TRP NEWS, November, 1997 Edited for web site publication

TRP Wins Major Legal Victory

In a major victory for TRP and all opponents of the proposed airport at El Toro, Superior Court Judge Judith McConnell ruled on October 28 that the environmental studies for the airport are critically flawed.

Judge McConnell granted nine of the seventeen points in lawsuits brought against Orange County by TRP and a coalition of eight south Orange County cities. "I am ecstatic at the decision," said Bill Kogerman, Executive Director of TRP. "This is truly a victory for all of the taxpayers of Orange County. Our position has always been that the County is wasting money by doing improper studies with biased and incompetent consultants and staff. This ruling shows that the more than $2.7 million spent on the Environmental Impact Report (EIR) was wasted."

Judge McConnell ruled that the EIR is "…unrealistic and has the effect of artificially minimizing the proposed project's environmental impact…" by using improper methods of estimating those impacts. This ruling is key, since all of the environmental comparisons were based on this improper reference or baseline.

"The airport supporters are trying to say this is just a simple 'fix-it ticket.' The fact is, this is not a 'fix-it ticket,' the judge has ordered the County to buy a completely new vehicle. TRP is calling on the majority of the Board of Supervisors to get their heads out of the sand and to begin to do some real planning for a reuse at El Toro for all of Orange County," said Kogerman.

Included in the legal ruling against the County was that public comments on the EIR were improperly addressed. "This finding demonstrates the attitude of County planners to ignore the public and address special interests. This attitude must stop!

Taxpayers of this County deserve the highest and best use of this land," said Kogerman.

The Judge's ruling was on two legally joined lawsuits filed earlier this year in response to the action last December 11 by the Board of Supervisors in approving an EIR for an airport at El Toro by a 4-to-1 vote (Supervisor Tom Wilson voted no; Supervisor Spitzer had not yet taken office). The suits, filed by TRP and by a coalition of south Orange County cities, were consolidated and sent to San Diego to remove any possible conflicts in Orange County.

The TRP lawsuit has been funded entirely through public contributions. "I really have to thank everyone who contributed to our effort. The response of the public to our calls for support has been overwhelming. I particularly wish to thank the organizers of the 'No Jets' affair for raising a major portion of our legal expenses. I also want to express my highest appreciation for our attorney, Jim Moose. He is simply the best," added Kogerman.

The next step in the process is the drafting of remedies by the winning attorneys. Then, it will be up to the Board of Supervisors to choose whether to completely rewrite the EIR or to appeal the decision "Any appeal at this point would be a classic example of throwing good money after bad. Even the airport supporters concede that this is a bad EIR. The County should do something right for a change, by starting over and considering all planning options in an unbiased, competent manner. The Board should certainly stop their $20 million wasteful planning effort and concentrate on determining the best uses for El Toro," said Kogerman.

The impact of this decision at the federal level is not yet fully known. "TRP is calling on the Department of Defense to immediately stop all work on their Environmental Impact Statement since the reuse plan forming the basis of the study has just been thrown out. The Department of Defense should wait until a competent EIR is available," added Kogerman.

Judge McConnell's decision caps a fabulous month in the fight against the airport. Seemingly every day brought news of the growing opposition to the County's plans. Among last month's highlights: a new UCI poll showing a majority of Orange County residents are opposed to the airport; the Board of Supervisors voting to let ETRPA do non- aviation studies; a letter from the Allied Pilots Association opposing the proposed airport plan; a separate ruling from Judge McConnell supporting the city of Irvine's plans to zone a portion of the El Toro site; and the news that the Orange County Grand Jury is investigating the El Toro planning process.

General Meeting Set for December 1 in Laguna Beach

A TRP general membership meeting will be held on Monday, December 1, at Tivoli Terrace in Laguna Beach. Tivoli Terrace is located on the Festival of Arts Grounds. This meeting is being sponsored by the Laguna Canyon Conservancy as part of their monthly dinner meetings. A buffet dinner will be served at 6:00 PM for $10. Seating is limited and will only be guaranteed to those with dinner reservations. To make a reservation, call 472-5414 no later than November 28. This promises to be one of our most exiting general meetings as we celebrate our recent legal victory and the continuing rise of anti-airport sentiment in the County. Come to this meeting and learn all of the details about our recent triumphs!

Comedy Night "Fun Raiser" Encore in Irvine November 20

For those of you who missed the premiere performance of anti-airport comedian Jeff Jena in September, and for those of you who would like to see it again, an encore has been scheduled for Thursday night, November 20. The show will be held at the Improv comedy club, located in the Irvine Marketplace across from UCI.

The premiere show was sold out and received rave reviews by all in attendance. The ticket price includes the show, dinner, taxes and gratuity, chances to win exciting prices and a pass for two to a future show. Proceeds from this event will benefit TRP in our ongoing programs. Tickets for the Comedy Night Encore are $50 each. Please call Sergio Prince at 472-5414 for reservations or for more information.

Coto de Caza Event Planned January 17

Mark your calendars. A major fundraiser for TRP has been scheduled for Saturday, January 17. This special event will be held at the Coto de Caza County Club.

The planners of this event are trying to match the success of the No Jets fundraiser held last June. That event was responsible for a large portion of the funding of the successful TRP EIR litigation. Now, we must prepare for the County's next legal adventure. Details of this event will be in the next newsletter.

If you want to help in the planning and/or ticket sales or if you want to reserve your block of tickets now, please call John Zarian at 459-5530. Please make your plans now to attend.

