OC Register, Getting Away Section, December 30, 2001
Simply Grand

OC Register, December 30, 2001
Editorial Update

Website Direct, December 28, 2001 - updated
Pro-airport lawsuit flounders

Daily Pilot, December 28, 2001
"Newport Coast may not share El Toro politics"
"But city officials say their pro-airport position is the best for new and old Newport Beach residents."

Website Direct, December 27, 2001
Nestande and Company files another lawsuit

Website Direct, December 26, 2001- updated
"Just the Facts" campaign is unraveling

Miami Herald December 12, 2001, website posted December 26, 2001
"The jetport is dead; long live the parks"

LA Times, December 26, 2001
"Ontario tries to get back flights"
"ONT reports a significant drop in passenger traffic for November, the month that United dropped routes from ONT to San
Francisco and Chicago."

Website Direct, December 26, 2001
El Toro Airport air pollution

LA Times, December 22, 2001
"Judge Halts County's Airport PR Effort"
"San Diego jurist forbids government spending against March ballot measure"

Website Direct, December 21, 2001 - updated
County must stop PR  spending to promote the airport

OC Register, December 21, 2001
"Firm exonerated in billing errors"

OC Register, December 21, 2001
"Judge to rule on PR guidelines" -today

Website Direct, December 19, 2001
Supreme Court rejects latest pro-airport legal tactics

OC Register, December 19, 2001
"El Toro runways may be polluted"
"Survey adds to sites Navy should examine before transfer."

The New York Times December 18, 2001, website posted December 19
"Now Boarding, the Overdue Train to the Plane"

Website Direct, December 18, 2001
Measure W on the Voters' Pamphlet

Website Direct, December 17, 2001
The Impact of Airport Noise on Residential Real Estate.

OC Register, Guest Column, December 16, 2001
“Cleanup of El Toro is Navy’s job”

OC Register Guest Column, December 16, 2001
“OC has means to build a great park”

OC Register, December 15, 2001
"Irvine project debate heats up"
"Airport backers criticize project's location"

Website Direct, December 14, 2001
Appeals Court hears arguments on Measure F but does not rule today

OC Register, December 14, 2001
"Statewide candidates join El Toro debate"

Website Direct, December 14, 2001
Court of Appeals hears anti-airport Measure F arguments today

OC Register, December 14, 2001
"Airport foes say safe park possible"
"They contend Navy has to clean up pollution cited in report funded by pro-airport group."

LA Times, December 14, 2001
"Irvine Co. Homes In on El Toro "
"The city sees the firm's plans for 12,350 residences north of the base as another way to block the airport."

Website Direct, December 12, 2001
The Dept. of Defense is responsible for El Toro cleanup

LA Times, December 12, 2001
"Airport Money Misspent on El Toro"

Daily Pilot, December 11, 2001
“Study finds toxins hinder El Toro plans”
“Both sides in ongoing airport debate say Newport Beach-funded report bolsters their arguments.”

Website Direct, December 10, 2001 -updated
Nestande and Co. still trying to block the voters' right to decide Measure W.

OC Register, December 10, 2001
"The politics of Measure W" [and the DA's office]

LA Times editorial, December 9, 2001
"A Fair Look at Great Park"

Website Direct, December 9, 2001
Measure F still very much alive

LA Times, December 8, 2001
"Judge: O.C. Can't Fight Park Measure"
"Court rules out spending on March vote, but effect on county's pro-airport drive is unclear."

LA Times, December 8, 2001
"Coad to Face Challenger; Silva, Wilson Have None"

Website Direct December 7, 2001 - FLASH
Superior Court blocks County from spending money on airport PR campaign

Website Direct, December 7, 2001
Who Pays for Parks and Museums?

OC Register December 7, 2001
"Officials to meet with supervisors"

Daily Pilot, December 6, 2001
"Newport heartened by response to JWA mailing"
"Interest from people under the airport's flight path has officials hopeful that airport restrictions will get extended."

OC Register, December 5, 2001
"Parking at John Wayne could soar to $17 a day"
"Dissident supervisors blame the diversion of airport funds to El Toro."

Website Direct, December 4, 2001
Park Initiative on Ballot as Measure W

Website Direct, December 4, 2001
Pro-Airport Supervisors Duck Financial Responsibility

Daily Pilot, December 4, 2001 - updated
"JWA finances need reviving"
"The Board of Supervisors is set to vote today on possible rate and fee increases to raise money at the airport."

Daily Pilot, December 3, 2001
"A CLOSER LOOK -- Scenarios set for John Wayne's future"

LA Times editorial, December 2 2001
"Don't Block the Runway Yet"

LA Times, local December 2, 2001
"Series of Jetliner Tire Blowouts Alarms John Wayne Airport"
"It's happened to nine Delta MD-90s since 1998. FAA is asked to check planes and the tarmac"

LA Times, December 1, 2001
"Report Says Great Park Wouldn't Raise Taxes

OC Register, December 1, 2001
'Great Park' would take time, if not taxes

Daily Pilot, December 1, 2001
"Cox readying JWA protection language"
"Attachment to House bill would ensure the airport does not lose its ability to set flight caps and operating hours."

Click for earlier news briefs

"State Sen. Dick Ackerman, R-Irvine, was recently quoted as saying that he thought GOP gubernatorial candidate Richard Riordan would come out against the proposed airport at El Toro. One man, one opinion"

"The former Los Angeles mayor earlier this month backed off an earlier position favoring the airport and struck a neutral pose. While Ackerman has talked to Riordan about the issue, so has Mark Chapin Johnson - Riordan's state campaign manager - and Johnson expects Riordan to remain neutral."

"'I want to make sure that the mayor's position doesn't become a political football that people use for their own advantage,' said Johnson, a Tustin multimillionaire. 'My counsel to the mayor is that he should not take a position. There's nothing to be gained by taking a position.'"  Editor: What do you say?

Travel writer Gary A. Warner lists some of his worldwide favorites, including these:

"Favorite U.S. airline: JetBlue. The classy East Coast upstart began flying in 2001 to New York City from Long Beach - its second Southern California destination after Ontario."

"Favorite overseas airline: Aloha Airlines.  I had to find a way to get in this great new airline service from John Wayne Airport to Honolulu or Maui."

"Favorite U.S. airport: Long Beach Airport. An antidote to all the travel stress of nightmarish lines, endless security checks and traffic snarls. You drive up, drop off and park in an uncrowded lot nearby. With just three airlines - American, America West and JetBlue - there are no crowds to jostle with. Its art deco lines make the terminal the most attractive in California. Runner-up: I fly all over the world, and while I hate the artificially inflated fares it causes, the passenger cap at John Wayne Airport ensures that the terminal is rarely crowded."

"San Diego Superior Court Judge Charles R. Hayes has ordered a halt to the $8 million PR campaign the county has been running on the El Toro Airport issue."

"That's fine.  Now who will file a suit to stop south county cities from spending taxpayer funds to campaign against an airport?  The use of taxpayer funds on both sides has been blatant and unconscionable.  What ever happened to the naïve notion that government was supposed to carry out the will of the people, not mold it and shape it to conform to the government's plans and prejudices?"

