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CONFIDENTIAL: ATTORNEY- <br />Bofrt Cityt Commissioners <br />ana <br />CLIENT AND ATTORNEY WORK - <br />of and CCay of nial PRODUCT PRIVILEGED; <br />Oaklantl, California EJ T FROM DISCLOSURE - <br />October 20, 2000 ABSOLUTELY PROHIBITED FRM <br />Page 2 DISSEN.INATION OUTSIDE PORT <br />b. <br />1. <br />Background and Status .of Litigation <br />The ADP litigation began early in 1998. Originally, six <br />different plaintiff groups filed suit in Alameda County Superior <br />Court challenging the Port's ADP.EIR. The labor union plaintiffs 1. <br />Harry Sheridan, Grady Letherman, John Julson, Larry Blevins and <br />Plumbers and Steamfitters United Association Local Union No. 342) <br />voluntarily dismissed their suit in 1998. The San Leandro and San <br />Lorenzo School Districts settled with the Port in 1998 and <br />dismissed their suits. The remaining plaintiffs are the City of <br />San .Leandro, the City of Alameda,' the Bay Farm Island Alameda - <br />based Citizens League for Airport Safety and Serenity CLASS ") <br />and a Berkeley -based group called Berkeley Keep Jets Over the Bay. <br />With two limited exceptions, the trial court rejected the <br />plaintiffs' challenges to virtually every aspect of the EIR. The <br />plaintiffs appealed. The Port certified a new Supplemental EIR. <br />The trial court rejected all challenges to the new Supplemental <br />EIR. The plaintiffs filed a second round of lawsuits, claiming <br />that a new EIR is required. The trial Judge rejected plaintiffs' <br />claims. Plaintiffs appealed again. <br />Both of plaintiffs' appeals have recently been consolidated . <br />by the Court of Appeal for briefing and oral argument.San <br />Leandro's attorney indicated this week he intends to file a motion <br />requesting an extension of time to file the City's opening brief <br />in the second appeal pending finalization of the settlement. On <br />he basis of negotiations to date, I believe the staffs of the <br />Port -and the City of San Leandro may be able to reach an agreement <br />on a proposed settlement they will recommend to their respective <br />governing bodies. <br />2 <br />Proposed Settlement <br />The major features of the proposed settlement under <br />discussion between Port and San Leandro City staff are as follows: <br />Total Cost to Port: Most likely, approximately $5 million, <br />but could possibly be as high as 15 million, although as noted <br />below) the possible additional 10 million would probably be • <br />required even without the Settlement Agreement. <br />30236