Foes of Plan for Airport at El Toro Lose Round

In a crushing defeat for southern Orange County cities, a San Diego Superior Court judge Friday upheld the validity of Measure A, a voter-approved initiative that calls for the development of a commercial airport at El Toro Marine Corps Air Station.

South County cities near the base were hoping that Judge Charles R. Hayes would agree with their claim that Measure A failed to alert voters of the negative effects, such as freeway congestion and air traffic noise, that they say an airport would create.

Instead, Hayes’ three-page ruling gutted the key arguments of airport opponents. The judge found that Measure A was a “valid and lawful” initiative that amends the county’s General Plan to allow for an airport--but does not mandate one, as opponents have argued.

“The voters in enacting the initiative made a local land-use policy decision establishing an airport reuse planning area and a planning process for the possible conversion of El Toro into a civilian airport,” wrote Hayes, who presided over the case because of potential conflict-of-interest issues among Orange County judges.

“While Measure A sets forth the intent and desire of Orange County voters to reuse El Toro as a commercial airport, it did not by its terms create a commercial airport,” Hayes ruled.

That subtle distinction undermines the complaint of Measure A opponents who are skeptical of the county’s claims that it is studying both aviation and nonaviation uses for the base and will also take into consideration the environmental impacts that South County residents fear.

“It’s a complete victory for us; we didn’t lose on anything,” said San Diego-area attorney Michael S. Gatzke, who represented Orange County in the case. “This is what we’ve been saying all along. This doesn’t mandate an airport. It mandates a planning process that looks at all options.”

Airport opponents, disappointed by the ruling, predicted that the other side’s victory might be short-lived.

Plans for an appeal are underway. Airport opponents, led by the South County-based Taxpayers for Responsible Planning, have also succeeded in putting a rival initiative--Measure S--on the March 26 ballot. If approved by voters, Measure S would repeal Measure A.

“I’m terribly disappointed,” said attorney Richard C. Jacobs, who represented South County cities including Lake Forest and Irvine. “I think the opinion is just wrong. I’m recommending to my clients that we take an appeal.”

Largely bankrolled by wealthy developer George Argyros and other county business people, Measure A was billed as a way to bring thousands of jobs to the county by meeting a growing demand for passenger and air cargo service in the region. It was narrowly approved by Orange County voters in November 1994.

The fate of the base remains one of the most critical and controversial planning decisions facing the county. And unlike any other issue in recent history, the issue of what to do with El Toro when the military closes the base by 1999 has pitted North County residents against South County residents and even sparked talk of a secession.

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The county finds itself in the middle. With the Measure A vote behind it, the county formed its own base reuse planning commission and is spending $2.7 million to study both aviation and nonaviation uses for the 4,700-acre base.

Most South County cities and airport critics have refused to participate in the county’s planning process, contending that it is weighted in favor of an airport.

Mission Viejo Councilwoman Susan Withrow said Friday’s ruling will mostly likely force South County officials to work with county government to find an airport alternative. However, Withrow said she wants to see an appeal of Hayes’ ruling filed and vowed to continue the fight for Measure S.

A disappointed Irvine Mayor Michael Ward said the court decision wasn’t a complete surprise.

“It always was our understanding we might lose in the lower courts and that we would appeal,” he said.

Some airport opponents were trying to put a positive spin on the ruling. Bill Kogerman, co-chairman of Taxpayers for Responsible Planning, for instance, said it will help get South County voters to the polls next month.

“This decision only sharpens our focus on passing Measure S,” he said.

Garden Grove Councilman Mark Leyes, a Measure A supporter, chalked up the victory to a well-written initiative.

“Why did we win? Because we did our homework,” he said. “I think if we had said the airport is going to be there and the airport will be the color blue, well, that would have pushed the envelope of the law. But this shows it was legal and that it was appropriate.”

Others said Friday’s ruling will be used to slash through the anti-airport rhetoric and rally North County residents to oppose Measure S next month.

Timothy Cooley, a vice president with the Orange County Business Council, said airport opponents can no longer sway voters by claiming that an airport at El Toro is a done deal.

“The idea has always been to look at all” the options, Cooley said. “And we happen to believe [the best alternative is] an airport. But if it doesn’t work there, then it won’t work there.”

A recent study commissioned by the county suggesting there is a growing demand for passenger and air cargo service only increased the debate. Restrictions on cargo and passenger use at John Wayne Airport point to the need for a second air facility, airport supporters say.

The county must present a base reuse plan to the federal government by the end of the year. The federal government, which is also considering keeping the base for uses that could include a federal prison, will have the final say.

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Looking to the future, County Supervisor Don Saltarelli said he hopes the court’s decision will help elevate the issue, which is being bogged down by mistrust and incomplete information.

“I feel like people should have the facts in their hands before they vote, and I’m distressed that Measure S got on the ballot before the planning process was complete,” said Saltarelli, whose 3rd District includes the base.

Saltarelli said he is surprised by constituents fighting a commercial airport at the base, which is surrounded by nearly 16,000 acres now restricted from residential use.

If an airport is deemed unfeasible, that restriction zone, along with the base, will be open for development, he said.

“With 20,000 acres open for development, trust me, there will be some severe adverse impacts from nonaviation alternatives,” he said. “Hopefully, this ruling will help us get on with finding out the facts.”