construction.
The suit is brought against the County of Orange and asks that the County be enjoined from implementing the initiative. Overturning of Measure V could nullify efforts to elect an anti-airport supervisor to replace Spitzer.
Reporting on the campaign to fill Todd Spitzer's seat if he is elected to the Assembly, the Register lists Bill Campbell as "an early favorite to replace Supervisor Spitzer … but Campbell will likely get a run for his money."
Cynthia Coad's husband is in the race. "'I expect it to be the dirtiest, most expensive campaign we've seen,' said Tom Coad, a millionaire who is in the process of selecting a consultant. He said the cost of the campaign would not be an issue for him."
Dana Parsons - "When is enough enough? When will someone tell the players the game is over?"
"Can we have some closure, people? A candlelight vigil, if necessary? A group hug?"
"The classy thing for the airport crowd to do now is wish the winner well and silently walk away."
Parson's complete column can be read here.
Website Editor: I hope they get the message in the North County OCRAA cities. I don't think that the Airport Working Group and Citizens for Jobs and the Economy ever will - till their money is shut off.
"NEWPORT BEACH--The results of an independent review of how the Airport Working Group and Citizens for Jobs and the Economy spent a $3.6-million grant from the city shows no irregularities, city officials say, though it is still up to the City Council to decide if all is on the up and up."
"The review of the expenditures was done by contractor Vavrinek, Trine, Day & Co. LLP. Representatives of the company emphasized that the report is not the same as an audit."
"The report shows that the Airport Working Group has $51,887 left over and Citizens for Jobs and the Economy still has $29,965."
"City Councilman John Heffernan said he will use the issue as a launchpad to discuss how such grants are awarded in the city."
Website editor: The whitewash job begins.
OC Register, September 21,
2002
"Davis vetoes airport bill"
"Torrance assemblyman's bill was an attempt to make Orange County
meet more air traffic demand."
"Gov. Gray Davis handed die-hard backers of an El Toro airport their second defeat of the week Friday when he vetoed a bill that called for Orange County to provide more airport capacity."
"Slim hopes for an El Toro airport already had dwindled on Wednesday when a Los Angeles County Superior Court judge upheld the results of the most recent El Toro vote. Measure W in March rezoned most of the former El Toro Marine base for open space and educational uses."
"'All of these end runs that the pro-airport people are trying are one-by-one being shut off,' said Laguna Hills Councilman Allan Songstad, chairman of [ETRPA] a coalition of anti-airport cities. 'And sooner or later, everyone is going to come to realize that there's never going to be an airport at El Toro.'"
"'Obviously the airport option is in great trouble, but it doesn't mean you don't exhaust all your remedies,' [Bruce] Nestande said. 'They can pontificate now that we shouldn't, but they would - they did it for three or four years, to drag things on.'"
The LA Times headlines its report,"Last Nails in Coffin for an El Toro Airport?"
"'At this point we need to move on...' says Lou Correa, Assemblyman who was an El Toro airport advocate.' . . . 'We saw the fat lady singing with the judge's decision, and now the governor is harmonizing with her,' said Stan Oftelie, president of the Orange County Business Council, a leading backer of an El Toro airport." He said that continued pro-El Toro efforts have "a last gasp quality."
The LA Daily Breeze reports that, "Davis’ decision drew a curt response from El Segundo Mayor Mike Gordon, who said the governor 'ignored the will of all of Southern California' in favor of a wealthy few around Irvine."
"Mayor Gordon said Orange County residents account for 20 percent of
the passengers at LAX, although anti-El
Toro airport activists say the figure is far lower."
El Toro Info Site report,
September 20, 2002 - updated
Governor Davis vetoes AB2333
Today, in a stunning defeat for El Toro airport proponents, Governor Gray Davis vetoed AB 2333, the Nakano bill. The bill introduced, by an LAX area legislator, sought to write into law the concept of "fair share' allocation of airport capacity amongst the six counties in the Southern California Association of Governments.
The bill was an attempt by Los Angeles groups led by El Segundo, and certain Orange County factions, to bring pressure on this county to build an airport at El Toro.
