South County sues over JWA money spent on El Toro

Paul Clinton

NEWPORT-MESA -- South County cities headed to court Friday in a bid to

stop the Board of Supervisors from spending $8 million on a public

information campaign about the county’s plans for an airport at the

former El Toro Marine Corps Air Station.

Attorneys for the El Toro Reuse Planning Authority, a coalition of

nine South County cities fighting the proposed international airport,

sued the county, alleging supervisors are illegally diverting funds from

John Wayne Airport to finance a “massive public relations campaign to

overcome voter opposition to an airport at El Toro.”

The authority filed the suit, unanimously approved April 23 in closed

session, in Orange County Superior Court.

“They’re pilfering the pockets of the flying public,” said authority

attorney Richard Jacobs. “[That money] is not for public relations or

political campaigns.”

The Board of Supervisors has approved two payments to several groups

to mount public pro-airport campaigns. County Counsel Laurence “Lon”

Watson defended the spending.

“Certainly the board has the power and right to provide factual

information,” he said. “The board has the right to tell people what the

board is doing to plan an airport at El Toro.”

The board approved a $3-million payment May 1 to Amies Communication

for direct mail, public forums, administrative fees and advertising.

On March 6, the board authorized $5 million over 18 months to the Orange County Regional Airport Authority to orchestrate similar efforts.

The airport authority then turned around and hired consultant Jack Wagner

and the advertising firm of Townsend, Raimundo, Besler & Usher.

The lawsuit is the latest in a string of legal challenges to the

county’s planning efforts for an airport at El Toro. It argues that

federal law allows airport operators, in this case John Wayne-owner

Orange County, to spend revenue only on operational expenses. Wagner

disputed that claim.

“This is more political mischief,” he said of the suit. The Federal

Aviation Administration “encourages airports to promote improvements to

the airport system,” he said.

The suit also accuses the county of violating the California

Environmental Quality Act by arguing in support of an airport.

In 1996, the county approved the first phase of its environmental

review of the airport plan. The second phase, known as Environmental

Impact Report 573, is now facing public review.

Jacobs said it is premature for the county to lobby the public,

especially in light of his agency’s Great Park ballot initiative.

“They’ve predetermined that they’re going to approve an airport,” he

said.