Editor: The Register editors are apparently unaware that a suit has been filed against the south county cities and is part of the stew of litigation working its way through the courts. The ETRPA cities contend that their anti-airport efforts are carrying out the will of the overwhelming majority of their citizens.

More year end editorial comments and letters are in the Early Bird section. Post your take on Year 2001 on the Message Board

Attorneys for the pro-airport plaintiffs failed to file affidavits in support of their claims - made yesterday - that the Yes on Measure W ballot arguments were false and misleading.  The Judge denied the Nestande group's petition and refused to hear the matter this morning.  There will be another court date on Monday.

No doubt, the pro-airport groups will keep trying to interfere with the initiative as long as someone keeps paying their legal bills.

"Newport Beach -- Some fear the city could become a house divided on the issue of airport politics after Newport Coast is annexed Tuesday."

"Residents in the unincorporated community who are working with officials on annexing the roughly 2,600-home area say many in their ranks worry an airport at El Toro, if it included the V-plan, could mean more noise in Newport Coast."

"'The V-plan would mean flights directly impacting Newport Coast and Corona del Mar,' said Phillip Greer, an applicant to the Coast Advisory Committee who fought the annexation…. Though the city has taken an official position opposing the V-plan, its support of El Toro nonetheless looks like a potential threat to neighborhood quiet."

Editor:  The FAA's Airspace Analysis released in October shows strong official support for a V-Plan type of takeoff to the southwest rather than the County's takeoff plan to the north.  Newport Coast residents would be wise to support Measure W and stop the airport.

Should the airport plan somehow survive after March, it is likely that many South County residents, who live directly under the County's proposed landing path, would support the V alternative to shift the planes' arrival from the north and departure to the southwest.

The litigious pro-airport gang filed another lawsuit today. This one objects to the wording of the rebuttal arguments submitted by Measure W supporters for inclusion in the Voters' Pamphlet.

The action is not against the initiative. It can only result is legal expenses for the campaign and, if successful, changes in some of the wording printed in the ballot material for the March 5 election.

This evening, the County's "Just the Facts" website went off the Internet in compliance with a court ordered preliminary injunction.  It leaves behind a message; "No web site is configured at this address."  Normally, we would be sorry to see any web source of information disappear.  However, this one was so one-sided, contrary to the majority of its constituents and such a waste of public funds, that we feel no sense of loss.

The OCRAA website continues to present airport advocacy, including an "OCRAA Opposes Great Park" statement and an "El Toro is Safe" flyer.

The Newport Beach funded AWG site continues at full pitch, waiting its day in court.

Too bad that there never was a pro-airport website willing to provide links to sites on both sides of the debate, and open to allow viewers to post comments, like Chronicles, OCNow.com and this one have been doing.

"The Air Force has hammered another nail in the coffin of the misbegotten Homestead jetport, and even Miami-Dade Mayor Alex Penelas is kicking dirt on the grave. After a seven-year fight, the insider deal to top all insider deals finally appears dead."

"Air Force Secretary James Roche affirmed an earlier decision killing the county's plan to develop part of the former Homestead Air Force Base as a major commercial jetport."

"The screwy scheme, a now-infamous giveaway that reeked of backroom smoke, had been approved in 1994 by the County Commission…In retrospect, the most remarkable thing about the plan isn't how terrible it was, but rather how durable. That such an awful idea took so long to expire is proof of how much money was at stake for a select few."

"Whatever ultimately happens to the land, at least it won't become another Miami International Airport. That should be welcome news for everybody but the insiders and profiteers."

This fascinating story - with its El Toro similarities - is archived under Politics in the Issues Section of this website.

"ONTARIO -- The city plans to survey passengers and travel agents early next year to build a case to resume airline service to Chicago and San Francisco."

"Trying to stem losses nationwide, United Airlines dropped five daily flights to San Francisco and ended its remaining daily flight to Chicago in November… Ontario contacted United and received a reply last week that the airline has no intention of resuming flights to those cities."

"Ontario travel agent Laurie van Esschoten said, 'We are finding that people who were flying shorter routes to Las Vegas, Phoenix or the Bay Area are finding it easier to drive because the check-in can be so long at airports."

Editor:  The under utilization of airport capacity was also evident at John Wayne airport where November volume was 7.7 percent below the prior year's.

While recent attention has been focused on contaminated soil at El Toro, airport-created air pollution is the main risk to Orange County residents' health.

A new addition to our on-line library of Pollution reports, in the Issues Section, is a paper on Fog and Aircraft Pollution at El Toro.  The author, Dr. William R. Schell, Ph.D., is Emeritus Professor of Environmental and Occupational Health, Graduate School of Public Health, University of Pittsburgh.

He writes that, near El Toro, "The inversion layer is stable due to low wind speed and cooling at the top of the fog layer. This layer acts as a lid to contain the pollutants generated from aircraft during take-off and landing."

"Orange County's Just the Facts program promoting a proposed airport at El Toro was grounded Friday by a San Diego County judge."

"'I would call it an $8-million present for the citizens of Orange County,' said attorney Richard Jacobs, who represents the El Toro Reuse Planning Authority…that sued the county over its airport outreach. He was referring to spending authorized over the last 18 months for the program."

"During a court hearing Thursday, Jacobs argued that the county, by promoting an airport, was spending money to oppose the March measure. State law forbids spending government funds to support or oppose any ballot initiative or candidate."

"Jacobs unfurled the county's latest mailer as proof. He said it contained four pages of airport information and one sentence about the fact that an environmental review had found that the airport plan would worsen traffic, noise and air pollution."

"County attorneys and El Toro planners were meeting Friday to discuss the reach of the ruling and whether it prevented two public-relations consultants from being paid for work already done. Deputy County Counsel Don Rubin said the county believes the ruling bars payment of any invoices for work completed before Dec. 7, the date of Hayes' tentative ruling, until there is a trial on whether the spending so far has been proper."

"Supervisor Todd Spitzer said the county should scrap the entire program. He and Supervisor Tom Wilson… advocate a freeze on all spending on the El Toro program, whose funding comes from John Wayne Airport revenue. The board's pro-airport majority--Supervisors Cynthia P. Coad, Chuck Smith and Jim Silva--have blocked such a move. John Wayne Airport is facing a $10.4-million deficit this fiscal year, in part because of increased security measures required after the September terrorist attacks."

"Jacobs said a trial on the spending will focus on a request by airport foes that the firms of Townsend Raimundo Besler & Usher of Sacramento and Amies Communications of Irvine refund the money they received for their work on the county program." The consultants are rumored to have prepared much of the material for a costly anti-Measure W political campaign blitz.

"Tristan Krogius, volunteer fund drive chairman for the Yes on Measure W campaign, said airport foes had been asking for private donations to counter the county's 'illegal spending spreading pro-airport misinformation.'"

"'I hope that the three [pro-airport] supervisors are ordered to pay it back personally,' he said."