The veto resulted from a united bi-partisan effort by Orange County legislators. Traditional Republican anti-airport leaders Pat Bates, Tom Harmon, Bill Morrow, Dick Ackerman, and Bill Campbell were joined by their Democratic colleagues Joe Dunn and Lou Correa in lobbying for the veto. Correa's influence with his fellow Democrat, Governor Davis, was pivotal.
Very large numbers of citizen letters, including a flood of e-mails from viewers of this website made it easier to generate political support for the veto. ETRPA also played a key role in the effort.
Click here for the text of the Governor's veto message which specifically mentions El Toro.
The rejection of AB2333 is a serious blow to the SCAG, which has based the Los Angeles-driven airport portion of its Regional Transportation Plan on the "fair share" concept. This approach to airport planning exists nowhere else in California or the nation and was invented for the El Toro debate. SCAG included a 30 MAP El Toro airport in the regional plan.
Legal arguments in the case against Measure W also cite the "fair share" concept.
Today's gubernatorial veto, combined with Wednesday's court rejection of the lawsuit against Measure W, drives two big nails into the coffin of the failed airport project. In the words of an op-ed piece by Supervisor Tom Wilson in today's Register, "El Toro - Enough is Enough".
"Tom Coad, the husband of outgoing Supervisor Cynthia Coad, has taken out papers to form a campaign committee for his own supervisorial bid. The millionaire confirmed his intention to run Thursday and said funding his campaign would not be an issue."
"Two candidates have already formed committees: Assemblyman Bill Campbell, R-Tustin, and Orange Councilman Mike Alvarez, who is planning a formal announcement next week. The three are poised to run for the seat of Supervisor Todd Spitzer, who is expected to win election to the Assembly in November. He would replace Campbell, who is stepping down because of term limits."
"Irvine Councilman Chris Mears and Brea Councilwoman Bev Perry also are considering a bid for Spitzer's seat."
Website Editor: All of those named above are opposed to an El Toro Airport with the exception of Coad. The worst fear of anti-airport residents is that several like-minded candidates would split the vote, allowing airport supporter Coad to succeed in the winner-take-all vote in February. There is no runoff.
"Gov. Gray Davis signed a $9.95 billion bond measure Thursday that would clear the way for a high-speed rail system linking California's major cities. His signature puts the measure before voters in 2004.
"The bill, by state Sen. Jim Costa, D-Fresno, authorizes the bond sale to start construction of a 700-mile system with trains running at top speeds of more than 200 mph. Most of the money, $9 billion, would help pay for the first leg of the system, which would connect Los Angeles, Bakersfield, Fresno and San Francisco. Later links would stretch to Sacramento and San Diego."
The Airport Working Group came to last night's OCRAA meeting with a petition to the Secretary of Navy, Director of the FAA, and Mayor of Los Angeles recommending that "SCAG and LAWA petition the Navy Department to transfer El Toro to the FAA and that the FAA appoint Los Angeles World Airports to operate and administer the former MCAS El Toro as a commercial airport."
OCRAA reps, who can't seem to comprehend that the Newport Beach group is using them in a fight that they have no reason to be in, dutifully signed the petitions.
Meanwhile, the long awaited audit of how the AWG spent $3.7 million of Newport Beach taxpayer money is in the hands of the City. The report, dated September 16, will be discussed by at the City Council meeting of September 24 at 8:00 PM.
The court date for ETRPA vs. SCAG over the Regional Transportation plan has been delayed from September 23 until early October because of the judge's schedule.
Rumor has it that the Navy is happy with the Tustin auction and with yesterday's court ruling on the validity of Measure W. The Navy is pushing to conduct a similar sale of El Toro property.
"Die-hard El Toro airport supporters were dealt a blow Wednesday when a judge ruled that Orange County voters had the right to rezone the closed Marine base from aviation use to parkland. The decision effectively upholds the heart of Measure W, the ballot initiative passed in March."
"Los Angeles Superior Court Judge Philip H. Hickok … ruled that voters were not duped into believing that the 'Great Park' would be free of development, and that a ballot initiative can be used to alter a land-use plan for a closed military base."
