Minutes 1997 1124 - Laserfiche WebLink

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Minutes - City of San Leandro City Council Meeting Page - 5 - November 24, 1997 EIR - it's a 30-day statute of limitations - and because of the timeline the Port is under to approve the EIR and the Master Plan by the 15th of December, the City Council must take this action at this time, even though we don't have a final EIR, and we are not certain whether all of the mitigation measures or any of the mitigation measures that we have suggested are incorporated into the project. The fact that a particular comment has not been made by the City does not mean the City is precluded from raising that issue in litigation. If the comment was made by any other party or any other entity, then we can utilize those comments and the information that is in the EIR, or the information that is lacking from the EIR, to make an argument that the document is inadequate and the Port should not have approved it. We are limited to the extent that you have to participate in the administrative process in order to bring an action to challenge their compliance with CEQA. The City has met that obligation. In response to a question by Council Member Lothrop, Wandzia Grycz noted the San Francisco Noise Insulation Program indicates a noise level, and that is why she indicated in the staff report that, as part of the negotiations, we would not be limiting our negotiations based on any contours that may be cited for the City of San Leandro because she believes our case would be diluted if we did. The intent of that particular mitigation measure would be that we would negotiate a program that would be made available to residences and school s i n San Leandro which fel t they had a noise i ssue associated with the Port of Oakland's airport activities. G. Francquois Gallo, 979 Woodland Avenue, addressed the Council regarding the proposed insulation program, noting it is a secondary solution. Double insulation means having double-paned windows - heavier doors - but you still cannot enjoy your backyard or have a conversation outside. He would prefer another solution that would be more desirable. He referenced the expansion of the naval operations last month, noting the Port did not acknowledge the concerns expressed. He questioned the timing of the release of the EIR now, noting it is the holiday season and many people will be busy and/or out of town. He concluded by stating his appreciation for the time and effort the City is putting into this. Various Councilpersons noted their concerns with the timing of the release of the EIR during the holiday season, as well. Council Member Glaze commented on the "hands-off" approach that has been taken with the Port of Oakland, and noted it will be very important for all the agencies to band together to move forward with this effort. H. Walter Hurt, addressed the Council and noted he has written three letters to the EPA and has only gotten one letter back. They noted there is only one air monitor in San Leandro, and it is located next to the hospital. He feels we need to work toward getting more monitors. He commented on how the airport figures their noise levels. He went on to describe the difference between the CNEL (a noise curve) way and the SENEL (single event noise exposure level) way. He further expressed