The Superior Court issued its anticipated ruling, effectively stopping the County from continuing its $8 million PR campaign for an El Toro airport and against the OC Central Park and Nature Preserve initiative - Measure W. The key element of the court ruling is:

"The Court after considering the evidence and balancing the Parties' equities hereby grants Petitioner/Plaintiff Paul D. Eckles' Motion for the Issuance of a Preliminary Injunction enjoining the Orange County Defendants from expending public funds to oppose Measure W."

"The Orange County Defendants shall neither promote nor discourage the use of El Toro for commercial aviation purposes and shall provide open and even handed information devoting equal time and space to all issues both pro and con pertaining to the proposed airport at El Toro."

"Pending further Order of this Court, the Orange County Defendants are enjoined from expending any further funds until the issue raised in oral argument concerning work performed pre December 7, 2001 has been fully adjudicated."

In other words, the County and OCRAA have to stop spending money until the court can rule on the legality of all county expenditures since the lawsuit was initially filed, which could take months. Work done by OCRAA and County PR consultants - and yet to be billed - can not be reimbursed. Over $4.8 million dollars remains in the LRA budget for public information and is likely to go unspent.

The ruling is a strong signal that the county spending to influence the election is illegal. Whether the money must be returned is still to be determined.

The judge indicated that he is willing and able to enforce the injunction if parties act in contempt of the ruling. Stay tuned for more analysis. 

"A county investigation concluded that billing errors did not cause a child-care center at the former El Toro Marine base to close, an official said. Community Day Preschool closed in November after it thought its monthly utility bill would increase to nearly $5,000, from $1,000."

"Gary Simon, El Toro Redevelopment Authority executive director, said Tait & Associates, whom county officials earlier blamed for wrong utility estimates, is not at fault. He declined to comment when asked if the county had erred."

Editor:  If the consultant is not at fault, who is?  For more about "the gang that can't shoot straight" see these stories about billing errors that are contributing to the red ink at El Toro.

OC Register, November 22, 2001
"County losing $775,000 in lease income"
"Cal State Fullerton getting outsized break on its rent at El Toro due to miscalculation."

LA Times, November 21, 2001
"El Toro Energy Costs Estimate Off Base"
"Budget: Spitzer says the miscalculation of future bills may have caused a preschool to close."

"A San Diego judge is expected to rule today on whether -- or how -- the county can continue its $8 million public-relations campaign for an El Toro airport."

"Two weeks ago, Superior Court Judge Charles R. Hayes ruled in favor of airport foes who sued to stop the county program, arguing it was illegal campaigning against Measure W, which in March seeks to rezone El Toro for a park."

Editor: This website will post the judge's final ruling as soon as it is issued this afternoon. He is expected to give more specific guidelines for what is, and is not, permitted.

Meanwhile, we also wait to see if the print media picks up Wednesday's report about the latest failed effort, by pro-airport groups, to keep Measure W off the ballot.  See the article below.

Today, Bruce Nestande and Citizens for Jobs and the Economy failed in another attempt to keep Measure W, the O.C. Central Park and Nature Preserve initiative off the March 5, 2002 ballot.  The pro-airport group was unsuccessful in efforts to get the California Supreme Court to intervene against the initiative.

On November 21, the Fourth District Court of Appeals ruled in favor of initiative proponents, and against Nestande, in a case involving the county-prepared Title and Summary for petitions that were circulated. That paved the way for the signatures to be counted and the measure to go onto the ballot.

Nestande and his pro-airport group then filed a petition for review with the Supreme Court, which was rejected as untimely.  On December 12, they filed a petition for writ of mandate and a request for a stay of the decision of the Court of Appeal. Today, the Supreme Court summarily denied both.

Newport Beach groups may continue to bring lawsuits in a continuing effort to keep El Toro's fate in the hands of pro-airport Supervisors Smith, Silva and Coad and out of the control of the voters.  Continued litigation also uses funds that Central Park initiative proponents have earmarked for the Yes on W election campaign.

"An environmental survey of the former El Toro Marine base found 56 new sites of possible contamination that need to be investigated, a consultant told county supervisors Tuesday… The new sites include underground storage tanks, transformers and the base runways themselves, where fuel may have spilled or metals from aircraft may have drifted into nearby soil, he said."

"Dean Gould, the Navy's environmental coordinator for El Toro, said Navy staff members are reviewing the consultant report and will eventually decide whether they agree with its conclusions. If the Navy and other base-closure officials agree that some sites need further examination or testing, the federal government would do that work, Gould said."

"Supervisor Todd Spitzer… asked how the consultants' opinions would differ depending on the future use of the base. [County consultant Mark] Schultheis said the report assumed an airport would be built there, and any different use would produce different conclusions."

"The airport project would involve grading and excavation 50 or 60 feet down, he said, adding that the risks from the airport project largely stem from that because 'most of the remaining soil contamination at El Toro is in that 50 to 60 feet.'''

"A proposal to have [county consultants] GeoSyntec analyze environmental conditions at El Toro for possible reuse as a park was voted down 3-2 by the pro-airport majority."

"Port Authority of New York and New Jersey opened its $415 million link to Newark International Airport. It connects the region's extensive railroad system to the existing airport AirTrain, a monorail that connects Newark's passenger terminals and parking areas. All New Jersey Transit trains on the Northeast Corridor lines also stop at the airport station, as many as four an hour."

"As it becomes easier for passengers to transfer from the plane to the train, the absurdity of having airlines flying from New York to cities as close as Baltimore or Philadelphia will become increasingly apparent. The added capacity for longer routes created by dropping those flights will be much appreciated once the economy and travel industry rebound, and we can all go back to complaining about congested airports."

Full story in the Early Bird news.

County Counsel has written a Ballot Question and Analysis for the Voters' Pamphlet. The County lawyers rejected virtually every suggestion from initiative proponents to make the statements more accurately descriptive of the initiative. For example, they rejected a request to include, "The measure provides restrictions on building intensity and density, maximum building height, noise, and traffic generation in the new land use categories."

The Auditor-Controller provided an independent fiscal analysis. Both county official's statements are posted on this website as they will appear in the pamphlet unless changes are forced during the brief "review period".

Both sides of the campaign have submitted written arguments and rebuttals for the Voters' Pamphlet.

Those in favor of Measure W were signed by Patricia Bates, Assembly member, 73rd District; Debbie Cook, Mayor, Huntington Beach; Bill Kogerman, President, OC Taxpayers for Good Government; Chris Norby, Councilman, Fullerton; and Allan Songstad, Chairman, El Toro Reuse Planning Authority.

Arguments against the Park initiative were signed by Eunice Cluck, President Irvine Taxpayers; Dana Rohrabacher, Member, United States Congress; Patsy Marshall, Mayor, City of Buena Park; Marion Knott, Businesswoman; and Reed Royalty, President, Orange County Taxpayers Association.

The anti-initiative arguments use the words "tax" or "taxpayer" 14 times, "Irvine" 10 times and "airport" or "aviation" not once. Isn't this supposed to be about whether we need an airport at El Toro?

Click here for the Elections section of the website to read these documents.

Post your reactions on the special Message Board thread. 

