Judge: O.C. Can’t Fight Park Measure

A San Diego court Friday barred Orange County from spending any money to oppose a March ballot measure that would end plans for an airport at El Toro.

But what, exactly, that means depends on which side of the El Toro airport debate you’re on.

Airport opponents immediately seized on the tentative ruling by Superior Court Judge Charles R. Hayes as ordering an end to the county’s “Just the Facts” information program on its El Toro airport plan.

“It’s crystal clear that this injunction is against the ‘Just the Facts’ program,” said attorney Richard Jacobs, who argued on behalf of the spending freeze for the El Toro Reuse Planning Authority, a coalition of South County cities opposed to the airport.

County attorneys, meanwhile, said the county has no intention of changing its public outreach. The county hasn’t spent any money opposing the initiative, which isn’t even mentioned in El Toro materials, Deputy County Counsel Don Rubin said.

“Our position is that we’re not promoting an airport, we’re providing information about the county’s airport plan,” which was authorized by voters in 1994, he said.

“We’ve always been very careful not to mention the ballot initiative in any part of our program,” El Toro Planning Director Gary Simon said.

About $2 million has been spent this year on public outreach for the county’s airport plan, with another $4 million to be spent by June 30. The money has come from John Wayne Airport, whose director warned county supervisors this week that it faces a deficit this fiscal year if parking and other fees aren’t raised.

The dual interpretations of Hayes’ ruling dampened reaction from both sides. The judge released the ruling on the Internet based on motions filed by each side; no hearing was held.

The mystery over what the judge actually ordered won’t be solved until Jacobs submits a final ruling for Hayes to sign. He has five court days to do so. Jacobs will write the ruling because he asked for the injunction.

Jacobs said the judge’s intent is clear because the ruling was issued after Hayes considered only the “Just the Facts” materials, including brochures and mailers that have been sent to homes countywide.

Further, Jacobs said, the county has in effect been opposing the park measure through its support of the airport. The Orange County Central Park and Nature Preserve Initiative would replace airport zoning at the former Marine base with that of a large urban park and nature preserve.

“Judges don’t issue injunctions to stop someone from doing something that they’re not doing,” Jacobs said.

Rubin said Jacobs had asked the judge to issue an injunction barring the county from spending money for its airport outreach, but Hayes didn’t do so. County attorneys will protest if Jacobs drafts a ruling that bars such spending, Rubin said.

Supervisors were evaluating the ruling late Friday. Supervisor Todd Spitzer, who opposes an airport, said he wants to see what the judge actually orders before celebrating. If spending on El Toro is halted, “We can finally stop the wasteful garbage that’s been spewing out of the county,” he said.

Spitzer and Supervisor Tom Wilson, the board’s other airport foe, this week asked their colleagues to freeze all spending from John Wayne Airport on El Toro. John Wayne is facing a deficit of up to $10.4 million unless fees for parking and aircraft tie-down spaces are raised, Airport Director Alan L. Murphy said.

The total El Toro program--including planning, environmental studies and attorney costs--will be about $11.8 million this fiscal year. Since 1994, planning for El Toro has pulled about $52 million from John Wayne Airport revenues.

Supervisors voted to hold a public hearing in January to consider raising airport fees. Security costs at the airport have risen nearly $13 million since the Sept. 11 terrorist attacks.