Issues Litter the Runway to an El Toro Airport

Supporters of a commercial airport at El Toro won a battle last week when the Board of Supervisors approved the plan. But the fight isn’t over--and victory is still far from assured.

The airport proposal, unveiled nearly a decade ago, still faces a number of crucial tests at the ballot box, in court and in federal government boardrooms.

With the county’s official endorsement, two federal agencies will now complete separate analyses of the project.

The Federal Aviation Administration must make a final determination about whether El Toro can safely become an airport. Early FAA analysis has indicated that El Toro is viable, but only if existing flight patterns for John Wayne, Long Beach and other nearby airports are moved. Without changes in airspace routes, the FAA predicts major delays in air service if El Toro is built.

The Navy, which owns the 4,700-acre former Marine base, must also decide whether to hand over the land to the county. If the Navy does convey the land, county officials said they could quickly begin limited flights even before construction of an airport terminal and other facilities is completed.

The board’s pro-airport majority has promised bonuses of $500,000 to the county’s Washington lobbyists if they deliver those key federal approvals in the next six months.

Foes Pin Hopes on March Ballot Issue

While airport supporters push for federal action, airport opponents are focusing their efforts on a March ballot measure that would effectively kill the airport plans and instead zone the base land for park use.

Last week, the county registrar of voters declared that enough signatures had been gathered for the measure to go on the ballot.

But a panel of appellate judges in San Diego has scheduled a Nov. 16 hearing to consider arguments on whether the measure was properly prepared. An Orange County judge ruled this summer that the measure’s title and summary--written by county attorneys--were misleading.

If the justices allow the ballot measure to proceed, it would then go to the Board of Supervisors for official placement on the March ballot. The board already has ordered a study of the measure’s effect on county finances.

Chairwoman Cynthia P. Coad has scheduled a Nov. 6 board vote to consider the measure. The fiscal analysis would then come back to supervisors at their Dec. 4 meeting, when board members would approve final ballot language.

The deadline for placing items on the March ballot is Dec. 7. Airport foes fret that they would have little time to challenge the ballot wording or the fiscal analysis and still make that deadline.

“It just allows no time to rectify problems,” anti-airport activist Len Kranser said. “You get up to the wire and when there’s no time left, you have to take or leave it.”

The outcome of the fiscal analysis is key because it would be placed in the official voter pamphlet. Airport supporters insist the county can’t afford converting the base into a park without raising taxes.

The park initiative would be the fourth ballot measure dealing with El Toro since 1994 and may well cost millions. The last ballot measure--in March 2000--cost both sides $3.5 million.

The park initiative is far from the only El Toro issue mired in court. Consider:

* The same appeals judges reviewing the park initiative will also decide the fate of Measure F, an anti-airport referendum passed by 67% of voters last year. In December, Los Angeles County Superior Court Judge S. James Otero ruled the measure unconstitutional and barred the county from enforcing it. The appellate court has said it will hear arguments from attorneys in December, though there isn’t yet a specific date.

* A separate San Diego County judge has been asked to hear lawsuits filed by airport opponents against the county and a pro-airport organization over a pledge by the county to spend as much as $8 million on an information campaign on the airport. Airport opponents argue that the spending is public advocacy by the government for a ballot measure, which is forbidden by state law.

* Another lawsuit questioning the legality of Newport Beach’s spending on pro-airport public relations is also heading to court.

* The county can also expect a new lawsuit challenging the supervisors’ approval last week of the airport plan. Foes have 30 days in which to file their challenge, which they’ve pledged to do.

Even if those lawsuits are all resolved in favor of the county, hurdles would remain. The county will have to issue $1 billion in bonds backed by revenue from the airport to begin construction. The county will also need special grants from the FAA to complete the project.

Airport foes will probably oppose these efforts every step of the way.

Since the Sept. 11 terrorist attacks, opponents have argued that the plunge in air travel volume makes an airport at El Toro a dicey proposition. Across the country, other airports, including LAX, have scaled back expansion plans.