97-025RESOLUTION NO. 97R- 25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM CONCERNING INTERVENTION IN SUPPORT
OF ORANGE COUNTY IN LITIGATION CHALLENGING THE
COUNTY'S ENVIRONMENTAL IMPACT REPORT AND BASE
REUSE PLAN FOR THE EL TORO MARINE CORPS AIR
STATION
WHEREAS, Orange County needs substantial additional
commercial airport capacity, and therefore the City Council of
the City of Anaheim strongly supports an objective evaluation of
the conversion of the El Toro Marine Corps Air Station "ETMCAS
to commercial airport use after its closure as a military
facility; and
WHEREAS, on December 11, 1996, the Orange County Board of
Supervisors, designated by the United States Department of
Defense as the Local Redevelopment Authority responsible for
developing a base reuse plan for the civilian reuse of ETMCAS,
adopted a base reuse plan providing for the reuse of ETMCAS as a
commercial airport, and certified an environmental impact report
for said reuse plan; and
WHEREAS, the expansion of the airport capacity for Orange
County by the conversion of ETMCAS to a civilian airport would
provide substantial benefits to all of Orange County; and
WHEREAS, a legal challenge has been filed by certain Orange
County cities and the El Toro Reuse Planning Authority (El Toro
Reuse Planning Authority, et al. v. Board of Supervisors, Orange
County Superior Court Case No. 773843) seeking to set aside the
base reuse plan and environmental impact report adopted by the
Board of Supervisors of Orange County on December 11, 1996; and
WHEREAS, an additional legal challenge has been filed by the
Taxpayers for Responsible Planning and other parties (Taxpayers
for Responsible Planning, et al. v. County of Orange) which also
seeks to set aside said base reuse plan and environmental impact
report; and
WHEREAS, it is in the best interest of the City of Anaheim
and the people of Orange County in general that the Board of
Supervisors' actions adopting a reuse plan for ETMCAS be
sustained, and that the reuse planning for the conversion of
ETMCAS to civilian use proceed expeditiously; and
WHEREAS, the City of Anaheim has heretofore intervened in
litigation brought in 1995 by certain Orange County cities
challenging the validity of Orange County Measure A, an
initiative which set in motion planning for the reuse of ETMCAS
as a commercial airport and which litigation resulted in a trial
court decision sustaining the validity of Measure A (City of Lake
Forest, et al. v. County of Orange, et al., San Diego Superior
Court Case No. 691310); and
WHEREAS, in order to protect the interests of the City of
Anaheim and its residents with regard to the reuse planning for
the future of the ETMCAS, it is necessary for the City to
participate in the litigation in defense of the County's base
reuse plan and environmental impact report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim as follows:
1. The City Council will seek to intervene and
participate in the litigation challenging the County's adopted
base reuse plan and environmental impact report in support of the
decisions of the Board of Supervisors concerning said reuse plan
and environmental impact report.
2. The firm of Shute, Mihaly Weinberger, attorneys
at law, or such other counsel as is approved by the City Attorney
of Anaheim, is hereby authorized to represent the City of Anaheim
as intervenor in the pending lawsuits.
3. The City Manager, City Attorney and other members
of the city staff, are hereby authorized and directed to
coordinate and cooperate with the County of Orange, the Orange
County Regional Airport Authority, other cities and agencies
participating in the pending lawsuits in support of the Board of
Supervisors' decisions, and outside legal counsel, and to take
such other actions as are necessary or desirable, in support of
the Board of Supervisors' decisions concerning said reuse plan
and environmental impact report.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 11th day of March 1997.
ATTEST:
.1 07%,1 -c.a
CITY CLERK OF THE CITY OF ANAHEIM
0022096.01
MAYOR OF THE CITY OF
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 97R -25 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 11th day of March, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
ABSENT: MAYOR /COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -25 on the 11th day of March, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 11th day of March, 1997.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -25 was duly passed and adopted by the City Council of
the City of Anaheim on March 11, 1997.
CITY CLERK OF THE CITY OF ANAHEIM