CITY OF ALAMEDA, a municipal corporation;
et al.,
Petitioners and Plaintiffs,
v.
PORT OF OAKLAND, et al.,
Respondents and Defendants
BERKELEY KEEP JETS OVER THE BAY COMMITTEE,
an unincorporated association,
Petitioner
v.
PORT OF OAKLAND,
Respondent
CITY OF SAN LEANDRO, et al.,
Petitioners and Plaintiffs,
v.
PORT DEPARTMENT OF OAKLAND
ACTING BY AND THROUGH THE
OAKLAND BOARD OF PORT
COMMISSIONERS, et al.,
Respondents and Defendants.
No. 793056-0
(Consolidated with Nos. 793028-7,
793033-9, and 793046-3 (Dismissed))
REVISED PEREMPTORY WRITE OF MANDATE
TO: Respondents Port of Oakland and Board of Port Commissioners (collectively,
"Respondent")
A revised judgment having been entered ordering that a new, revised
peremptory writ of mandate issue from this Court:
YOU ARE HEREBY COMMANDED to comply with the following:
1. Within one year from the date the Revised Judgment becomes final,
Respondent shall void Resolution 99263 (adopted by the Port of Oakland on June 29,
1999), except that Resolution 99263 need not be voided and shall remain valid as to
the following: (1) the Port of Oakland's approval of the undertakings described in
Paragraph 4.1 subsections (a) through (in) of the Phase 1 Agreement and
certification of the Final Environmental Impact Report, as supplemented, for such
undertakings; (2) the Port of Oakland's approval of the undertakings identified in
paragraph 2(d) of this Court's February 2, 1999 Judgment Granting Peremptory
Writ of Mandate, and certification of the Final Environmental Impact Report, as
supplemented, for such undertakings; (3) the Port of Oakland's approval of the
relocation of the provisioning building component of the Airport Development
Program, and certification of the Final Environmental Impact Report, as
supplemented, for such relocation; (4) the Port of Oakland's approval of any other
components of the Airport Development Program that the Court subsequently finds are
severable pursuant to Public Resources Code section 21168.9(b), and certification
of the Final Environmental Impact Report, as supplemented, for such project
components; and (5) the Port of Oakland's approval of findings adopted pursuant to
the California Environmental Quality Act with regard to all matters included in
those findings other than the matters specified in sub-paragraphs 2(a) through 2(f)
of this Revised Peremptory Writ of Mandate, below.
2. Except for the undertakings described in paragraph 1 above, the Port
shall not re-approve the Airport Development Program unless and until it has first
prepared, circulated for public comment, and certified a Second Supplement to the
Environmental Impact Report for the Airport Development Program ("Second SEIR")
that provides the following information:
a) The Second SEIR shall contain a revised estimate of emissions of toxic
air contaminants from jet aircraft based upon California Air Resources Board
speciation profile #586 for volatile organic compounds, or based upon more recent
speciation data for jet aircraft as determined by Respondent Port of Oakland in
consultation with the Bay Area Air Quality Management District;
b) The Second SEIR shall include a meaningful attempt to quantify the
incremental amount of mobile-source emissions of toxic air contaminants that would
result from normal operation of the Oakland International Airport with the addition
of the components of the Airport Development Program in the year 2010, as compared
to mobile source emissions of toxic air contaminants that would result from normal
operation of the Oakland International Airport without the addition of the
components of the Airport Development Program in the year 2010. For purposes of
this analysis, mobile source emissions of toxic air contaminants shall mean
emissions from normal operations of aircraft, ground access vehicles, ground
support equipment and auxiliary power units at the Oakland International Airport.
