Measure gets an F

Alex Coolman and Mathis Winkler

NEWPORT BEACH -- El Toro activists received an early Christmas present

Friday as a Los Angeles County Superior Court judge threw out Measure F,

the initiative that would have forced a two-thirds vote on any future

county airport.

Judge James Otero called the initiative unconstitutionally vague and a

violation of the state requirement that measures address only one

subject.

“The judiciary should generally not involve itself in the initiative

process,” Otero wrote. “However, courts are sometimes compelled to do so

when measures such as F are so fundamentally flawed and in violation of

the constitution and laws of this state.”

Measure F, passed resoundingly by voters in March, would have required

approval by two-thirds of county voters for work on airport, jail and

landfill projects.

For the Airport Working Group, an advocate of an airport at the former

El Toro Marine Corps Air Station, Otero’s ruling was welcome news.

“We’re happy,” said Dave Ellis, a consultant for the group. “We viewed

Measure F as deceptive, a ruse upon the public, and the court agreed in

somewhat harsh language.”

Otero’s ruling punched multiple holes in the initiative.

Its proponents’ contention that the initiative treated the single

subject of county health and safety, the judge said is untenable.

“This subject is so broad that it obliterates the [single-subject]

rule,” he said in his decision. “An unlimited array of land-use

provisions could be considered germane to the health and safety of Orange

County communities.”

Otero also hit the measure for erecting large obstacles to the

construction of jail and landfills, a move that “greatly impairs or

wholly destroys essential government power.”

At City Hall, the reaction was also jubilant.

Mayor John Noyes said the city now should focus on extending the

flight caps at John Wayne Airport and keeping up a dialogue with South

County cities.

He added that Newport Beach had decided to support the lawsuit to test

the measure’s legality. A requirement to get approval from two-thirds of

the county’s voters on new airports or airport expansions could have

helped the city in its fight against a larger John Wayne Airport, as

well.

“The invalidation of Measure F is a two-edged sword,” explained

Councilman Tod Ridgeway.

Councilman-elect Gary Proctor pronounced himself “extremely pleased”

and said it was time to get to work on an El Toro that would be

acceptable to the entire county.

“This has got to be a collaborative effort,” he said. “Not behind

closed doors. I don’t believe that any portion of the county should try

and shove down the throat an unbelievably huge airport at El Toro.”

Still fiery El Toro opponents said they will appeal Otero’s decision.

“This is just the first volley,” said Meg Waters, a spokeswoman for

the El Toro Reuse Planning Authority, a leading anti-airport group. “It

could likely go to the state Supreme Court.”

Waters said Otero’s opinion, with which she “respectfully disagreed,”

did not change the fact that most county residents oppose the El Toro

project.

It also doesn’t alleviate her group’s concerns about safety at the

proposed airport.

She said airport opponents, in addition to filing an appeal, may

develop a new initiative to challenge El Toro.

“Everything is on the table right now,” she said. “It remains to be

seen.”

Bruce Nestande, president of the pro-El Toro Citizens for Jobs and the

Economy, said he doubted an appeal of Otero’s decision could be

successful.

Pushing for an appeal “is the quick reaction that anybody would make,”

he said. “But when they have their attorney sit down and go through this

thing, they may change their mind.”