Project '99

A PLAN OF ACTION TO PROTECT AND IMPROVE OUR COMMUNITY • FEB. 1997

A Note from Larry Agran Chair of Project ’99

Dear Neighbor,

This is the first of our Project ’99 monthly updates for 1997. This update is made possible by you and others throughout Orange County who have generously donated their money — and often their time — to Project ’99. Project ’99 was founded as a non-profit, citizen-based organization.

Our purpose: to undertake research and education to ensure the environmentally safe reuse of the Marine Corps Base at El Toro. Some of the suggested reuses of the 4700-acre base include: a “railport” for modern train systems and a regional monorail; a mixed-use research park; arts and entertainment facilities; learning centers; sports arenas; and a vast 2000-acre agricultural, open space and wildlife preserve that could be part of a beautiful Orange County Central Park. Interestingly, these uses are incompatible with the proposed El Toro International Airport.

That’s why Project ’99 organized and published a citizen-drafted 141-page study entitled In Defense of Our Community. It challenges the County’s Environmental Impact Report and the entire El Toro International Airport proposal.

Now, Project ’99 is working with South Orange County city governments and with other citizen groups — Taxpayers for Responsible Planning, the Orange County Business Coalition, and homeowner associations. We are helping to organize the 10-year battle over the future of El Toro. The battle will include many lawsuits. In fact, three have already been filed. They’re summarized in this newsletter. In the struggle ahead, we believe our strongest asset is an informed citizenry. You can be sure that we at Project ’99 will do our best to keep you informed. Thanks again for your generous support!

A TRIO OF AIRPORT LAWSUITS

Three cases have already been filed. They challenge the County’s El Toro International Airport plans.

1. THE CITIES’ SUIT: Lake Forest, Irvine, et al. vs. County of Orange On January 9, 1997, eight South County cities filed a lawsuit in Orange County Superior Court. The suit challenges the legal adequacy of the County’s Environmental Impact Report (EIR), which promotes the reuse of the Marine Corps Base at El Toro as an around-the-clock international airport. The EIR was certified by the Orange County Board of Supervisors by a 4-1 vote on December 11, 1996. The lawsuit was filed by the cities comprising the El Toro Reuse Planning Authority (ETRPA), which include Irvine, Lake Forest, Laguna Niguel, Dana Point, Laguna Hills and Mission Viejo. The cities of Laguna Beach and San Juan Capistrano also joined the suit.

Lake Forest, Irvine, et al. vs. County of Orange claims that the EIR failed to comply with the requirements of the California Environmental Quality Act (CEQA). The suit charges that the EIR seriously understated the adverse effects of air pollution, noise pollution and traffic congestion associated with the development of a 38.3 million-passenger-per-year airport at the El Toro site. The South County cities claim the EIR also failed to address concerns about existing soil and groundwater contamination at El Toro; it failed to examine other locations for the airport; it failed to adequately consider other public and private reuse options; and it failed to adopt enforceable measures to mitigate major environmental concerns.

The eight cities participating in the suit are represented by Richard Jacobs of the San Francisco law firm of Howard, Rice, Nemerovski, Canady, Falk and Rabkin. It is anticipated that the first hearing on the case will be held in late spring, 1997, and a decision is expected by the end of the year. If the suit is successful, the County could be ordered to prepare a new EIR, a process that could take years to complete.

2. THE CITIZENS’ SUIT: Taxpayers for Responsible Planning vs. County of Orange On January 10, 1997, the citizens’ group, Taxpayers for Responsible Planning (TRP), filed suit against the County of Orange and the Board of Supervisors. TRP seeks to overturn the Board’s decision certifying the El Toro International Airport EIR. TRP is a non-partisan, grassroots political committee which was formed in 1994 to oppose a commercial airport at El Toro.

TRP’s lawsuit identifies five major deficiencies contained in the County’s EIR document. First, the suit alleges that the adverse effects of the airport are understated due to the use of improper analyses, descriptions and baselines. Second, the suit contends that the EIR failed to identify the project’s effects on the habitat of certain threatened wildlife species. Third, the lawsuit notes that the County failed to propose effective mitigation measures to remedy the adverse environmental impacts. Fourth, the suit claims that the County failed to adequately respond to thousands of public comments on the EIR. And, fifth, the suit challenges the EIR’s findings as unsubstantiated by fact.

It is likely that the cities’ lawsuit and the citizens’ lawsuit will be consolidated into a single proceeding in the months ahead. In Taxpayers for Responsible Planning vs. County of Orange, TRP is represented by James Moose, an attorney who specializes in environmental law and is a member of the Sacramento law firm of Remy, Thomas and Moose.

3. THE “MEASURE A” SUIT: Lake Forest, Irvine, et al. vs. County of Orange (Measure A) The cities comprising the El Toro Reuse Planning Authority (ETRPA) continue to pursue a legal challenge to Measure A, the narrowly-approved 1994 countywide ballot initiative which requires the conversion of the Marine Corps Base at El Toro to a commercial airport. Despite the 51-49 percent voter approval, Measure A is being challenged on the grounds that it created extensive and fundamental inconsistencies in Orange County’s General Plan.

The legal challenge to Measure A was complicated by the bankruptcy proceedings, but the suit is now progressing. The case was transferred to San Diego to ensure an impartial venue. Although a San Diego trial court judge ruled against ETRPA’s challenge to Measure A, the decision was appealed and is now before the Court of Appeal in San Diego. The cities taking this action have been successful in obtaining an expedited appeal hearing. Briefs have been filed, and it is expected that oral arguments on the appeal will be heard this March.

If the appeal is successful, Measure A will be overturned, allowing the El Toro property to be reused for purposes other than a commercial airport. This, in turn, would effectively require a new EIR, since the County’s EIR — and its preferred reuse option — assumed there would be an international airport at El Toro. An added note: If Measure A is overturned, the County would have to amend its General Plan before it could go forward with a commercial airport at El Toro. This would itself be a lengthy and complicated process.

The cities are represented by Richard Jacobs of the San Francisco law firm of Howard, Rice, Nemerovski, Canady, Falk and Rabkin in the Measure A suit, as well as the new EIR lawsuit.

FUTURE EVENTS

LAWSUITS: It is expected that many additional suits will be filed over the next several years, challenging the proposed El Toro International Airport. These lawsuits will rely on a broad range of legal arguments and will be filed in federal court, as well as in state court.

PRESS BRIEFINGS: Project ’99 will host a series of monthly briefings regarding issues raised — or not raised — in the County’s EIR on El Toro. The first briefing will be in March. Look for more details in next month’s newsletter.

WRITE-IN: Project ’99 will participate in The 12th Annual Great American Write-In on Saturday, March 8th, sponsored by WOMEN FOR: Orange County. This event is designed to provide a forum for participants to learn about important public issues and write informed, effective letters to elected representatives. Groups involved in the Write-In focus on a wide variety of issues, including health, education, and the environment. The Write-In will be at the University Club at UCI (Berkeley Road and Los Trancos) from 9:30 a.m. to 12:30 p.m.

THE WEBSITE: Project ’99 is one of several groups contributing to the El Toro Airport website, which is managed and edited by Leonard Kranser. Look for additional information at: http://www.eltoroairport.org.

Project ’99 is a special project of the Tides Center, a duly registered public charity. Donations to Project ’99/Tides Center are tax-deductible to the extent permitted by law.

Project ’99 Newsletter Director of Communications, Karen Byers Director of Media, Alan Ellstrand