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Hoard of Port Commiseioo,ars <br />O@6IDIIRIAL' ATTORNEY <br />of the City of Oakland CLIENT AND ATTORIgY ROAR- <br />Oakland, California <br />PRODUCT PRIVILTGED: <br />August 21, 1998 <br />EXEMPT FRIli DISCIDSURE <br />Page 2 <br />ABSOLUTELY PROHIBITED PROM <br />DISSISMATIQI OUTSIDE PORT <br />Insulation Agreement: Once all litigation is resolved and the <br />ADP is allowed to proceed, the Port will be required to design noise <br />insulation for four San Leandro Unified School District schools and one <br />San Lorenzo Unified School District school so- called "Tier 1" schools), <br />and provide funding for construction of the insulation up to an amount <br />not to exceed $1 million per school. The Port would also be obligated <br />to insulate two other San Leandro Unified School District schools so- <br />called Tier 2" schools), if monitoring shows that aircraft noise <br />exceeds specified levels inside classrooms in those schools. Finally', <br />the Port would be obligated. to insulate two additional San Leandro <br />Unified School District schools and three additional San Lorenzo Unified <br />School District schools so- called "Tier 3" schools) if outside aircraft <br />noise levels at the schools exceed 65 CNEL and aircraft noise exceeds <br />specified levels inside classrooms in those schools. The Port's EIR <br />studies indicate that it is very unlikely that it would ever be required <br />to provide insulation of any of the Tier 2.of Tier 3 schools because the <br />anticipated future noise levels will never be high enough to trigger the <br />Port's obligation to provide insulation. <br />Other Provisions:The other provisions of the Settlement <br />Agreement, such as.the noise easement the Port would receive for schools <br />that are insulated, and the School District's agreement to dismiss their <br />lawsuit and not to oppose the ADP or actions in the future to implement <br />the ADP, were summarized in the attached April 17 letter. <br />We will be prepared to discuss the proposed Settlement Agreement <br />with the Board in closed session on September 1. A resolution approving <br />the Settlement Agreement will be prepared for Board action. Efforts are <br />underway to prepare a joint Port - School District press release in the <br />expectation that the Board and the School District will give final <br />approval to the Settlement Agreement. <br />Very truly yours, <br />A <br />DAVID L. ALEXANDER <br />U Port Attorney <br />Attachment <br />cc & att.:Charles W. Foster <br />Steve Grossman <br />Kristi McKenney <br />Carole Wedl <br />Thomas D. Clark <br />18809