County cleared to spend on El Toro

Noaki Schwartz

SANTA ANA -- A judge ruled Thursday that the county can resume spending

on 21 outstanding consultant contracts, existing litigation and future

lawsuits in connection with the proposed airport at the former Marine

Corps base at El Toro.

Spending on the controversial project had been stalled, pending a

decision on Measure F, the initiative that would require two-thirds voter

approval before new airports, jails or landfills could be built.

Orange County Superior Court Judge Otero ruled only on specific spending

requests that were made by county officials. A final decision on the

entire spending section of the law -- which attempts to prohibit the

county from using taxpayer money on airport planning until public

hearings are held in every city that will be affected by the project --

will be made on June 23.

The new development could further complicate the ongoing battle over the

use of the 4,700-acre El Toro site. The Orange County Board of

Supervisors just started a review process to determine if it will

continue work on the controversial airport project.

On Tuesday, the board began a study on seven alternatives, ranging from

continuing with the airport, to scrapping it and starting over.

None of the supervisors could be reached for comment Thursday.

Lawyer Barbara Lichman, representing the Airport Working Group, which is

contesting Measure F in a separate lawsuit, said this was a major victory

and will force the board to continue with the planning process.

Lichman believes the supervisors are “acting outside their authority” in

looking at options other than building an airport. The working group’s

lawsuit is challenging the constitutionality of the anti-airport measure,

which passed with nearly 70% of the vote in March.

“Either they have to build an airport or nothing -- or sit on their

hands,” she said firmly.

Local pro-airport representatives, including Newport Beach Mayor John

Noyes, were comforted by the news. In the wake of Measure F and the

supervisors’ decision to review their options, the pendulum appeared to

be swinging against the project, said members of the pro-airport

contingent.

Meg Waters, a spokeswoman for the El Toro Reuse Planning Authority,

however, disagrees with Lichman. She said Thursday’s ruling doesn’t mean

anything, arguing that almost 70% of the county’s voters supported

Measure F and they are the supervisors’ “real constituency, not the

judge.”

“They should think long and hard before they start getting drunk with

money,” she said. “It ain’t over until it’s over and the fat lady hasn’t

even tuned up yet.”

The board is scheduled to hear public comments May 16.