TRP NEWS, March1998, Edited for web site publication

TRP Appeals EIR Ruling

On Friday, March 6, TRP filed an appeal of portions of Judge Judith McConnell's "judgment" in the El Toro Reuse Plan litigation. Although Judge McConnell had ruled in favor of TRP and co-complainant the El Toro Reuse Planning Authority (ETRPA) on 9 of 17 issues, TRP filed its appeal to seek appellate review of a number of issues where Judge McConnell ruled in favor of the County.

"We want to send this EIR back to the beginning . . ."

"My military training emphasized winning a complete victory. We were successful in having the airport EIR declared inadequate, but that's not enough. We want to send this EIR back to the beginning of the planning process and have the County do it right. We also want to protect all Orange County taxpayers of Orange County from the County wasting millions of dollars," said TRP Executive Director Bill Kogerman.

Some of the key issues in this appeal are as follows:

1. Failure to set aside the County's approval of the Community Reuse Plan. Although the EIR was ruled inadequate, the Reuse Plan was left intact. This means that the federal government has been sent a plan with an airport at MCAS El Toro. TRP believes that the law requires the County to certify a legally adequate EIR before adopting a Reuse Plan.

2. Failure to enjoin the County from proceeding with additional planning activities in the absence of a legally adequate "first tier" EIR. Basically, the County is continuing its airport planning efforts. TRP believes that since the legally inadequate EIR forms the foundation for future environmental review, the County should be prohibited from spending millions of dollars on studies without performing an adequate base study.

3. Failure to consider the impacts of noise and other environmental impacts in the proper context. The County assessed the significance of noise and other environmental impacts by measuring the project's impacts against an assumption that current levels of operation at El Toro would continue past the 1999 scheduled closure date. Judge McConnell ruled against TRP's challenge to this invalid assumption on a technicality. TRP believes that the Judge erred and that the public needs to know the full environmental impact of the proposed airport.

4. Failure to provide legally adequate responses to comments on the EIR. TRP is particularly interested in this issue with because of the County's failure to respond to comments about the lack of an adequate fuel supply pipeline for the proposed airport. The Judge did rule that the County had to answer questions regarding noise, but she did not make a similar ruling on the pipeline issue.

"We are confident that the Appellate Court will strengthen and expand our legal victory. This is a bad EIR and it is a travesty to use it as the basis of additional studies," added Kogerman.

Jim Moose, from the law firm of Remy, Thomas and Moose, will represent TRP during the appeal. Mr. Moose is one of the top environmental lawyers in California and represented TRP during the initial trial.

The cost of this appeal is estimated at approximately $50,000. The appeal is expected to take about one year.

"Once again, we will be calling on our wonderful members to help fund this effort. With your help, we will continue our winning streak in court," said Kogerman.

TRP Board to Visit Washington, DC

The TRP Board of Directors has scheduled another lobbying and data gathering trip to Washington, DC. The Board, Bill Kogerman, Denny Harris and Bert Hack, will meet with key administration, Congressional and federal agency members to let them know the latest information on El Toro. A key point will be to fully explain the TRP EIR appeal and the implications for the federal planning process. A summary of this trip will be available in next month's TRP News.

Upcoming Events of Interest

April 20
Aliso Viejo Community Forum

There will be a community discussion on the topic, "El Toro Airport: Under the Flight Path," at the Aliso Niguel High School Auditorium on Monday, April 20. The meeting will begin at 7:00 PM.

An outstanding group of speakers has been assembled to discuss the various aspects of the proposed El Toro airport. Planned presenters and their topics include:

There will also be a demonstration of the noise impacts of the proposed airport. Come and hear for yourself what an international airport will sound like.

Admission is free, but seating is limited. Arrive early for good seats. For more information, please call Sergio Prince at (714) 472-5414.

