Increase in Airport Flights After Pact Enrages Newport

Less than two days after a settlement ended years of dispute with Newport Beach over the future of John Wayne Airport, the county Board of Supervisors on Wednesday authorized a massive temporary increase in jet flights that has infuriated airport neighbors once again.

The plan, approved 4 to 1 over board Chairman Thomas F. Riley’s vehement objections, will allow as many as 95 airline departures a day during the first three months of 1986, including nine more flights by the noisiest jets than the number permitted under the agreement signed Monday by U.S. District Judge Terry Hatter Jr.

“While these changes are undoubtedly legal under the settlement agreement with the City of Newport Beach, there is no doubt that they do not uphold the spirit of the agreement,” Riley said. He called the new plan a “slap in the face and the realization of their worst fears” for Newport Beach residents who live under the flight path.

‘Devastated’ Councilwoman

Newport Beach Councilwoman Evelyn Hart walked stone-faced out of the hearing room, and muttered: “I can’t talk. I really can’t. I’m devastated by their action.”

The settlement authorizes a maximum of 55 regular jet departures each day, plus enough additional flights by ultra-quiet jets like the British Aerospace BAe-146 to carry a total of 4.75 million passengers a year until a new airline terminal is built. Theoretically, that could mean a total of about 80 flights.

The new plan authorizes as many as 95 departures, though county officials estimate that airlines will elect to fly no more than about 79 because of the few months left for the extra flights.

The plan approved Wednesday comes out of several little-understood technicalities in the county’s methods for allocating flights at John Wayne.

First, both the county’s allocation plan and the settlement agreement describe flights as “average daily departures.” That means that airlines can fly heavier schedules during peak travel periods and pull back some of their flights during slack periods, as long as daily flights average out in a year at 55.

Accumulated Flight Credits

The current situation arose because some airlines have not used all of their allocated departure slots. Republic Airlines, for example, gave up three of its daily departures shortly after the airport’s operating year began April 1, explaining that it did not have a market for them. Thus, 1,095 departures, Republic’s unused departures for a year, have been accumulating in the bank, in effect.

PSA, having purchased the ultra-quiet BAe-146, found that it did not need to apply for a daily departure allocation because the aircraft was quieter than the standards set for noisier jets. Thus, it asked for and received 18 “exempt” flights that are in addition to the 55 regular airline departures.

Because many of the BAe-146 flights had formerly been counted against PSA’s share of the 55 daily flights, county airport officials decided it would be fairer to put those in the bank as well and award them to other eligible airlines until the next airport operating year begins April 1.

The bottom line is that the airport has averaged 45 daily flights over the early part of the year, instead of 55, and the shortfall is now up for grabs until April 1.

The plan approved by the Board of Supervisors awards all the leftover departure credits for use between Jan. 1 and April 1, temporarily increasing flights by the noisiest jets to as many as 48 a day, compared to the 39-per-day ceiling established under the settlement agreement.

Of the extra daily departures allowed for somewhat quieter jets under the new plan, only AirCal and America West airlines qualify since they are the only carriers that fly the Boeing 737/300. Another 18 departures for quiet jets go to PSA with the BAe-146.

Special airport counsel Michael Gatzke emphasized that it is “highly unlikely” that carriers will use all the departures available to them, since the extra flights are available only until April. It is more likely that flights will increase to about 66 per day, not counting PSA’s 18 “exempt” flights, Gatzke said. Airport Manager Murry Cable estimated there would be only about 79 departures.

Newport Attorney Objects

In any case, all airlines would be subject to the 55 flight-per-day limit again on March 1, Gatzke said.

“We object to a policy that would inject the uncertainty that the City of Newport Beach believed was cleared up with the settlement agreement. The county is trying to in some way provoke them by dumping all the unused (flights),” said Josephine Powe, an attorney representing the city in the airport litigation.

While city officials recognize that the county must respond to PSA’s request for exempt status on its quiet jets, they “can’t live with” the reallocation of the airline’s noisier flights to other carriers, Powe said.

“We went into the agreement not completely liking it, but we thought it was the best way of achieving a balance between the residents and the airlines,” said Barbara Lichman, executive director of the Airport Working Group. “Thirty-six hours after the agreement was signed, the people of Newport Beach will live with not 55 flights, but 76. We never thought they would take advantage of our good faith 36 hours after we signed the agreement.”

But Supervisor Bruce Nestande, admitting he “didn’t necessarily like” the settlement agreement either, noted that it says flights will be tabulated on an annual basis. “If that’s not what they wanted in the agreement, why did they sign it? I’m really getting very bored and tired with the county always being wrong.”

Stanton Asks What It Means

Supervisor Roger Stanton added: “I want to know, what does you ‘can’t live with it’ mean? Does that mean you’re going to die? Does it mean you’re going to sue?”

“It means,” Powe responded, “it may be the letter of the agreement, but in the spirit of cooperation . . . we would hope you take into consideration our concerns.”

City officials and Riley asked for a delay until the board’s next meeting in January on the reallocation issue. Riley complained that he hadn’t even heard about the new plan until Tuesday afternoon. “Your concern for the staff and your lack of concern for me as supervisor of the 5th District is appalling,” he told Gatzke.

Riley’s motion to postpone Wednesday’s action did not get a second. Riley said he was speaking partly on behalf of his constituents in Santa Ana Heights, the neighborhood nearest the airport, where the county’s program to buy property from unhappy residents has been held up by the court fight with Newport Beach.

“I’m sure I speak for them in that I know they would not wish you a very merry Christmas,” Riley told other board members.

Gatzke said airport staff members were left in a difficult position by the delay in obtaining Hatter’s signature on the settlement. With PSA having waited since May for an answer on its exempt flights, it was important to respond quickly to avoid further litigation, Gatzke said. Moreover, the entire issue of flight allocations had to be decided before the airport’s final operating quarter begins Jan. 1, he said.

But Riley said that, except for PSA’s flights, the hurried scheduling was primarily for “the convenience of some of the airlines.”

Eligible for Flights

While all of the carriers serving John Wayne will be eligible for the nine additional departures authorized for the noisiest jets, only AirCal and America West fly the kind of jets eligible for additional flights being allocated to somewhat quieter jets like the Boeing 737/300.

America West, eligible for four of those departures, announced it will pick up those slots in February with additional flights to Phoenix.

But AirCal, now authorized to temporarily double its flights from Orange County, has not yet decided how many new departures it will accept, said Vice President Bill Bell.

“I think it’s safe to assure we would not be able to use all of the proposed allocation. Hopefully, we can add a few flights,” Bell said. “We understand the concerns of the homeowners. We’re sympathetic to them. We want to be good neighbors. But there has also been a period for the last nine months when less than the authorized amount (of flights) have been flown.”

Incoming airport manager George Rebella couldn’t be reached for comment. He had gone home sick.