"The ruling naturally delighted opponents of an El Toro airport. 'Not even all the king's horses and all the king's men could put the El Toro airport back together again,' said Supervisor Todd Spitzer.".
"'This train has not only left the station, it has arrived at another destination. What other event has to occur for these people to understand [that] this is not going to be an airport?'"
"Fredric Woocher, an attorney for airport supporters, said he would consult his clients about filing an appeal. He noted that the Navy's intention to move ahead with the sale within months puts pressure on opponents of the park plan to get their case before appeals judges as soon as possible."
"Some issues brought up in the airport supporters' suit remain unresolved by Wednesday's ruling. They include a claim that Measure W violates provisions of the state-mandated [SCAG] transportation plan requiring Orange County to satisfy its 'fair share' of regional air traffic needs, and another claim that the ballot measure 'falsely represents' to voters that a park can be created at no cost to taxpayers, when that may not be the case."
Superior Court Judge Philip H. Hickok, in the Southeast District of Los Angeles County (Norwalk), rejected a pro-airport request to invalidate Measure W. The judge ruled from the bench at the conclusion of the hearing today, an indication that the decision probably was not a close call.
Judge Hickok said that the voters have every right to change the General Plan by initiative, dismissing the main argument of the attorneys for the Airport Working Group, Citizens for Jobs and the Economy, and the Orange County Regional Airport Authority.
The judge also rejected the pro-airport contention that Measure W was deceptive and that a plan with museums, schools, etc. was somehow inconsistent with the open space designation.
The next move is up to the unsuccessful pro-airport side. Their supply of funds for protracted litigation is under attack. The Newport Beach City Council could request repayment of a $250,000 advance to Barbara Lichman's firm if councilmembers stick to their stated intentions. Also CJ&E owes the Measure W proponents $276,608.
The pro-airport groups can attempt to overturn the initiative on secondary issues other than their two best shots which failed today. However, one expert estimated that it would take six months to bring other legal claims against Measure W to trial. By then, the case could be moot as Irvine proceeds with annexation of the property.
Click here for the principle arguments
of the two sides.
"A divided Los Angeles City Council voted Tuesday to back a bill designed to limit growth at Los Angeles International Airport, despite objections that it would wrongly transfer control over LAX away from the city."
"The council voted 9-5 to support a bill by South Bay Rep. Maxine Waters (D-35th) seeking to prevent the U.S. secretary of transportation from approving changes at LAX that could exceed the 78 million annual passengers."
Website editor: It remains to be seen how much support the Maxine
Waters bill, to limit one of the nation's principal airports, will have
in Congress. The House of Representatives passed an O'Hare airport expansion
bill in July over the strong objections of senior Illinois Congressman
Henry Hyde and Congressman Jesse Jackson.
El Toro Info Site report,
September 17, 2002
Impact of federal study unclear
Congresswoman Jane Harman announced, last week that, "Efforts to limit growth at Los Angeles International Airport by promoting a regional aviation plan received a major boost as a result of a $1.5 million grant from the federal government." Harman, whose district includes LAX said, "Limiting growth at LAX can only be achieved by sharing the benefits and burdens of aviation growth with other airports across the region."
She reports that "The US Department of Transportation has awarded the grant to the Southern California Association of Government (SCAG) to update the region's aviation transportation plan."
SCAG's current aviation plan, which includes El Toro, is under attack by ETRPA and a court hearing on the case is scheduled for September 23.
It remains to be seen whether the conditions of the grant will allow the money to be spent on plans that include El Toro. Harman's website refers to: "facilitating the development of infrastructure and services needed to attract more passenger and cargo traffic at airports in Ontario, Palmdale, Victorville, and other airports in the Inland Empire, High Desert and elsewhere."
On August 14, the Newport Beach City Manager is quoted saying that an audit of how the Airport Working Group spent $3.7 million of taxpayer funds "could be available for public review in about four weeks."