March 28 - 29
Mission Viejo Business and Family Expo

TRP will have a booth at the 2nd Annual Mission Viejo Business and Family Expo. TRP volunteers will provide literature, answer questions and recruit new members. The Expo activities includes live entertainment and food. The Expo will be held at the Mission Viejo Library (located at the corner of La Paz Road and Marguerite Parkway) on March 28th and 29th from 10 AM to 4 PM. Admission is free.

If you would like to volunteer to help staff the TRP booth, please call Gail Reavis at 461-0020.

TRP Master Calendar

TRP has developed a Master Calendar of upcoming meetings and events involving TRP and the proposed El Toro airport. For more information, or to place an event on the calendar, please call Gail Reavis at 461-0020.

March 31
TRP Buffet/Party at El Toro Officer's Club

The ETRPA non-aviation plan for MCAS El Toro will be formally presented to the Orange County Board of Supervisors at their March 31st meeting at 4 PM. This is the plan developed over the last six months with input from citizens throughout the County. Several members of TRP were on the various subcommittees that developed this plan. All TRP members supporting non-aviation uses for El Toro should attend this meeting to show the Supervisors their feelings.

April 7
NAWBO El Toro Debate

The Orange County Chapter of the National Association of Women Business Owners (NAWBO) has scheduled "The El Toro Airport Debate," Tuesday, April 7 at Chapman University.

The debate will pit TRP Executive Director Bill Kogerman and Irvine City Council Member Michael Ward against County Supervisor Chuck Smith and airport political consultant David Ellis. The moderator will be Kathy Taylor, Editor of the Orange County Register.

A VIP reception will begin at 6 PM, with the debate scheduled from 7 to 8:30 PM. There are only 200 tickets available at $15 each. We need TRP members to attend to support our speakers. Please call (714) 832-5741 now to order your tickets. Mention that you are attending by the invitation of NAWBO member Bette Tydings to be eligible for the $15 ticket price.

El Toro News of Interest

Legal
TRP Files Complaint on County Airport Mailer

Last December, Orange County began its airport advocacy program with a mailer called, "Opportunity Ahead." This slick piece, produced by the County's recently hired public relations firm, was their first attempt to stop the increasing erosion of airport support.

The front page of this mailer contained a letter written by then-Chairman of the Board of Supervisors, William Steiner. The letter had Mr. Steiner's name in the title and contained a facsimile of his signature. Unfortunately for Mr. Steiner, this piece was technically illegal. State law forbids an elected official from using government funds to mail a piece with their name to over 200 people. The "Opportunity Ahead" mailer was sent to over 5,000 homes.

On February 5, TRP sent an official complaint to District Attorney Mike Capizzi. Citing State law, TRP Executive Director Bill Kogerman asked Mr. Capizzi to formally investigate this violation.

"Let me make our intentions clear. We are not out to get Mr. Steiner. We are intent on stopping Orange County bureaucrats from continuing to ignore the law in their zeal to force an airport down the throats of the South County. Obviously, Mr. Steiner was given bad advice by County Counsel and this high- priced PR firm," said Bill Kogerman.

The District Attorney's office has announced that they are investigating the complaint.

Newspapers
L.A.Times Exposes "Instant Airports"

On Friday, February 20, the Los Angeles Times ran a story on the front page titled, "Empty Sky Above Instant Airports." Many portions of this story point out the extreme taxpayer risks with the County's proposed El Toro airport.

The article detailed the history of MidAmerica Airport, built in Mascoutah, Illinois, located about 25 miles east of St. Louis. This airport, built on a former military base (sound familiar?), cost over $300 million and can handle all modern jets. As of today, not one airline has signed on to provide service. The airport is known as "the gateway to nowhere."

"Building airports is. . . the S&L scandal of the 90's."

The problem is simply that airlines do not move operations just because an airport builder wants them. In the case of MidAmerica, there are very attractive alternative airports, with facilities already in place, in close proximity to one another.

A Denver-based aviation consultant, Michael Boyd, said, "Building airports is in many ways the S&L scandal of the '90's. It's not a question of, 'If you build it, they will come.'"

Added David Fiscus, a spokesman for the Air Transport Association, "It's not foresight. It's a gamble. It's a heck of a gamble."

