El Toro boosters again challenging antiairport measure

Jenifer Ragland

Proponents and detractors of a measure that could derail the county’s El

Toro airport plans will be in court today to once again duke it out over

the initiative’s merits.

A lawsuit filed by Newport Beach airport supporters alleges that Measure

F -- which would require a public vote on the construction of new

airports, jails or hazardous landfills in residential areas -- violates

the state’s single-subject rule for initiatives.

Former Newport Beach Mayor Tom Edwards, one of the attorneys representing

the initiative opponents, declined to comment on the content of his

petition.

The California Constitution prevents more than one subject from being

submitted to the voters under one initiative, said James Harrison, one of

the San Francisco-based attorneys representing initiative proponent

Jeffrey Metzger.

But Harrison said Measure F in no way violates that rule.

“This challenge falls far short of coming close to invalidating the

initiative,” he said. “It’s reforming the procedures by which the county

approves large-scale development projects that affect the health and

safety of surrounding communities.”

Harrison also said that California is full of cases that have upheld

ballot measures much broader than the Safe and Healthy Communities

Initiative under the single-subject law.

One of those was the political reform act of 1974, which included

lobbyists activities, ballot measures and campaign spending measures in

one initiative. The California Supreme Court found that the measure did

not violate the single-subject rule, Harrison said.

But just this month, a California Superior Court judge invalidated a

statewide initiative under the single-subject rule.

The measure, Proposition 24, included a provision that would cut

legislator compensation and one that would move the ability to draw

congressional districts from the Legislature to the Supreme Court.

“In that case, there’s no relationship between the two whatsoever,”

Harrison said, adding that the proponent admitted to including the pay

cuts in order to make the other provision more popular with voters. “This

measure is not that.”

This is the third time airport supporters have challenged the measure in

court since its release last spring.

In June, they alleged the initiative violated five areas of California

law. The judge allowed the measure to go on the ballot, but expressed her

own serious doubts about the measure’s validity.

Airport boosters also alleged that Measure F should include a copy of

Measure A -- the 1994 ballot measure in which voters agreed to plan an

airport -- in the text. That petition was denied Dec. 10.

Today’s hearing is set for 10 a.m. in Orange County Superior Court.