Waiting patiently for the audit report leaves enough time to go back and read some of the comments about this funding process in the City Council agendas and minutes. On August 13, 2002, when the audit was announced Council minutes show:
"Council Member Glover reported that, on February 12, 2002, the City Council decided not to sue over any matters relative to Measure W… She stated that the City also decided to inform AWG and CJ&E not to spend any more money from their grants received from the City and that City Attorney Burnham was told to tell AWG and CJ&E not to spend any more of their grant money."A review of AWG documents shows that substantial expenditures continued after February 12, including a $250,000 check to the firm of AWG director Barbara Lichman for "anticipated litigation.""Council Member Glover stated that, if any bills were incurred by CJ&E and AWG after February 12, Council is not responsible for them because the City Attorney informed them not to spend any more money. She believed that the respective organizations should pay those funds back . . . She stated that, if any checks were cut by the City for AWG and CJ&E after February 12, 2002, the appropriate staff who authorized them should provide statements as to why such checks were cut. . . She stated that, if staff, AWG, or CJ&E spent monies after February 12, 2002, that needs to be addressed by Council since it was without authorization by Council."
The minutes also contain an interesting comment by Mayor Ridgeway:
"He reminded everyone on Council that, when the original grant was made in 2001, it was at the behest of the Board of Supervisors and noted that part of it was to support the JWA Settlement Agreement."Website editor: Which supervisors requested Newport Beach to give $3.7 million to AWG and CJ&E?
The General Services Admisnistration continued the bidding on 235 acres at the former Tustin Marine base. Under the GSA rules, late bids received just prior to this afternoon's scheduled close of the auction keep the process open until Monday afternoon.
The aggregate bids thus far total $185.5 million or an average of $787,200 per acre.
"Phase one of Ontario International Airport's first master plan -- mapping out the airport's growth and development over the next 30 years -- is nearly complete. Los Angeles World Airports, which owns and operates ONT and is a department of the city of Los Angeles, is developing master plans for all four of its airports, including Los Angeles International, Van Nuys Airport and Palmdale Regional Airport."
"The plan . . . will describe the facilities needed for the airport's future growth, including a new terminal, said airport spokeswoman Maria Tesoro. Discussion of terminal 3 will begin after the airport reaches 10 million passengers for two consecutive years. That is estimated to occur between 2015 and 2020, she said."
Website editor: This conservative LAWA projection contrasts sharply with the SCAG aggressive forecast that ONT and El Toro both will be at 30 million passengers in 2025.
"John Husing, an economist who specializes in the Inland Empire, said the airport will be considered the second major gateway to the southland after LAX."
"'Ultimately, Ontario is going to play that role," Husing said. "The process of turning it into that type of asset needs to be starting now, partly in light of the serious long-term restrictions facing LAX, and the fact that you have eliminated the possibility of a second airport at El Toro (in Orange County).'"
On August 6, the Board of Supervisors put a last-minute non-binding El Toro measure on the November 5 ballot. Measure B is an advisory question asking whether the voters would like to see the Navy clean up El Toro.
Assistant Secretary of the Navy for Installations and Environment H.T. Johnson had just made it clear, in an August 4 letter to the Times, that "We remain fully committed to funding the cleanup of El Toro, which is actively ongoing at several sites on the base, and standing by our commitments in the future."
County voters, by passing park Measure W, had won assurance that El Toro would be cleaned by the Navy to a higher standard than if it became an airport. Contamination under the runways and in other aviation areas will be removed by the Navy and not left to poison the water supply.
Nearly everyone forgot about Measure B. The County Counsel and Auditor dutifully wrote their mandatory ballot statements. No one bothered to write a ballot argument either in favor or in opposition to the measure. Its principal proponent, Supervisor Cynthia Coad, failed to provide any statement.
That is, except for V-plan booster Charles Griffin who took advantage of the blank space in the voters pamphlet to submit an argument that says little about Measure B but allows him a chance to tout his favorite airport concept. Many are surprised that the Registrar of Voters accepted this irrelevant statement without running it past responsible parties in the El Toro reuse debate who might have objected or written a rebutal.
No on Measure W - The Great Tax, a project of Citizens for Jobs and the Economy reported spending $474,542 on "No on W" polls, consultants, lawyers, signs, and mailers.
For the six months ending June 30, 2002 the campaign raised $562,650. Roughly $200,000 of this came shortly after Supervisors Smith, Silva, and Coad kicked off the fundraising at a January "no on W" event.
