Title
Recommendation to Review, Comment on, and Authorize Mayor to Sign the City’s Draft Response Letter to the Port of Oakland Board of Port Commissioners on the Oakland Airport Final Environmental Impact Report. (City Manager 10021833)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
On November 6, 2024, City Council received an update from staff on the Final Environmental Impact Report (FEIR) for the Oakland Airport Terminal Modernization and Development Project (Project). Staff is now seeking City Council input on a draft letter to the Port of Oakland (Port) Board of Port Commissioners (Port Board) on the FEIR.
BACKGROUND
On October 16, 2023, the City of Alameda (City) submitted a letter commenting on the Port’s Draft Environmental Impact Report for the Project (Exhibit 1).
On October 17, 2024, the Port released a Final Environmental Impact Report (FEIR): (<https://www.iflyoak.com/business/terminal-modernization/eir>).
On November 6, 2024, staff provided City Council with a summary of the Port’s responses to the City’s comments on the Draft EIR:
(<https://alameda.legistar.com/LegislationDetail.aspx?ID=6904440&GUID=8D5625B3-0117-4510-A616-0C6A8082BC84&FullText=1>).
On November 21, 2024, the Port Board will consider certifying the FEIR.
DISCUSSION
As of the writing of this report, staff plans to schedule a closed session with City Council on November 19 to discuss potential legal options. Staff is also seeking City Council input and public comment on a draft letter to the Port Board to be presented before their meeting on November 21, 2024 (Exhibit 2). The submittal of a City letter to the Port Board is intended to raise City concerns about the Project and will also preserve arguments should the City Council direct staff to pursue litigation.
ALTERNATIVES
City Council may review and comment on the draft letter and/or provide other direction related to the City’s response to the Project and the FEIR.
FINANCIAL IMPACT
Planning staff time for review and comment on the EIR, estimated not to exceed $10,000, will be charged to the General Fund Non-Departmental Fund. In addition, the City has spent at least $55,000 for City Attorney and outside expert review thus far which will be charged to the same account.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The General Plan provides guidance on City actions related to noise, air quality, safety and transportation, among other topics. Specifically, the Health and Safety Element identifies airport noise and air pollution as concerns, and it sets forth policies related to airport expansion. The FEIR concludes that no significant noise impacts would occur because of the Project, but that potentially significant and unavoidable impacts to air quality and historical resources would occur.
ENVIRONMENTAL REVIEW
Reviewing and commenting on the Port of Oakland’s EIR and directing staff to send a letter to the Port Board are not actions that constitute a “project” subject to CEQA environmental review.
CLIMATE IMPACT
Reviewing and commenting on the FEIR or the draft comment letter does not have a direct effect on the environment.
RECOMMENDATION
Review and comment on the City’s draft response letter to the Port of Oakland Board of Port Commissioners regarding the Oakland Airport FEIR and authorize the Mayor to sign.
Respectfully submitted,
Allen Tai, Planning, Building and Transportation Director
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. City’s October 2023 Comment Letter on the DEIR
2. City’s Draft Comment Letter on the Final EIR