Time for Plan B?

Jenifer Ragland

NEWPORT BEACH -- One of the city’s original airport warriors has come up

with his own blueprint for a deal between Newport Beach and South County

that would both kill plans for an airport at El Toro and prevent an

expansion at John Wayne Airport.

Former Mayor Tom Edwards, who helped author the 1985 John Wayne Airport

settlement agreement, said it is time to “call either the bluff or the

commitment” of South County anti-airport leaders.

The move is the first time anyone high in the pro-airport ranks has

expressed interest in South County’s frequently offered “olive branch” in

the war over a proposed international airport at the closed El Toro

Marine Corps base.

“As the El Toro scenario becomes more and more difficult, there comes a

point where you say, ‘Let’s go to Plan B,’ ” Edwards said.

The heart of his proposal -- if both sides agree to talk -- is the

creation of what’s called a mutual defense agreement. It would legally

bind South County cities and those surrounding John Wayne Airport to

spend public money defending any action to create an airport at El Toro

or expand John Wayne beyond the terms of the 1985 settlement agreement.

Bruce Nestande, president of Citizens for Jobs & the Economy, which was

founded by Newport Beach businessman George Argyros, was quick to dismiss

the idea.

“Anyone who believes we are going to keep John Wayne at this size without

a second airport is absolutely naive and wrong,” Nestande said. “To

surrender the El Toro option would be catastrophic to Newport Beach in

particular and Orange County in general.”

Still, Leonard Kranser, chairman of a coalition of anti-airport groups,

liked Edwards’ suggestions.

“It’s very encouraging to see a proposal from someone with Tom Edwards’

experience that incorporates no John Wayne expansion and no El Toro

airport in one proposal,” he said. “I’m looking forward to pursuing these

ideas and working out technical steps for implementation.”

Kranser said he believes the steps Edwards outlined are very possible and

that it would be less expensive than what both sides are spending now to

fight each other.

“It’s cheaper to defend peace than to wage war,” he said.

Edwards’ proposal comes in the jet wash of Measure F, approved in a

landslide victory in the March 7 primary election.

The measure requires a two-thirds majority vote to approve any new

airport, jail or landfill in residential areas. It passed with nearly 70%

of the county vote.

“I am not willing to concede that Measure F, a cleverly drafted

initiative, was necessarily a rousing plebiscite against an airport at El

Toro,” Edwards wrote in a letter to the Daily Pilot. “However, recently

much has been said in the political rhetoric of Orange County, as well as

in the pages of the paper, that the city of Newport Beach has to cut a

deal regarding John Wayne Airport; and that Supervisor {Tom] Wilson, and

others are allegedly prepared to negotiate an extension of the settlement

agreement, which expires on Dec. 31, 2005.

Edwards said he still believes an airport at El Toro is in the best

interest of the county.

“I’m saying for the sake of argument, let’s test the waters,” he said.

“Given the political climate, you may have to take guerrilla tactics and

do what’s best for Newport Beach.”

Supervisor Wilson, who was in Newport Beach last week meeting with city

officials on airport issues, has always been an advocate of a north-south

compromise and an extension of John Wayne’s restrictions.

“Edwards proposes some interesting ideas about a resolution to the issue,

but I think that the final resolution has to be reached between myself

and Newport Beach and Costa Mesa,” he said.

Preventing John Wayne Airport from expanding has been the driving force

for Newport Beach and Costa Mesa El Toro backers, and is a major concern

for many residents here.

Edwards said because John Wayne’s restrictions are exempt from the

federal Airport Noise and Capacity Act -- which says local governments

can’t restrict the operation of airports -- there is nothing preventing

the supervisors from passing a resolution to extend the agreement.

The question is, are county and other pro-airport officials willing to

give up on El Toro in exchange?

Clarence Turner, also a former mayor and one of the founders of the

Airport Working Group, said as the El Toro option becomes increasingly

cloudy, Edwards’ proposal may be the city’s best shot at ensuring John

Wayne doesn’t expand.

