Airport Noise Deal Raises Suspicions

What should have been a procedural vote Tuesday by the Board of Supervisors to adjust noise limits near John Wayne Airport erupted into allegations that the county may have allowed louder noise levels for six years without proper approval.

Supervisors Todd Spitzer and Tom Wilson said it appeared from county records that officials raised John Wayne Airport noise limits in 1993 without authorization from a federal judge.

The airport’s noise limits were established in 1985 through a federal court order signed by U.S. District Judge Terry Hatter Jr.

Wilson and Spitzer said they reviewed both the county’s file on John Wayne and the federal court file and could find no court-approved changes to the 1985 airport agreement between 1992 and August. That’s when Hatter approved a new monitoring system for the airport that included additional noise-level adjustments.

“If these changes weren’t filed with the court, [airport officials] were agreeing to put more noise into the Newport Beach and Santa Ana Heights community, and they did it without court approval,” Spitzer said.

He said his suspicions were raised because the county file contains an agreement among attorneys for the county, Newport Beach and two groups representing nearby residents signed in 1997. The agreement, called a stipulation, detailed other adjustments to airport operations, as well as the 1993 noise increases.

That 1997 document wasn’t signed by Hatter, even though it has a space for the judge’s signature and indicates on Page 5 that the agreement is “subject to the approval of the court.” A cover letter signed by county special airport attorney Michael Gatzke states that the agreement will be submitted to the court.

Gatzke, who has represented the county in airport matters for nearly 20 years, said Tuesday that no court approval was needed to change the 1985 agreement, as long as all the attorneys involved agreed in writing.

“Everything has happened with the appropriate concurrence from all of the affected parties,” he said. “Nothing had to go back to [Judge] Hatter.”

But county attorney Richard Oviedo told supervisors Tuesday that changing the 1985 agreement involves a three-step process: All the attorneys must sign a stipulation; the federal court must approve it; and the county’s airport access plan must be amended.

Oviedo could not explain why there is no record of a judge having signed the 1993 noise increases--which occurred as a result of changes in takeoff procedures--or a 1994 action by supervisors to allow cargo flights at John Wayne Airport.

“We’re still researching that,” Oviedo said.

If neither was properly authorized, airlines could protest any fines they received for violating the noise limits since 1993, and cargo flights may need to be re-approved.

Spitzer suggested that county officials finally obtained Hatter’s signature in August on a new agreement incorporating all of the changes as a way to “cover up” their failure to get earlier court approvals.

“It’s my job to raise legitimate issues, and these are legitimate issues,” Spitzer said Tuesday.

He even suggested during the meeting that “if this is true,” county officials may have purposely acted to increase noise over John Wayne’s neighbors to increase pressure for construction of a second airport at the closed El Toro Marine base.

But Chairman Charles Smith cut Spitzer off before he could finish, saying: “Now, wait a minute. You’re making some allegations here that are unfounded.”

Deputy Airport Director Alan L. Murphy told Wilson that the county brought the latest change to supervisors Tuesday to accommodate the new noise monitoring system installed at the airport. The changes were described as minuscule increases in noise.

Murphy said the board approved the changes in April and “for some unknown reason” the federal court took a long time returning with its approval. He could not explain why court approval wasn’t sought for the earlier changes.

Smith said he wants the questions surrounding the airport answered by the board’s Dec. 21 meeting.