Delay the EIS – Contact Our Federal Officials

The recent TRP legal victory means that the on-going federal studies on El Toro reuse must be halted. These studies were begun several months ago using the Base Reuse Plan developed by the Orange County Board of Supervisors. This Plan was based on the EIR done for an airport. Since Judge McConnell has ruled that the EIR is badly flawed, it makes no sense for the federal government to continue their studies based on this faulty document.

TRP is asking its members to write or phone the people in charge of the federal reuse planning and ask them to delay the process until better data is available. Request at least a six month delay to allow time for ETRPA to develop a non-aviation reuse and for the County to begin clean-up of their EIR. The points to make include: Studies based on the County's EIR and technical data are virtually worthless since they used an improper baseline that minimized the airport's impacts, as verified in court. Any federal study must consider viable non-aviation uses and the best studies will not be available until early spring of 1998.

Send your letter to:
William Cassidy Deputy Assist. Secretary of the Navy
1000 Navy Pentagon
Washington, DC 20350
FAX: (703) 693-1165

Honorable John Dalton Secretary of the Navy
1000 Navy Pentagon
Washington, DC 20350
(703) 695-3131
FAX: (703) 614-3477

Thanks to Members for Survey Responses

Last month's newsletter carried a survey asking our members for their opinions on reuse options for El Toro. The response to this survey has been overwhelming and the TRP Board of Directors wishes to thank all members who took the time to answer. "Our members are the best! They are knowledgeable, informed and willing to get involved. The answers to this questionnaire will be invaluable in the non-aviation reuse planning efforts," said Denny Harris, TRP Director.

Membership Drive Continues

Many of you have responded to our request last month to renew your TRP membership. As a membership organization, TRP relies heavily on yearly dues to fund many of our programs, including this newsletter, lobbying efforts and a portion of our legal bills. The Board of Directors of TRP wishes to thank all of you who have sent in your renewals. It is through your generous support that TRP is able to achieve our goal to develop the best reuses for El Toro.

Unfortunately, some of you still have not renewed your membership. Please take a moment to verify that your membership is current. Simply check the mailing label on this newsletter. If there is an asterisk by your name, you are a current member; if there is no asterisk, please renew your membership as soon as possible.

If your dues are not current, you may receive a call from one of our volunteers asking for your renewal. Please treat these volunteers with courtesy, they are on our side.

TRP Continues to Lead in Non-Aviation Reuse Planning

The recent string of dreadful news for airport backers has intensified the interest in non-aviation reuses for El Toro. TRP has historically led in the efforts to seek out private sector entrepreneurs who are interested in developing high-value, community enhancing uses at El Toro. In the past six months, TRP has developed a number of reuse options. Not just theoretical musings, these are uses with financial backers willing to invest in our future.

The options developed so far include: A sports complex, including a hotel surrounding an 80,000 seat football stadium. This plan is backed by sports authority Mike O'Hara with funding from the Tata Group. A state-of-the-art theme park based on space exploration. Planet Earth is backed by Wonder- Works Entertainment Group. A Smithsonian Institution-style museum complex. Last July, TRP had extensive discussions with the Provost of the Smithsonian Institute on the details of this plan. Motion picture studios. TRP is currently discussing this concept with a well-known Hollywood producer. A veterans memorial and cemetery for our honored servicemen. TRP has been developing this concept for several years. A world-class tennis facility with stadium court. TRP leaders will continue to seek out and meet with entrepreneurs who can see the real potential of the El Toro site and who are willing to invest in the real future of Orange County.

ETRPA Update By Pat Bates

This month was a true Octoberfest for ETRPA and all taxpayers opposing an airport at El Toro. With all of our victories, October will certainly go down as the turning point.

For ETRPA, the month began with the County and federal authorities granting ETRPA official designation to prepare the non-aviation re-use alternative for El Toro. This is a significant victory because, finally, the County's grossly flawed 38 million annual passengers nightmare will have to stand the test of comparison to a dynamic, empirically honest, superior economic non-aviation plan.

ETRPA scored again in obtaining an outstanding Executive Director to lead our planning efforts. Mr. Paul Eckles, the recently retired City Manager of Inglewood, agreed to join our cause. Paul's knowledge and experience, acquired over 20 years as Inglewood's chief executive, in the battle over the ever expanding LAX and its devastating impacts on surrounding communities will provide ETRPA with invaluable insights and strategies as we continue our quest for responsible land use planning.

Of course, the big win of the month, and of the five years of effort to date, was the Court's decision in favor of the ETRPA/TRP EIR lawsuits. While there are many opinions as to how devastating this decision is to the County's airport plans, one thing is certain – an airport is not 'a done deal'. We must heed the words of Winston Churchill to "never, never. . . give up", El Toro's destiny is ours to make. ETRPA is committed to be a driving force for that end.

Pat Bates is the Vice-Chair of the El Toro Reuse Planning Authority and is a member of the TRP Advisory Committee

Join the Winning Team

Let's continue the momentum to defeat the airport. Here's what you can do:
Be sure your TRP membership is active.
Don't miss the encore TRP Comedy Night "Fun-Raiser at the Irvine Improv on Thursday, November 20.
Attend the TRP general membership meeting on Monday, December 1.
Plan on attending the Coto de Caza fundraiser on January 17, 1998.
Volunteer to join TRP's phone tree.
Write or call the Secretary of the Navy and demand that he delay the federal reuse study until a viable non-aviation plan is available.

WRITE TO TRP

P.O. Box 943, El Toro, CA 92630
(714) 770-4014