The largest single infusion of money to the No on W committee came as a $300,000 loan "incurred March 5, 2002" and due in one year from Harry S. Rinker, owner of the Rinker Company. The loan made at this late date avoided disclosure prior to the election.
The Orange County Weekly (April 6, 2001) introduced the Rinker Company to readers:
"The Rinker Co., [is] located one flight above Argyros’ own headquarters in a Costa Mesa office building owned by Argyros’ development firm Arnel. Harry S. Rinker, is a close friend and business partner of Argyros . . . The pair spent the past decade writing $1,000-plus checks to the same Republican candidates and incumbents. They frequent the same black-tie benefits and society schmooze fests."The Airport Working Group did not file a Recipient Committee Campaign Report, California Form 460, required of political campaigns. Presumably they claim that the City of Newport Beach-funded bunny and weasel ads had nothing to do with the political campaign against Measure W.
The Superior Court ordered today that Bruce Nestande and Citizens for Jobs and the Economy must repay the legal fees of Measure W proponents arising out of the pro-airport challenge to Measure W.
The Newport Beach group hadsought to disqualify petitions by arguing that the County Counsel-prepared Title and Summary were flawed. They lost the lawsuit at the Appeals Court level.
The Court awarded attorneys' fees against Petitioners Nestande and CJ&E in the amount of $179,987.50. The Court also ruled that proponents were entitled to a multiplier of 1.5 and recovery of extraordinary and expert costs totaling $6,626.27. The total attorneys' fees awarded was $276,607.52.
The story surrounding the $3.7 million grant of taxpayer money to the pro-airport camp takes a new twist. In Chapter 3 we saw that the City Council of Newport Beach, seemingly to protect the taxpayers money, voted on May 22, 2001 to appoint two attorneys as "special counsel" to review "all materials for public dissemination" prepared with the grant. They were hired, as watchdogs to "ensure compliance" that public money did not fall into the hands of a political campaign.
City Attorney Burnham recommended that the City Council "retain Dana Reed of Reed and Davidson and Fred Woocher of Strumwasser and Woocher." The minutes of the Council meeting record that a resident "asked if the two attorneys and the City Council would be the only ones to look at the material. City Attorney Burnham stated that the two attorneys would only be reviewing the material to determine if it can be funded with taxpayer dollars."
The June 30, 2002 financial reports from "No on W - The Great Tax, a project of Citizens for Jobs and the Economy" reveal that the city's watchdog attorneys Reed and Woocher also accepted $24,000 in payment from the campaign committee.
There appears to be some conflict of interests when the same attorneys' work for both the city to see to it that public money is kept out of the political campaign and for the political campaign committee. Their selection by the City Council to watchdog the expenditures, in lieu of using independent counsel, has an odor of conspiracy.
Seeking to deflect attention from its own spending of $3.7 million of Newport Beach taxpayer money, the Airport Working Group is going on the offensive. The AWG used the California Public Records Act to obtain and compile a total of $12.5 million of Irvine expenditures over a three-year period on a variety of projects they related to El Toro.
AWG also reports on $3.7 million spent by ETRPA in fiscal year 2001-02.
We make no warrantees as to the correctness of the AWG-prepared summary. AWG makes no allegations that the Irvine or ETRPA spending violated laws against the use of public funds to either support or oppose a ballot initiative.
We publish the data because this website, unlike pro-airport sites, presents information on both sides of the El Toro debate.
Hopefully, someone will provide a summary of the County's spending on El Toro so that the public can see the whole sorry bill for the disaster imposed on the taxpayers by the airport debacle.
Newport Beach political consultant Dave Ellis writes in the Pilot, responding to a Joseph Bell editorial column:
"The funds granted to the Airport Working Group were not used to defeat Measure W. Bell should know statutory and case law prohibits the use of tax dollars to support or defeat a ballot measure."
"Only private funds were used for the No on W committee . . . The [Airport Working Group's] task with the Newport Beach grant funds was to educate Orange County on the regional importance of El Toro Airport -- not campaign against Measure W.
Click here to read Ellis' complete statement.
