Airport Noise Level Changes Approved by Supervisors

Orange County supervisors approved changes Monday to the maximum noise levels allowed near John Wayne Airport after an hourlong discussion about whether the levels over Santa Ana Heights had been raised improperly in 1993.

The most recent changes were approved last summer by U.S. District Judge Terry Hatter Jr. They allowed county officials to make adjustments for a more sophisticated system to monitor aircraft noise in Newport Beach and Santa Ana Heights, the neighborhood nearest the airport.

Supervisors Tom Wilson and Todd Spitzer had asked why Hatter’s signature was obtained for some adjustments to operations at the airport while other changes were done without it. Hatter signed the 1985 court settlement between the county, Newport Beach and two citizens groups that allowed the county to limit noise and the number of commercial flights at the airport.

Airport attorney Michael Gatzke assured supervisors Monday that previous changes to operations did not need Hatter’s signature, including adjustments in 1993 that raised noise slightly over Santa Ana Heights and the introduction of cargo flights in 1994.

Gatzke said that, as long as the parties to the settlement approved of the changes, they did not have to go before Hatter.

Adding cargo flights, for example, was handled without Hatter’s signature.

“The consensus was, it was inappropriate to go out of our way to give cargo carriers a forum before Hatter to contest the [airport] access plan,” Gatzke said.

Spitzer said late Monday that he was bothered that Gatzke would claim such broad discretion about when to seek court approval.