Willow Glen Resident

News

Contract eliminates reference to voluntary curfew compliance

By Eli Segall

After weeks of public pressure and criticism, the San Jose airport will present its charter airlines with a new contract proposal that eliminates any reference to voluntary curfew compliance by certain aircraft.

The modified contract was unanimously approved March 27 by the San Jose City Council.

The 30-year lease between airlines operating in San Jose and the Norman Y. Mineta San Jose International Airport expires this fall.

Two months ago the airport and United, American and Delta informally agreed to a new contract. The new deal is a five-year, month-to-month agreement with a five-year extension option.

Twenty-one other airlines use San Jose Airport, all of which will continue to operate on month-to-month agreements.

Critics, led by San Jose-based advocacy group Citizens Against Airport Pollution, blasted the proposed contract language as giving airlines undue flexibility in breaching permitted flight times. Other complaints centered on a clause that apparently softened the airport's ability to evict airlines for repeated curfew infractions.

Airport spokesman Rich Dressler said criticism of the deal was wrapped in miscommunication and confusion.

"People saw the words 'voluntary' and 'curfew' and no one read further to see what we meant," Dressler said. Had the clause been approved, the airport could still levy fines on 89 decibel-plus aircraft that broke curfew, he added.

The curfew clause sought to protect residents from increased noise, not offer loopholes for aircraft to break the 11 p.m. to 6 a.m. curfew, Dressler said. He pointed out that any aircraft that produces less than 89 decibels of noise may, in fact, break curfew without incurring the mandatory $2,500 fine. Other exemptions to the curfew include emergency landings, government aircraft and weather or mechanical related delays.

Voluntary curfew compliance ordinance did not apply to aircraft that produce more than 89 decibels of noise, he added.

The issue of airplane noise is not new to the Rose Garden, Willow Glen and downtown communities, all of which sit underneath the flight path. Doug Badham of the Cory neighborhood by Valley Fair also hears daily jet roars; after learning of the deleted clause, he expressed frustration over the issue.

"People move here because it's a nice environment, and noise affects that environment," Badham said. "If you're going to have a rule, it should be a rule, not subject to interpretation."

The two councilmen who proposed deleting the voluntary curfew compliance clause were Sam Liccardo, who represents the downtown and the Gardner neighborhood, and Pierluigi Oliverio, who represents Willow Glen and the Rose Garden.

In a recent memo to the council, Liccardo acknowledged the curfew enforcement abilities would not be affected by the proposed deal, but he still wanted the clause eliminated due to mounting public criticism.