When asked about the plans for an airport at El Toro, Fiscus said simply, "We don't see it as a need."

Environment
Laguna Greenbelt, Inc. Opposes the Airport

The Laguna Greenbelt, Inc. (LGI) has adopted a resolution opposing the development of an international airport at MCAS El Toro. The resolution cited the negative impacts on wildlife and "a degraded viewshed, intolerable levels of air and noise pollution, and decrease in value of public property."

The LGI joins the Laguna Canyon Foundation and the Angeles Chapter of the Sierra Club in opposing the airport for environmental reasons.

Fundraising
No Jets! Event a Complete Success

February 28th witnessed another success organized by the No Jets! volunteers. The event raised more the $50,000 for TRP, Inc., to be used for educational and legal expenses.

The main speaker for the evening was 3rd District Supervisor Todd Spitzer. Referring to the County's airport efforts, Spitzer observed, "common sense has gone out the door on the planning process" and that the County does not "have the facts on their side."

In Memoriam

All of us lost a great friend and supporter with the untimely passing of Pat McLaughlin last month. Pat was warm, beautiful, gentle and dedicated to stopping the airport. Pat will be missed, but our memories will last forever. TRP extends our thoughts and prayers to Charles and the family.

From the Executive Director

The Newsletter Committee has finally seen the light and given me my own column. If they believe that, "when you really want something done, give it to a busy person," they certainly picked the busiest guy I know. So, unless we receive strong objections to this addition, look to this feature for the latest monthly information.

So many issues – where to start? How about the latest Allied Pilot's Association (APA) letter? On March 9th, Mr. Richard La Voy, President of the APA, reiterated once again the message of the APA and the Airline Pilot's Association (ALPA). That message is simply this – the County's currently adopted plan to depart 70% of all commercial aircraft to the east, on Runway 07, would compromise safety.

Mr. LaVoy wrote, "Our pilots will use the safest departure paths into the prevailing winds and away from the rising terrain at El Toro, just as we do now at the John Wayne Orange County Airport." In other words, the commercial pilots union does not support the County's current scheme for departures at El Toro. Isn't this exactly what TRP has been saying all along? You bet it is! And every time we hammer the point home, George and his cronies find someone willing to sully their reputations to defend the County's plans against the words of the professional pilots.

The latest pro-airport "talking head" to fall in this manner is David Hinson, former FAA Administrator. In a public presentation orchestrated by pro-airport proponents, Mr. Hinson said that, "the FAA strongly encourages the establishment of a civilian aviation reuse of El Toro" and that Runway 07 ". . . meets all of the FAA's requirements for safe flying."

Despite Mr. Hinson assertions, the current FAA administration has disavowed any such predisposition toward El Toro. In fact, in the latest letter, date February 6, 1998, the FAA Administrator wrote to Supervisor Todd Spitzer that it is much too early for the FAA to make any decisions with respect to El Toro.

TRP understands that the retire federal employee, Mr. Hinson, received a substantial "honorarium" for his speech. What we do not fully understand is what his position on El Toro might have been before he got the big bucks. After all, this is about big bucks, isn't it George?

To support non-aviation uses for El Toro, be prepared to go to the Board of Supervisors meeting on March 31 at 4:00 PM for the unveiling of the non-aviation plan for El Toro. Also, watch KDOC (channel 12) on April 3 for a discussion of this issue. Check your TV directory for time. More later . . .

Letters to the Editor

Starting next month, the TRP News will begin printing our own "Letters to the Editor" section. This is your chance for honor and glory among your friends and neighbors. Please send your letters (addressed to TRP News) to the TRP office address listed below or fax your letter to 770-2805.

Advertising Rates

The TRP News is being expanded! To help defray the cost, we are now soliciting advertisements. The cost of an ad is: full-page $700, 1/2 page $400, 1/4 page $250 and business card size $45. Lower rates are available for multi-month purchases. Send your ad and check to the TRP Office at PO Box 943, Lake Forest, CA 92630 or call 770-4014 for additional details

Radio/TV

Every Thursday

TRP Executive Director Bill Kogerman is featured every Thursday evening from 6:30 to 7:00 PM on KUCI, 88.9 FM. You can hear Bill on the talk show, "Re-Greening Orange County," with host R.J.