Randall Bell, a nationally recognized expert in real estate and environmental damage valuation takes an updated look at the subject. Mr. Bell refers to several other source studies previously published on this website.

He writes, "The impact of noise from a national or international airport on residential properties is universally negative on residential property market value under or near a heavy flight corridor.  A significant portion of the population will not live in a home that is impacted by airport noise at any cost or discount."

Marcia Rudolph, Lake Forest City Council member and a founding member of the Restoration Advisory Board, RAB - established by the Navy to deal with pollution cleanup issues at MCAS El Toro - submits this article.  She is responding to a Register December 12 editorial “Toxic Park will not fly at El Toro locale”.

"The clean-up needs to be paid for by the whole nation since the base was protecting the whole nation, not just Orange County taxpayers. A letter from H. T. Johnson, assistant secretary of the Navy, states that 'the military department must undertake any environmental remediation that may be necessary before conveyance of the property.' Since Superfundlaw mandates that 'the polluter pays,' as long as the land is in the hands of the Navy, it is on the hook to pay."

"The notion that paving over the 'mess' solves the problem is pure poppycock. I can’t imagine anyone who would advocate less than 'clean' for the land we are hoping to deed to the future. Covering up the problem only leaves it for future generations to deal with. This is a matter of human health and the environment. We dare not compromise."

Click here for the entire article and more information on airport pollution. 

Irvine mayor, Larry Agran writes that, "Throughout the past year, Register editorials have echoed the scare tactics of pro-airport forces… that taxpayers will be on the hook for billions of dollars.”

"A new county report on the fiscal impact of a park proposal paints a much different picture. Contrary to the claims of airport promoters and past Register editorials, the report states that the Orange County Central Park and Nature Preserve Initiative will not raise taxes."

"Using the most pessimistic financial projections, the county report concludes that maintenance of the El Toro property could cost up to $2 million per year. That is less than 20 percent of the money that the county has wasted just this year promoting El Toro Airport."

"We have an enormous reservoir of philanthropy and civic pride. The Orange County Performing Arts Center, The Discovery Science Center and the Bowers Museum in Santa Ana, Orangewood Children’s Home and the United Way – all of these institutions were built with private contributions. None required a tax increase."

"The development of every major metropolitan park in America has been the result of three factors: the availability of a large tract of land; civic and business leadership; and broad-based citizen support. We are off to a terrific start with El Toro. We will have 4700 acres of land located right in the geographic center of the county and ready for reuse free of charge."

"Kansas City, Indianapolis, Dallas, Portland and dozens of communities far smaller than Orange County have created great parks. Does anyone truly believe that all these communities have a degree of civic pride, forward-looking leadership and private philanthropy that Orange County cannot match?"

"Orange County residents deserve more than a defeatist “can’t-do”attitude from our county’s largest newspaper. We need the vision and the leadership to encourage our county’s philanthropists to help to make Orange County Great Parks a reality."  Mr. Agran's complete article is posted in the Early Bird Section of the website.

"The city has a plan in place to build 12,350 homes near flight paths of the El Toro base although heavy opposition from airport backers could delay the project."

"The City Council will vote on the environmental study… at its March 12 meeting. The Irvine Co., the landowner, approached the city about developing the property, which has been zoned for agricultural use because of its location near the El Toro base."

"Airport proponents say possible residents of the Northern Sphere project would be subjected to airplane noise, poor air quality and congested streets. Furthermore, the city would incur liability costs should a plane crash in or near the neighborhood."

"'I'm very surprised that the city of Irvine, which prides itself on good planning, would put a housing development on what is being planned for an airport," said Bruce Nestande, president of the pro-airport Citizens for Jobs and Economy. 'It's unfortunate that they have such a callous disregard for new homeowners.'"

"But Irvine Mayor Larry Agran said he is confident a ballot measure [Measure W] to turn the base into a Great Park, a complex of museums, botanical gardens and sports fields at the 4,700-acre shuttered base, will be approved by voters…'The issue will be decided finally in March,' he said."

"Whatever new homes eventually do get built likely will go up over a span of about 10 years, said Walter Hahn, a real estate analyst at Ernst & Young in Irvine. Given its strong job growth, Irvine is particularly in need of more housing. While the addition of 12,000 or so units will not make a major dent in the housing crunch, it will help keep the imbalance between jobs and housing from getting worse, said."

The three justices of the Appeals Court asked hard questions of the attorneys but did not issue a ruling today.  They have 90 days for this.

The Court appeared to be split on some issues according to those in attendance. The possibility exists that parts of the initiative could be upheld while other parts are rejected.  For example, the measure's spending limits could be ruled unconstitutional while provisions for the peoples' right to vote are upheld.  It need not be an all or nothing decision.

If key provisions are upheld, Measure F requires that any and all airport expansion plans developed would have to be submitted to the voters for approval.  However, it does not bar the supervisors from working on such plans.

Regardless of the outcome of the Measure F case, it is necessary to pass Measure W, the OC Central Park and Nature Preserve initiative, in order to change the County General Plan and land use designation for the former Marine base.  The land use currently calls for an airport. Without a General Plan amendment, pro-airport supervisors can continue spending on planning and promoting various El Toro airport projects, indefinitely.

"When gubernatorial candidate Bill Jones declared his opposition to an El Toro airport Monday, it signaled that tendrils of the controversial proposal had reached into the statewide race."

"While the governor has no immediate bearing on whether an airport will be built, leading Republican candidates are paying increasing attention to the issue in an effort to win support in voter- rich south Orange County, which is adamantly anti-airport."

Read the entire article in the Early Bird Edition of this website.

Today, December 14 at 1:30 PM, the 4th District Division 1 Court of Appeals in San Diego will hear attorney's oral arguments on anti-airport Measure F.  Measure F, the Safe and Healthy Communities Initiative requires that any airport expansion or construction plan must be submitted to the voters for their approval prior to implementation.

The voters passed measure F in March 2000 by a 67.3 to 32.7 percent margin. It subsequently was challenged by pro-airport groups and was overturned last December by Los Angeles Superior Court Judge S. James Otero. Judge Otero's ruling was appealed and is the subject of tomorrow's hearing.

The Appeals Court has 90 days from tomorrow to issue a ruling.  The Court tends to be prompt and could rule prior to the March 5, 2002 vote on Measure W, another anti-airport initiative.

Anti-airport proponents of Measure F are cautiously optimistic about the appeal.  If Measure F were reinstated, the County's current airport system plan would have to go before the voters. Polling suggests strongly that the airport plan is unlikely to be approved.  This would stop the federal process for transfer of the base.

However, a ruling either way on Measure F is not going to alter plans of the "Yes on Measure W" groups.

Measure W, the Central Park initiative is essential to change the County General Plan for El Toro.  The current official land use designation calls for an airport. Without a change, there could be endless costly efforts to bring one new airport plan after another to the voters.

Check back here late this afternoon for a report on the hearing.  No ruling is expected today.

"Federal law and local resolve will ensure that toxic contamination at El Toro is cleaned up … backers of the proposed park said Thursday. Officials from the city of Irvine and a coalition of anti- airport cities denounced a report - paid for by a pro-airport group - that concluded the base may be too polluted to safely or economically use as a park."