Website Editor: Ellis, was paid nearly $500,000 of taxpayer money consulting with the Airport Working Group according to recently released documents. These funds, he claims, are unrelated to the campaign to defeat Measure W.
The No on W campaign committee paid Ellis nothing from private contributions on an outstanding balance of $1,730 for the reporting period ending June 30. We are asked to believe that is the only work he did that related to the campaign to defeat Measure W.
"Getting to and from Burbank-Glendale-Pasadena Airport will be easier through a new program designed to get people moving by train, en route to their planes. The Rail 2 Rail program was launched Thursday at the airport's train station, and will allow riders to use tickets from Metrolink or Amtrak to travel from Los Angeles' Union Station to Burbank Airport using either service."
"'We're hoping that because more people will see how convenient it is, more people will want to ride,' [Metrolink spokeswoman Sharon Gavin] said. 'We're looking to give people a better option than driving.'"
"Boosting the options further, Southwest Airlines, the airport's highest volume carrier, will offer its passengers a free round-trip ride on either train between Burbank Airport and Union Station."
Website editor: New York City has been providing train to plane service and the concept is seen by some as a way to use Southern California's outlying airports.
"Candidates were lining up for the two seats on City Council after Councilman Dan Slater announced he wouldn't run again . . .. He handed out flowers to employees in the city clerk's office Friday and endorsed Steve Ambriz and incumbent Carolyn Cavecche."
"'I think Carolyn is very strong and I think it will be a dog fight for the (other) open seat,' Slater said."
Website Editor: The only candidates in the field of seven to make it onto our radar screen are Carolyn Cavecche, an incumbent who voted to pull Orange out of the pro-airport Orange County Regional Airport Authority (OCRAA) last year and Steve Ambriz. Ambriz is anti-airport Supervisor Todd Spitzer's assistant on El Toro matters and has Spitzer's endorsement for the council seat.
On September 1, this website posted data showing how the Airport Working Group, and Citizens for Jobs and the Economy, spent $3.7 million of Newport Beach taxpayers' money in support of El Toro airport and opposition to the Great Park. Today we add the earlier May 22, 2001 documents by which the City Council authorized handing over the money
Newport Beach approved the grant with AWG's agreement that the funds "will (a) be expended solely for the purpose of informing the public of issues, and engaging in other activity, relevant to the manner and means of accommodating the current and future air transportation demand in Orange County; [and] (b) not be spent to support or oppose the qualification, passage or defeat of any ballot measure."
To ensure that funds would be spent accordingly, AWG was required to retain legal counsel to ensure compliance. "Legal counsel shall approve duplication and dissemination of the material or information to the public only upon a determination that the information or material is in full compliance with all statutory and decisional law governing the conduct of political campaigns" and the express warranties of the grant agreement.
The agreement goes on, "To further ensure compliance . . . Grantee [AWG] shall not duplicate or disseminate to the public any material prepared, in whole or in part, through an expenditure of Grant Funds unless and until the material has first been reviewed, and determined to comply with Subsection 3(a), by special counsel retained by the City Council." Written approval is required.
For this sensitive job, City Council minutes show the City Attorney and City Manager, "recommending the City Council retain Dana Reed and Fred Woocher, two attorneys with extensive experience in matter relating to election law and political law." Woocher is lead attorney in the litigation to overturn Measure W. The city apparently chose "a fox to guard the hen house".
"The idea behind the 'transit village' that Irvine officials want developed on 213 acres at El Toro is simple: Cluster 1,500 homes by the train station and some residents are certain to leave their SUVs at home and ride the rails to work or shop or play."
"Others might be persuaded to use their feet - these neighborhoods are intended to be as pedestrian-friendly as a traditional downtown - or ride buses to shops or cafes or offices within the project."
Click here for the entire article on TOD (Transit Oriented Development) which is a key piece of the plan for maximizing land values for the Navy at the former base.
"An anticlimactic but welcome end to the Burbank Airport saga, at least for a while, came last week when a panel advising the Burbank City Council said there's no need for the proposed new terminal that's consumed public interest for years".
"All that wrangling and infighting were for naught. Ever since Sept. 11, airlines have cut back on flights, and so the airport won't need the extra space for many years to come."