April 10

OCN Channel 53, is presenting a show called, "El Toro Airport: Impacts on the Elderly Living Under the Flight Path" at 12:30 PM, Friday, April 10. Representing TRP will be Director Bert Hack and aircraft noise expert Dr. Eric Walther. This is a live viewer call-in show, so please tune in and phone in your questions. The show will replay the same day at 3:30 PM.

April 17

TRP will appear on KDOC's "Southland Today" with host Michelle Merker. The topic for the show is, "Vision for El Toro: The Legacy for Generations to Come." KDOC is Channel 56 for those still using antennas and is Channel 12 on Cox Cable.

April 27

TRP will be the focus of the KSBR, 88.5 FM, "Collage" program. Host Dawn Kamber will profile TRP's ongoing airport opposition efforts.

Watch for this one...

A debate between Bill Kogerman and airport supporter Julie Puentes will air on OCN's "Orange County Perspective" program sometime in April. This show will be on a weekend, at both 10:30 AM and 10:30 PM. More details next month.

Stay Active

Membership Drive
"Recruit 3" Drive

In the battle over the future of El Toro, the final decision rests with decision-makers in Washington, DC. The final disposition of the base will be made by the Secretary of the Navy.

Theoretically, the decision of base reuse will be largely determined by objective, technical analyses. Unfortunately, political pressure is being used to unduly influence the decision. The airport proponents have been devoting considerable time and money to influence the decision-makers and the Congress.

One of the key missions for TRP is to counter this pro-airport lobbying effort. Although TRP can not match the monetary efforts of the pro-airport forces, we have one distinct advantage – we have the public behind us.

People in Washington, DC, pay close attention to those groups that represent large numbers of voters. The simple arithmetic is – the more members, the more they listen.

TRP is currently 20,000 members strong. This is a great start, but only a start. In order to maximize our effect, the TRP Board of Directors has adopted a goal of doubling our size in the next three months. To reach this goal, we are asking each of you to recruit three new TRP members.

You know friends and neighbors who are opposed to the proposed airport and still have not joined TRP. Please tell them that the fight is just beginning and that TRP is the best hope for success. Tell them that their membership will increase the effectiveness of TRP. Membership dues are $25, $50, $100 or $500 per year.

Write or Call
Ask Chris Cox to Oppose Joint Use

The County continues to pursue the plan to begin cargo flights out of El Toro by the end of this year. According to Supervisor Tom Wilson, "The County is focused on interim cargo use."

Please contact Congressman Chris Cox and ask him to continue to strictly interpret his legislation against joint or interim use of El Toro. Only this short, simple message is needed. Mr. Cox can be reached at:

Write
Letters to the Editor Remain Important

Many people in Orange County do not understand the nature of impacts of an airport at El Toro. The Letters to the Editor section of the local newspapers remains a political forum for each of your enter with your feelings. Plan on taking a few minutes each week to write and send a letter to the newspapers. Jot down your hopes and fears for El Toro and send them to:

L.A. Times:

O.C. Register:

Write or Call
Demand a Fair EIS Evaluation

The federal government, specifically the Department of the Navy, is currently evaluating the possible reuse options for El Toro as part of the Environmental Impact Study (EIS). Since this document will form the foundation for the final base reuse decision, it is critical to our efforts that the EIS be as impartial and as complete as possible.

Please take a moment to write or phone the officials listed below. Tell them:

Please send your comments to:

Join the Fight! Get your car window sign today (see below)! Help build a ground swell of airport resistance! Static-cling, no adhesive 3-3/4" x 7-1/2". One sign for $7, two for $10. Send check to: TRP, PO Box 943, Lake Forest, CA 92630

NO JETS
at El Toro

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


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