"The report was written by environmental lawyer Greg Hurley, who chairs a panel overseeing El Toro cleanup plans, and was based on his review of a January 2000 study by Irvine of possible leaks of solvents from the base sewer system. His firm will be paid up to $15,000."

"'My report may be being spun, and I certainly knew it was going to be spun pro-airport when I agreed to work for them, [the Airport Working Group] but the message remains the same,' Hurley said. He added that he is not an airport advocate and only did the report for the airport backers to sound an alarm to make sure the base cleanup is thorough."

"Irvine officials … argued that the law leaves no choice but to clean it."

"They also said the park plan is more easily adapted to the ongoing environmental cleanup than the airport, because the park would unfold as smaller projects over decades…contaminants unearthed during construction could halt work. 'For the airport, they're under enough of a time pressure where that could be a big problem for them.''' Editor:  The airport would require the biggest earthmoving project in County history, and includes moving and regrading several of the runways.

"The City of Irvine and the Irvine Co. have shifted plans for new homes onto undeveloped land near flight paths for a proposed El Toro airport, according to interviews with city planners and an environmental study released Thursday. The plans call for 12,350 homes on land the city wants to annex as part of an 8,150-acre area called the Northern Sphere, which spreads north of the El Toro base past the Foothill toll road."

"The city has advocated circling the former base with homes, schools and child-care centers, a strategy aimed at enlisting more allies in its fight to keep the airport from being built.  Irvine Mayor Larry Agran said the city won't be restricted by an airport it doesn't support and believes won't be built."

Public Financial Management Inc., the consultants who completed a $187,000 impartial study of the O.C. Central Park and Nature Preserve initiative, under the direction of the County Auditor-Controller, found that, "It is unlikely that the initiative would result in additional environmental remediation costs".

On pages 90 and 91 of the report, the consultants write, "Given the legal framework, passage of the initiative would not alter DOD responsibility for required environmental remediation.  This remains true even if the initiative resulted in the costs of environmental cleanup at El Toro being higher than it would be under the current aviation-based reuse plan."

Among those listed as "consulted in analyzing this issue" was Greg Hurley, the lawyer paid by pro-airport groups to claim that cleanup constitutes a hurdle to park use.

Mr. Hurley knows as well as anyone that the federal government obtained clean land at El Toro and legally must return clean land. We don't want pollutants under either airport terminals or museums leaching into our water supply. 

"Orange County has misspent up to $400,000 of John Wayne Airport funds on redevelopment plans for the El Toro Marine base and will have to repay it, the county's internal auditor said Tuesday."

"Under federal law, revenue generated at John Wayne Airport can be used only at the airport… a 20-month review has determined that the money was inadvertently misspent.

"The Times reported last year that the county may have improperly spent as much as $834,000 in John Wayne Airport funds on El Toro. A Times analysis found that two management firms had been paid with airport money even though their airport-related duties were essentially complete."

"The use of John Wayne Airport funds has come under increasing scrutiny because airport security costs jumped after the Sept. 11 terrorist attacks… About $11.8 million in John Wayne funds has been earmarked for the El Toro planning effort for the fiscal year ending June 30… About $6 million is included in this year's budget for a public-information program; about a third has been spent."

"The board's two anti-El Toro airport supervisors--Spitzer and Tom Wilson--want a moratorium on El Toro spending to put John Wayne back in the black. But pro-El Toro airport supervisors Cynthia P. Coad, Chuck Smith and Jim Silva moved earlier this month to wait until January to consider options, including raising parking and aircraft tie-down fees." 

“NEWPORT BEACH -- Any elaborate work at the closed El Toro Marine Corps Air Station could create major delays for either an airport or a park, a city-funded consultant said Monday. Extensive digging would probably expose radioactive material, solvents and other toxins at the base, said Gregory Hurley, an environmental consultant hired by the Newport Beach-based Airport Working Group.”

“The [Airport]working group dipped into a city grant of $3.67 million, handed out earlier this year to bolster the case for an airport at the base, to pay for the report on the base's environmental issues.”

‘"We're going to find unexpected contamination,’ Hurley said. ‘There are going to be delays [to construction]. The less evacuation we do, the less expensive it would be.’"

“South County leaders derided Hurley's study, saying it actually supported their claims. [For example,] County airport planners have said they would need to dig up the aging runways at the base to bring them up to federal standards.”

"’The data seems to be more damning for the airport than for the park,’ said Meg Waters, the spokeswoman for the El Toro Reuse Planning Authority. ‘There's significantly more earth moving for an airport than for a park.’" 

Bruce Nestande and Citizens for Jobs and the Economy have filed a petition for review and a petition for writ of supersedeas with the California Supreme Court.  They are requesting that the Supreme Court stay the judgment of the Court of Appeal and order the Registrar not to place Measure W, the Central Park Initiative on the ballot pending the review by the Supreme Court.

The Court said that Nestande missed the filing deadline for a stay. The pro-airport group will try another tactic to bring the matter to back into litigation.

Meanwhile, the Park initiative remains on the ballot. The pro-airport move is seen as having little chance of legal success but it does tie up Measure W funds on continued litigation costs.  Please keep sending in those contributions for the campaign.

"Are the politics of Measure W -- the initiative to rezone El Toro as a park instead of an airport -- spilling into a lesser-known measure on the March 5 ballot?"

"Measure V would allow a special election to replace supervisors who leave office early. Republican Supervisor Todd Spitzer is the author of Measure V, which would keep Democratic Gov. Gray Davis from appointing his successor were Spitzer to leave office early to become an assemblyman."

"Pro-airport leaders Dave Ellis and Richard Taylor [of the Airport Working Group] signed the official ballot argument Friday opposing Measure V."

Editor: The AWG leadership from Newport Beach apparently hope that the Governor can be persuaded to appoint a pro-airport Supervisor to the vacancy, in a district that is heavily anti-airport. We endorse Measure V and the right of the electorate to chose their supervisors.

In another political story, the Times reports, "Rackaukas went penitently to south Orange County".

"He [District Attorney Tony Rackaukas] put his name on a ballot argument against an election-2000 measure [Measure F] that would have hamstrung the county when it came to building new airports and jails. Then last year… Rackauckas also yanked out of his prosecutorial lineup a criminal complaint filed against one George Argyros…  one of the loudest cheerleaders for an El Toro airport."

"Now Rackaukas, mindful that rich people often put their money where their gripes are, went penitently to the south Orange County home of Republican check-writer and new-airport-hater Ron Cedillos. There, he made his mea culpas and was welcomed back into the fold with open arms and open wallets."

Editor: Rackaukas, apparently at the urging of Argyros and Company, signed a ballot statement that anti-airport "Measure F is good for convicted criminals." A vote against Rackaukas for reelection sends the message that no one can get away lightly with supporting the El Toro airport. Those many residents not welcoming Rackaukas "with open arms" can give their vote to challenger Wally Wade and their money to help pass Measure W. Comments?