Mobile source emissions need not include emissions from ground vehicles operating
outside of the boundaries of the Oakland International Airport, and need not
include emissions from ground vehicles associated with operation of the Airport
Roadway Project component of the Airport Development Program.
c) The Second SEIR shall include an assessment of whether the incremental
amount of mobile-source emissions of toxic air contaminants that would result from
normal operation of the Oakland International Airport with the addition of the
components of the Airport Development Program in the year 2010, as compared to
mobile source emissions of toxic air contaminants that would result from normal
operation of the Oakland International Airport without the addition of the
components of the Airport Development Program in the year 2010, will result in
significant health impacts to off-Airport residents, off-Airport workers or on-
Airport workers;
d) The Second SEIR shall include a supplemental analysis of the potential
noise impacts of increased nighttime flights due to normal operation of the Oakland
International Airport with the addition of the components of the Airport
Development Program in 2010, as compared to normal operation of the Oakland
International Airport without the addition of the components of the Airport
Development Program in 2010. The supplemental analysis of nighttime noise shall be
based upon an estimate of the increase in the average number of flights per night
at two or more locations in the cities of Alameda, Berkeley and San Leandro, that
would result from the Airport Development Program in the year 2010, and calculation
of the probability of being awakened by single event noise from a representative
sampling of the types of single event nighttime aircraft operations that would
increase due to operation of the Airport Development Program, based upon the 1997
FICAN-recommended sleep disturbance dose-response relationship for interior Sound
Exposure Levels and percent awakening. The supplemental analysis of nighttime noise
also shall include an updated calculation of existing cumulative aircraft noise
levels (using the CNEL metric), based upon the fleet mix and aircraft operations at
Oakland International Airport in the year 2000, including the existing noise
conditions in the City of Berkeley;
e) The Second SEIR shall describe the measures for reducing impacts to the
burrowing owl caused by construction of the components of the Airport Development
Program. To the extent that the California Department of Fish and Game has executed
a mitigation agreement for impacts to the burrowing owl or otherwise approved
mitigation measures to reduce impacts to the burrowing owl from the Airport
Development Program, the discussion of mitigation measures need only describe the
measures approved by the California Department of Fish and Game; and
f) The Second SEIR shall include additional information regarding
cumulative impacts and project alternatives as follows: a) If the analysis of toxic
air contaminants demonstrates that a new significant impact would occur, then the
Second SEIR shall compare the effects of the no project alternative, the passenger
dominant alternative and the cargo dominant alternative to the effects of the
Airport Development Program with regard to emissions of toxic air contaminants; b)
The Second SEIR shall compare the effects of the no project alternative, the
passenger dominant alternative and the cargo dominant alternative to the effects of
the Airport Development Program with regard to single event nighttime noise;
c) No additional analysis of the cumulative effects from toxic air contaminants
shall be required; the health risk assessment, described above, will account for
multiple sources of toxic air contaminants on the Airport from normal operations
resulting from the Airport Development Program; and d) No additional analysis of
cumulative nighttime noise effects shall be required; the analysis of sleep
disturbance from nighttime noise, described above, will be a single event analysis,
however an estimate of the total number of increased nighttime flights with
operation of the Airport Development Program in 2010 shall be provided in the
Second SEIR and the Port of Oakland shall update the analysis of estimated
cumulative aircraft noise levels for the Airport Development Program in the year
2010 by using the CNEL metric.
3. Pursuant to Public Resources Code section 21168.9(b) and the agreement
of the parties, this Court finds that, pending completion of the Second SEIR
described above, Respondent Port of Oakland may proceed with approval and
implementation of: the undertakings described in Paragraph 4.1 subsections (a)
through (in) of the Phase 1 Agreement; the undertakings identified in paragraph
2(d) of this Court's February 2, 1999 Judgment Granting Peremptory Writ of Mandate;
relocation of the provisioning building component of the Airport Development
Program; and any such other components of the Airport Development Program that the
Court subsequently finds are severable and will not prejudice complete and full
compliance with the requirements of CEQA as specified by the Court of Appeal's
decision in these consolidated proceedings.
4. Respondent Port of Oakland shall file a return to the Revised Peremptory
Writ of Mandate after it has voided Resolution 99263 as described in paragraph 1 of
this Revised Peremptory Writ of Mandate, and completed any reconsideration and/or
re-approval of any of the remaining components of the Airport Development Program,
or determined not to re-approve the remaining components of Airport Development
Program. Pursuant to Public Resources Code section 21168.9(b), this Court shall
retain jurisdiction over these proceedings by way of the return to the Revised
Peremptory Writ of Mandate until the Court has determined that Respondent Port of
Oakland has complied with the provisions of CEQA.
DATED: October __, 2002
Clerk of the Superior Court