However, he said any kind of agreement must also include a commitment on

the part of everyone in the county to solve the air transportation

problem when it arises.

“The issue is not going away,” he said. “South County and the supervisors

have said they’ll prevent John Wayne from expanding, but it’s easier said

than done.”

Newport Beach Mayor John Noyes said he has been meeting with his

constituents and other airport groups to explore the possibility of

extending the settlement agreement.

As to Edwards’ proposal, Noyes said he does not want to push Orange

County’s air traffic needs elsewhere, nor does he want Newport Beach to

shoulder it all.

“It just seems that at some point, we would have to put some kind of

airport at El Toro,” he said. “I’d like to see us promote an airport at

El Toro that’s more akin to John Wayne.”

Nestande added his belief that a settlement agreement in court is not a

guarantee. “It’s just sitting there waiting to be challenged,” he said.

“The only guarantee for citizens of Newport Beach to not assume a heavy

air transport demand is El Toro.”

Edwards responded: “All I’m saying is you better have a Plan B.”

FYI

****

The main elements of the John Wayne Airport settlement agreement:

* Negotiated in: 1985

* Passenger cap: 8.4 million annually.

* Flight-per-day limits: 39 for type A (loudest aircraft); 34 for type AA

(less noisy); and unlimited for type E (quieter aircraft).

* Curfew: No flights between 10 p.m. and 7 a.m. seven days a week; curfew

extends to 8 a.m. on Sundays.

* Expires: 2005

* SOURCE: Newport Beach City Attorney’s Office

POSSIBLE PACT

Tom Edwards’ proposal (as written by him):

* Supervisor Tom Wilson introduces and has approved, a resolution to the

Orange County Board of Supervisors that extends the John Wayne settlement

agreement for 20 more years. The resolution may have to be approved by a

super majority of the board.* The resolution and extension of the

settlement agreement would allow for no further physical or service

expansion at John Wayne, and would also include the appropriate

authorization to amend the existing Federal Court Order, which

encompasses the settlement agreement. This means a tacking on of 20 years

to the existing settlement agreement. There may be additional enforcement

mechanisms necessary, such as legislation, that would also necessarily

need to be in place. The county can expend no funds or accept any funds

for the expansion of John Wayne. Also, an agreement may be necessary

regarding John Wayne, and the surrounding cities, i.e. Newport, Costa

mesa, Tustin, Irvine and Santa Ana, which would in the future require

their unanimous agreement on any future changes.

* Wilson introduces a resolution, for which he also needs super majority

support, closing down the planning for the El Toro process.

* The county, city of Newport Beach, Stop Polluting Our Newport, Airport

Working Group, the El Toro Reuse Planning Authority and perhaps again the

cities surrounding John Wayne Airport, as well, enter into a mutual

defense agreement. It would likely be incorporated into the existing

Federal Court Order. What this encompasses is a commitment by all parties

to defend the John Wayne settlement agreement, the nondevelopment of El

Toro, one another and indemnify the same against any challenge to the

John Wayne settlement agreement and/or the agreement not to allow the

conversion of El Toro to a commercial airport. Further, the parties would

be responsible for all fees incurred by any defense.

* The cities all pass the appropriate resolutions supporting all of the

foregoing, including but not limited to a restriction on the expenditure

of any public funds for the expansion of or encouragement for the

expansion of John Wayne; or the development of El Toro as a commercial

airport. This may encompass a joint powers agreement.

* County officials commit to finding a solution outside of Orange County

to meet future air traffic demands.

FIGHT OR FLIGHT?Should Newport Beach negotiate with South County to

extend John Wayne Airport’s flight restrictions and curfew, even if it

means giving up the fight for an airport at El Toro? Call our Readers

Hotline at (949) 642-6086 or send e-mail to o7 [email protected]

. Please spell your name and tell us your hometown and phone number (for

verification purposes only).