"For residents confused by the barrage of information, claims and counterclaims by the factions fighting over the future of the abandoned Marine Corps air base at El Toro, the county auditor has added some needed independent analysis to the mix."

"Park proponents have been saying their plan can be created without risk to taxpayers… Airport proponents say it will take tax dollars… So whom and what is a voter to believe?"

A fair and impartial analysis of the initiative by a third party has been needed. That's what County Auditor-Controller David E. Sundstrom has provided with his report prepared by a national consultant.

"The study concludes that local tax funds need not be involved in the park development and that the El Toro land could be given to the county at no cost because it is a public benefit. It also agreed with park proponents that the Navy would still have to pay cleanup costs for park as well as airport use."

"The potential losses to the county from a park instead of an airport could include 80,000 jobs and about $6 billion in annual economic activity by 2020, according to the report."

"The $187,000 Sundstrom spent for the study was money well spent. It supported some contentions and shot down others… For voters who have been facing the prospect of casting ballots for or against an airport or park without fully knowing the ramifications of their vote, the auditor's unvarnished report is welcome. It helps clear up the competing claims in the battle for the air base." Click here for the full editorial text.

Next Friday, at 1:30 PM in San Diego, the Court of Appeals will hear attorneys argue the merits of Measure F.  The anti-airport measure, which passed with 67.3% of the vote in 2000, is still very much alive despite its rejection by a Los Angeles judge a year ago.

If upheld in the higher court, the initiative would require that the airport plan approved by the Board of Supervisors be submitted to the voters for their approval prior to any implementation. Based on recent public polling information, the airport plan would be rejected by the voters.

Passage of Measure W - the Central Park and Nature Preserve Initiative - is still necessary to change the land use of El Toro to non-aviation designations.  Otherwise, the airport battle could continue indefinitely.  Without Measure W, airport proponents can continue spending public money on one new airport plan after another.

The Appeals Court, by letter, instructed attorneys to make oral arguments on just three legal questions:
1.  Does Measure F impermissibly interfere with essential governmental functions?
2.  Does the measure attempt to control administrative or executive acts, as opposed to legislative matters?
3.  Is the measure unconstitutionally vague in its provisions?

The Appeals Court specifically said it does not want briefing on "the initiative's arguable violation of the single-subject rule". The lower court called the initiative invalid for supposedly dealing with three subjects - airports, hazardous landfills and jails.

The higher court's letter suggests that the initiative - which deals with "projects which affect the [public] health and safety" - will pass the single subject test. If the Appeals Court agreed with the lower court, there would seem to be little reason to argue the more technical issues.

"A San Diego court Friday barred Orange County from spending any money to oppose a March ballot measure that would end plans for an airport at El Toro. But what, exactly, that means depends on which side of the El Toro airport debate you're on."

"'It's crystal clear that this injunction is against the 'Just the Facts' program,' said attorney Richard Jacobs, who argued on behalf of the spending freeze for the El Toro Reuse Planning Authority… 'Judges don't issue injunctions to stop someone from doing something that they're not doing,' Jacobs said."

"County attorneys, meanwhile, said the county has no intention of changing its public outreach. The county hasn't spent any money opposing the initiative, which isn't even mentioned in El Toro materials, Deputy County Counsel Don Rubin said. 'Our position is that we're not promoting an airport, we're providing information about the county's airport plan.'"

"About $2 million has been spent this year on public outreach for the county's airport plan, with another $4 million to be spent by June 30. The money has come from John Wayne Airport, whose director warned county supervisors this week that it faces a deficit this fiscal year if parking and other fees aren't raised."

"The mystery over what the judge actually ordered won't be solved until Jacobs submits a final ruling for [Judge] Hayes to sign. He has five court days to do so. Jacobs will write the ruling because he asked for the injunction."

"Supervisor Todd Spitzer, who opposes an airport, said he wants to see what the judge actually orders before celebrating. If spending on El Toro is halted, 'We can finally stop the wasteful garbage that's been spewing out of the county,' he said."

"The total El Toro program--including planning, environmental studies and attorney costs--will be about $11.8 million this fiscal year. Since 1994, planning for El Toro has pulled about $52 million from John Wayne Airport revenues."

The Register adds the following information: "As the initiative drive kicked off in May - and as the county launched its $8 million pro-airport campaign - airport foes halted their PR efforts and said such spending was illegal given the initiative. They called on the county to do the same, and when the county did not, the lawsuit was filed."

"If the broader ban on county El Toro PR is upheld, it would silence the biggest source of pro-airport PR leading up to the March 5 election on Measure W."  Another lawsuit is pending against the City of Newport Beach and the Airport Working Group.

"Still at issue in the lawsuit is whether the money spent so far - roughly $4 million - should be paid back to the county.The anti-airport cities have asked in their lawsuit that those that received the county funds - including [OCRAA] a pro-airport coalition of cities, one of its officers [General Art Bloomer] and two public-relations firms - be ordered to give it back." 

"County Supervisors Jim Silva and Tom Wilson will run unopposed for reelection in the March primary, the county registrar of voters reported after Friday's filing deadline. Supervisor Cynthia P. Coad will be challenged by Fullerton Councilman Chris Norby." Norby is anti-airport.

Editor:  By having no challenger, Wilson and his backers can put their effort and money fully behind passing the OC Central Park and Nature Preserve initiative.

The Superior Court in San Diego, the Honorable Charles R. Hayes presiding, granted ETRPA's request for a preliminary injunction against County pro-airport public relations spending.  The ruling states in part, "The Court after considering the evidence and balancing the Parties' equities hereby grants Petitioner/Plaintiff Paul D. Eckles' Motion for the Issuance of a Preliminary Injunction enjoining the Orange County Defendants from expending public funds in connection with opposing the "Orange County Central Park and Nature Preserve Initiative".

The judge examined County "Just the Facts" literature in the course of making his ruling.

The Central Park initiative, Measure W, overturns the airport land use designation at El Toro. ETRPA and initiative supporters contend that the County's pro-airport spending is an illegal attempt to influence the outcome of next March's election.  The Litigation Section of this website will be continuously updated, as details become available.

Mike Smith, a volunteer with the Committee for Safe and Healthy Communities - Yes on W has assembled a group of case studies that illustrate how the funds for parks, museums, universities and theaters often come from private contributions. His data demonstrates why many features of the OC Central Park can be built without taxpayer money.

Click here for information on privately funded projects, beginning with our own Orange County Performing Arts Center in Costa Mesa.

"County El Toro director Gary Simon and a top aide are scheduled to meet in closed session with county supervisors Tuesday for a performance evaluation requested by Supervisor Todd Spitzer. Simon and El Toro real estate manager Mark Morgan were criticized last month by Spitzer after a mix-up over utility rates at the closed Marine base."

"By using the wrong rates, the county could lose as much as $775,000 on a 10-year lease with Cal State Fullerton."

Editor:  The utilities rate snafu also resulted in the closing of the El Toro preschool.

Supporters of Measure W, the Central Park initiative, have accused pro-airport County officials of systematically minimizing the amount of non-aviation income that can be generated from base facilities.  A recent study, conducted under the direction of the Auditor-Controller, said that the park would cost the County almost $2 million a year.  However, the consultants' figure resulted from using Simon's low assumption of income from renting out only 300 of the base's 1187 residences.

