Supervisors OK 5-Year, Flexible El Toro Lease

County supervisors ended a tumultuous year of negotiations with the Navy and gave their approval Tuesday to lease the 4,700-acre former El Toro Marine base for the next five years, delighting those who wanted the base open for horse stables, housing, golf and child-care.

Though several finishing touches remain, including legal review by the county counsel’s office, Chairman Chuck Smith called the process “a done deal.”

Tuesday’s unanimous vote ends months of stormy debate over the future of the former Marine air station among the board’s pro-airport majority and two anti-airport supervisors.

The lease now covers only items such as horse stables, golf course, RV parking and other community programs, but allows supervisors to change the lease yearly to accommodate airport planning.

“We have the option to renegotiate on an annual basis,” Smith said. “For aviation use to work, the Navy would have to agree to modify the lease and the county would have to complete environmental impact work.”

But airport critics were quick to point out that Measure F, the anti-airport initiative passed in March, would require a two-thirds vote by the electorate for any aviation project.

“Any changes to the lease that would affect aviation use at El Toro would be subject to Measure F,” said Meg Waters, a spokeswoman for a coalition of eight anti-airport cities in south Orange County.

The approval also ends concerns about the county’s liability for environmental hazards at the base, which were raised by board members last week.

On Monday, both Smith and Supervisor Tom Wilson held last-minute lease discussions on the telephone with William J. Cassidy, deputy assistant secretary of conversion and redevelopment for the Navy, to iron out the county’s ability to conduct environmental assessments and limit its liability, which was a final sticking point.

“As far as I’m concerned, everything has fallen into place. I’m ready to approve it,” said Smith before the vote.

Wilson added: “I feel very comfortable with the final product.”

For months, supervisors, especially Todd Spitzer, the board’s only lawyer, voiced concerns about the county’s potential risk if it accepted a lease, given the expected high cost of cleaning up the base.

Site Among Most Polluted in U.S.

After 50 years of jet aircraft fueling on a base the size of a small city, pollution from underground tanks and landfills has been detected. El Toro has been selected as one of the U.S. Environmental Protection Agency’s Superfund sites, ranking it among the most polluted in the U.S.

The Navy has promised $160 million toward cleanup at El Toro, based on its estimate of what it will cost to bring the base up to environmental standards for use as an airport, county officials said. Costs to make the base safe for something other than an airport haven’t been determined, but likely would be far higher.

The risk factors in the lease were modified during negotiations, said Jim Dragna, an attorney and consultant hired by the county.

Dragna said the Navy made adjustments the county asked for to protect it from asbestos liability and future environmental problems.

“The problem was that the Navy was going to transfer its obligation to the county,” Dragna said. “After the last meeting we had, the Navy made adjustments. It’s not perfect, but we have filled some of the major gaps.”

The consultants successfully inserted replacement phrases, copied from leases at other military bases, Dragna said. “The lease is now clear so that damage can be allocated with only a small liability portion to the county and the bulk to the Navy,” he said.

Insurance and fire protection remain unresolved issues that concerned Spitzer and Supervisor Cynthia P. Coad. The county already has paid $250,000 for fire protection in July and August, which supervisors say is too much. Coad urged staff to begin discussions with the Orange County Fire Authority to cut the cost.

The county is covered by liability and property insurance but not for environmental hazards. Though environmental risk insurance is not required under the Navy’s lease, Spitzer and other supervisors argued the county should carry such protection, even if the liability is limited.

Only a handful of firms offer the insurance and before the county can seek a carrier, it first must conduct an environmental assessment or rely on an assessment by the Navy, said Dragna, who recommended an independent survey.

The approval comes with barely a week before the Navy’s Sept. 1 deadline and stops the Navy from locking the base, which it had threatened to do if no lease was signed.

Applauding the decision were more than 40 horse owners who have rented El Toro’s horse stables over the years. They faced eviction if no lease was approved.

“We thank the board for their decision today,” said Lynn Dunn with Save Our Stables, which sought the extension. “We’re going to have a celebration party.”