"This seems to be a rare example of government inaction and gridlock serving the best interest of all involved... Debate over. Time to move on."
We offer additional comments on the Newport Papers published on this website over the weekend.
Item 1. The Daily Pilot reports that two members of the Newport Beach City Council -- Tod Ridgeway and Gary Adams -- have hired David Ellis to manage their reelection campaigns.
So, Ellis is "a hired gun" working for the reelection of two public officials who were responsible for his collecting almost a half-million dollars of taxpayer money. Presumably these Councilmembers also will have something to say about any investigation into the legality of the payments to Ellis.
Item 2. Examination of the Airport Working Group's list of payments shows that on February 25, 2002, AWG check number 1266 for $250,000 was written to Chevalier, Allen & Lichman. AWG director Barbara Lichman's firm received the public money just days before the Measure W election - earmarked for "Anticipated litigation".
This seems to answer questions about which city's taxpayers are paying to sue the U.S. Navy and the County of Orange to thwart implementation of Measure W. Check back soon for Chapter 3 of what one observer has dubbed "AWGate".
Lest anyone forget that airports do not belong in residential areas, this month's issue of Psycholocial Science includes findings from a new Swedish study of the impact of airport noise on children.
"According to the researcher, the findings also imply that airports should be located in areas where 'few persons, and in particular, children in schools, are exposed to the noise.'"
"As Costa Mesa residents look to the sky and find more and more planes traveling over their homes, various aviation administrators, city leaders and airport officials are looking to each other as the cause."
"Federal Aviation Administration officials say changes in airspace have allowed airline pilots to take different departure and approach routes to local airports, depending on specific circumstances. . . Jerry Snyder, the public affairs officer for FAA Western Pacific Region said there is no way for his regional office to determine exactly which flights, from which airports, have contributed to the increase in air traffic over Costa Mesa, leaving local airport officials to defend themselves."
"Justin McCusker, a spokesman for John Wayne Airport, said he is confident the flights aren't coming from the Orange County transportation hub."
"Not surprisingly, the spokeswoman for Long Beach Airport, Sharon Diggs-Jackson, said much the same thing. Diggs-Jackson said the Long Beach Airport is being unfairly blamed for the increase in flights above portions of the city. 'People need to start looking toward John Wayne and LAX because that's what is flying over your house,' Diggs-Jackson said.
"Councilman Gary Monahan said he is not buying Long Beach Airport officials' arguments and places the blame squarely on the Long Beach Airport."
"A federal court decision resulting from a 12-year lawsuit over a noise ordinance allows Long Beach to operate 41 daily commercial flights, officials said. Flights have jumped from 12 to an anticipated 24 for next month and will climb to a peak of 41 by October."
The Newport Beach City Council belatedly requested that the Airport Working Group and Citizens for Jobs and Economy report how they spent $3.7 million of taxpayer funds given to them by the city. It is illegal to use public money to advocate for or against a ballot measure such as Measure W. It also is an apparent violation of the contract signed by the city and the groups when the grants were approved.
This website has obtained a copy of the documentation that was provided to the city by AWG and CJ&E. The information is being audited for the city by the firm of Vavrinek Trine Day & Co., LLP. We are publishing the data on a special website page for the public's benefit.
In addition to large payments to Bruce Nestande, David Ellis, and Barbara Lichman, who presumably disbursed some of what they received to other unnamed recipients, we see a host of other familiar beneficiaries in a first quick reading of the reports:
Viewers are encouraged to review the data, make their independent judgements, and post comments on the message board.
- $25,000 to Irvine Tax Payers whose President, Eunice Cluck, signed the No on W ballot statement.
- $235 to Norm Ewers
- $15,000 to URS, Tom Wall's employer
- $1,697 to W. A. Bloomer
- $30,000 to Sjoberg Consulting, the firm of a former state official whose critique of the Great Park was included extensively in No on W campaign literature and the No on W ballot arguments.
- $76,000 to law firm Kuta Rock LLP, whose environmental attorney Greg Hurley wrote a much publicized report, Environmental Risks Associated With the Great Park Proposal while he was co-Chairman of the non-partisan Restoration Advisory Board.