"A surprising onslaught of responses to a mail campaign have city officials encouraged that neighboring cities will ally with them to fight for extended restrictions on John Wayne Airport. The city sent out about 200,000 letters in mid-November to residents of Newport Beach, Costa Mesa, Orange, Santa Ana, Tustin and Anaheim. These 'corridor cities' were targeted because they lie in the path where the effects of airport noise and pollution can be felt the most."

"'We're very encouraged by the numbers,' City Manager Homer Bludau said. 'The more people that know the importance of this settlement agreement extension the more people will get involved in telling their county supervisors to extend the settlement.'"

"The letters sent out last month were the first of three mailers the city plans to send out to the corridor cities."

"Officials are heartened that the county will seriously consider Newport Beach's request to extend the agreement another 10 years. That won't happen until after it considers [alternatives in] an environmental study for the airport, probably in February. Newport Beach officials hope that, by March 1, the agreement will be officially extended."

Question to viewers:  Will extending the JWA caps help or hurt the Central Park initiative and efforts to block El Toro Airport? Click here for the Message Board.

"Terminal parking at John Wayne Airport would cost $17 a day - up from $11 - under a proposal recommended by Airport Director Alan Murphy. But county supervisors voted 3-2 to delay any rate hikes at John Wayne Airport for two months, despite protests from two supervisors who argued [that] no increases would be needed if airport funds were no longer used to pay for a proposed second county airport at the former El Toro Marine base."

"'At least have the guts to say you want the money for El Toro so you're going to raise parking rates,' Supervisor Todd Spitzer said of his pro-airport colleagues after the meeting. 'But to put it off? And continue spending for El Toro? That's just recklessly irresponsible.'"

"By the time supervisors next discuss any rate hikes for John Wayne Airport, the fate of the El Toro project could be nearly decided. An election on a voter initiative to make the former base into a park is scheduled for March."

"Supervisors acted Tuesday to give the initiative a name - Measure W - and to officially place it on the March 5 ballot. The vote was 5-0. The law allowed the three pro-airport supervisors no choice but to swallow hard and acknowledge that the measure had legally qualified for the ballot."

"The only hint of disgruntlement came over its name. Board Chairwoman Cynthia Coad, an airport backer, briefly argued to label it Measure U instead of Measure W. 'I just thought U sounded good,' Coad said later."

Editor: Schoolteacher Coad's desire to give the Central Park and Nature Preserve Initiative a U for Unsatisfactory is a reminder of Supervisor Smith's choice of F for the Safe and Healthy Communities Initiative two years ago. It's was an old and bad joke and didn't work.

See below for our website reports on both issues - that were published yesterday. Complete newspaper texts are in the Early Bird Edition.

This afternoon, Auditor-Controller David Sundstrom presented his fiscal analysis of the Central Park initiative to the Board. He defended the study as impartial while accepting that it may not satisfy both sides.

Supervisors Coad and Smith were the only persons who seemed dissatisfied. Coad said, "It is very unclear to me how we can get our [pro-airport] message to the people."

A string of 14 all anti-airport, pro-park speakers came to the podium and praised the Auditor-Controller's report for finding that there will be no taxes for the park. Several blasted County and AWG literature for "lying" on the subject.  They heaped criticism on Supervisors for spending public money to publish misinformation.

Coad attempted to designate the initiative as "Measure U" but was overruled by her colleagues upon the recommendation of County Counsel.

At today's Board of Supervisors meeting, Supervisors Coad, Smith and Silva ducked their fiscal responsibility and stalled action on preventing more John Wayne Airport red ink.

Airport Director Alan Murphy acknowledged that reduced revenue, higher security costs and spending on El Toro have put the airport into a loss position.  Murphy said - under questioning by Supervisor Todd Spitzer - that spending $9.5 million on El Toro planning and public relations during the remainder of the fiscal year was the margin between a loss or gain at JWA.

Murphy made recommendations for increased parking and other fees to cover the shortfall. See article below. Coad moved to stall action until December 18 and Smith substituted a motion to delay until a January meeting.

Spitzer suggested that they wait until after March 5, drawing a laugh from the audience.  Dave Kirkey, addressing the Board during public comments, chided them for wasting $50 million, which will be all lost once the voters kill the airport project.

Tom Wilson, along with Spitzer, asked the Board to at least declare a moratorium on El Toro spending until they dealt with John Wayne's fiscal needs. Smith said, "I'm not going to support that."

The 3-2 vote to keep spending, without action to replenish the till, came almost exactly 7 years after OC suffered the worst municipal bankruptcy in the nation's history - on December 6, 1994.  We are still paying for it. 

"John Wayne Airport - The airport's financial health isn't critical but does need some reviving, director Alan Murphy said Monday. Murphy made the comments on the eve of presenting a two-month review of post-Sept. 11 finances to the Orange County Board of Supervisors… At today's board meeting, Murphy will lay out three possible options for the board to consider as a way to get a handle on an expected $10.4-million budget shortfall for the 2001-02 fiscal year."

"Under all three scenarios, fewer dollars would be available to supervisors for 'discretionary spending.' That money, a pot of about $13 million per year in revenue, has historically been used to plan and develop an airport at the closed El Toro Marine Corps Air Station."

The scenarios involve a mix of higher airline fees, hourly parking and aircraft hanger and tie-down rentals. Each will leave less for El Toro spending but still result in a loss for John Wayne.

Update - At the Board meeting, when questioned by Supervisor Spitzer, airport manager Murphy acknowledge that John Wayne would be in the black were it not for the spending on El Toro.

Editor:  Also, at this time, the County and Newport Beach are preparing an environmental impact report (DEIR 582) for the possible modest expansion of the existing airport - which would require funding.  See article below. The scope of the expansion alternatives considered can be found on a Newport Beach website page. 

Under preferred Scenario 1, of a JWA environmental impact report released November 20, "the airport would be allowed to add four more passenger gates, 1.4 million more passengers annually and 12 more of the noisiest daily flights. City officials view the plan, a slight expansion from the airport's current levels, as a reasonable compromise to gain the support of a range of groups -- the Federal Aviation Administration, the airlines, city residents and others."

"The report, open to public comment until Jan. 7, also includes two other scenarios for the extension of the 1985 settlement agreement that put many of the airport's flight restrictions into place… Under the second option, known as Scenario 2, the airport could grow to 10.8 million passengers annually. Under the third scenario, no limits would exist on passenger levels after April 1, 2002."

"The environmental analysis also includes three alternatives to the three scenarios. One alternative would keep the airport status quo, a second would pull off all limits and the third offers a slightly larger expansion than the city's preferred plan."

"The board [of Supervisors] is expected to consider the plan early next year."

See the LA Times editorial on this issue, below.

For five decades, John Wayne Airport has been Orange County's only airfield providing commercial passenger service… That's why Newport Beach and county supervisors now seem so eager to quickly renegotiate and extend the 20-year compromise agreement that sets annual passenger limits and flight caps at the airfield.

"The agreement has four years to run, until the end of 2005, but two recent developments have increased the anxiety … to keep air operations at John Wayne well below the county airport's capacity… A state appeals court panel … ruled that the county must put an initiative on the ballot that would rezone the 4,700-acre former Marine Corps air base at El Toro for a park, killing the county's plan for a new commercial airport."

"A survey by Cal State Fullerton and the Orange County Business Council… says that opposition to the airport plan is growing. It's now strong in North County cities (with 52% opposing), and anti-airport sentiment in the South County has been fervent for a long time. According to the survey, overall about 60% of county residents oppose the airport."

"And considering other factors in the post-Sept. 11 environment… there aren't any firm figures the county can point to that pin down with much reliability what passenger needs in the foreseeable future will be. Population projections do envision growth in Orange County, but most of the big growth is envisioned for some other counties in Southern California."

"So, what's the rush? How can the Board of Supervisors--or the public--make any well-reasoned decisions while those major factors remain unresolved?"

"We can understand Newport Beach's hurry. Since the 1960s, the city consistently has exercised its parochial interest and opposition to John Wayne expansions. But while being considerate of Newport Beach's predicament, supervisors' interests and responsibilities are much broader. They must balance the needs of the entire county."

"Does it make sense then, before all the votes are in, to lock the county's airport future in prematurely to some arbitrary operating restrictions with no room for any expansion for another 10 years? No."

Comments on this topic can be posted on the Message Board.
See also the information below about John Wayne Airport's runway.

"John Wayne Airport has asked the FAA to open a safety investigation to determine why Delta Airlines jets have blown tires while landing at the airport nine times since 1998, officials said Saturday."

"Aviation experts said the number of blowouts at John Wayne is extremely high, probably exceeding those at airports many times larger. All nine incidents involved MD-90 jets… officials don't know whether the blowouts are simply a coincidence or whether something about the tarmac or the MD-90 aircraft is causing the problem."

"Linda Pauwels, an American Airlines pilot who serves on the safety committee of the Allied Pilots Assn… said tire blowouts on commercial jets during landing are highly unusual. 'I have never experienced a blowout and I've been flying 20 years,' she said. 'And I have experienced three engine failures.'"

She said one explanation could be that John Wayne's 5,700-foot commercial runway is one of the shortest in the nation, causing pilots to brake harder during landings."

Editor:  El Toro proponents are sure to seize on this point. Therefore, it should be noted that there is room on the John Wayne property to lengthen the runway - both to the north by paving over the grass and to the south by relocating some equipment. The decision to lengthen the runway for safety's sake has been stalled for years, by what appears to be political considerations and a desire to press for an El Toro alternative. 

"A by-the-numbers look at the so-called Great Park initiative shows that it will not create any new taxes or tax increases, the county auditor [David Sundstrom] said Friday."

"But according to the analysis, county spending on a park would be about $19 million greater than outlays for an airport plan, or roughly $1 million a year, and would compete with other priorities. Most of that $19 million would cover maintaining the base, except for development of some sports fields and an amphitheater, Sundstrom said."

"Under the report's scenario, most of the proposed park is expected to remain undeveloped for at least seven years during the planning and design process. The first cultural facilities, including sports fields and an amphitheater on 200 acres, might not be developed for 18 years but are included, along with park maintenance, to add up to the $1 million annual price tag, Sundstrom said."

Editor: After release of the report yesterday, the Auditor-Controller issued a correction according to the Times. The annual cost was reduced from yesterday's $2 million to $1 million. "If that sum is divided by the county's 2.8 million residents, 'It's only 30 cents per person' a year to have the park there."

"'Where is the money going to come from? If it's the general fund, well, what are we going to cut out? The sheriff's budget? The health care budget?' asked Board of Supervisors Chairwoman Cynthia P. Coad, who favors an airport at the base."  Editor: Really Madam Chair! The County budget is $4,660 million a year. There must be a spare $1 million in there without cutting out the sheriff or health care.

"The analysis also contradicted a previous study funded by a pro-airport group that said it would cost the county $418 million to buy the land. The auditor's report said the land could be conveyed to the county for free because it's a public benefit."

"The report also said it is unlikely the initiative would result in more cleanup costs because the Navy must pay to clear the base of hazardous materials like the solvents used to degrease aircraft engines."

"A county study of the ballot measure to make El Toro a huge park instead of an airport makes clear that the initiative won't trigger a tax increase - but finds that residents would likely wait decades before much of a park is built."

"The initiative is not likely to increase the cost of environmental cleanup of the base, and the county would likely be able to acquire the land for free for a park - two points that airport backers fighting the park long have argued an opposite view."

"Both sides had reviewed drafts of the study to provide [County Auditor-Controller David] Sundstrom with their critiques and input, and both were ready Friday to trumpet those results that best backed their position."

"'We consider it extremely good news for the initiative,' said Len Kranser, a spokesman for the park campaign, crafted to kill the airport plan. 'It completely repudiates the campaign by (airport advocates) who have been threatening residents with a tax increase if they vote for the initiative.'"

"'You have to have a tax increase to do what they say they are going to do,' said Bruce Nestande, head of the pro-airport Citizens for Jobs and the Economy."

"Though the initiative essentially just changes the zoning at the base - from airport to park - the consultants studied a modest version of the park they believed could be accomplished by 2020. It included a natural history or science museum, two golf courses, a satellite campus for California State University, Fullerton, and several hundred acres of parkland."

"To do that much, the consultants said the county could rely on revenues from golf, stables and RV storage - among the current public uses - and on leasing base agricultural lands, warehouses, offices and homes."

Kranser said the park backers have never said it would be built with all the trimmings in a few years, and that the report issued Friday simply describes the long time frame necessary to bring about a particular vision for Orange County. Kranser said. The initiative 'preserves the land for your children and grandchildren.'"

"'It's the economic loss that's the biggie,' said Supervisor Charles V. Smith. 'It's really a scam that's being perpetrated on the people, because they won't get what they think they're going to get when they vote for this,' he said. 'They won't get a great park. All they're going to have is close to 5,000 acres of nearly unusable land, with two runways and a bunch of falling-down buildings.'" 

"Rep. Chris Cox is looking for an opening to insert language into a federal bill to help smoothly extend the flight restrictions at John Wayne Airport."

"The new legislative provision would allow a new agreement -- between Newport Beach, Orange County and two airport groups -- to remain exempt from the [1990 Airport Noise and Capacity] act, which prohibits airports or local agencies from unilaterally imposing curfews, flight caps or any other limits on airline activity.

"The county released an environmental report with a handful of potential scenarios for extending the settlement agreement, which will expire in 2005… The city has endorsed a plan to expand the airport from 14 to 18 gates, add 12 of the noisiest flights and increase the passenger limit to 9.8 million travelers."

"Rep. Dana Rohrabacher, whose district includes Costa Mesa… and the county's five other representatives -- Reps. Ken Calvert, Darrell Issa, Gary Miller, Ed Royce and Loretta Sanchez -- all signed a letter supporting the move." 

Click here for previous news stories