Insight Terminal Solutions Update: City Of Oakland Contractually Agreed To Bulk Terminal

OBOT Insight Terminal Solutions Oakland Global Rail Enterprise
(Last Updated On: December 17, 2019)

Oakland – In this update, more proof the City of Oakland and its Community and Economic Development Agency (CEDA) knew that the ITS Oakland Bulk and Oversized Terminal was to handle multiple commodities, including coal, and that it was a co-developer in the project.

This excerpt from the original development agreement between Oakland Developer Phil Tagami’s California Capital Investment Group and the City of Oakland (now partnered with Louisville, KY-based , where John Siegel is CEO) contains the proof.

One main item of text in the development agreement with the City of Oakland stands out:

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OBOT

H. Developer proposes the development of the Project Site for a mix of trade and logistics uses, a marine terminal for bulk and oversized cargo and other uses and improvements in accordance with the City Approvals, the LDDA and this Development Agreement, as finther described in Exhibits D—1 and D—2.

I. City has taken several actions to review and plan for the future development of the Project. These include, without limitation, the following: (I) preparation and certification of the 2002 Oakland Army Base Redevelopment Plan Environmental Impact Report and the 2012 OARB Initial Study/Addendum(“ElR”); (2) adoption and approval of the Oakland Army Base Redevelopment Plan (as amended prior to the Adoption Date); (3) adoption and approval of the Oakland Army Base Reuse Plan (as amended prior to the Adoption Date); (4) execution of the LDDA; (5) adoption and approval of the Gateway Industrial zoning district; and (6) adoption and approval of the Gateway Industrial Design Standards. This Agreement also anticipates City will timely consider and grant additional future approvals for the Project and that City will use the Environmental Impact Report prepared in support of this Agreement for these approvals and actions to the fullest extent allowed under applicable law.

 

In the words “a marine terminal for bulk and oversized cargo” the City of Oakland contractually agreed to a terminal that handles many different commodities and without a restriction on coal. That matches the City of Oakland’s role in commissioning a market study that identified coal as a commodity to be handled.

Here’s the full text area:

D. Development of the Project will meet the key objectives of City embodied in the General Plan, the Oakland Army Base Redevelopment Plan (as amended prior to the Adoption Date), the Oakland Army Base Reuse Plan (as amended prior to the Adoption Date) and other Existing City Regulations. Specifically, the development ot‘the Project will provide many benefits to City and the public including, but not limited to: (l) mitigate or avoid potentially significant environmental impacts; (2) provide public improvements and infrastructure; (3) deliver the Community Benefits required by the LDDA and the Ground Leases; (4) strengthen City’s economic base with a variety of long term jobs, in addition to shorter term construction jobs; (5) provide for and generate substantial revenues for City in the form of one time fees and Exactions, rent pursuant to the applicable ground leases, property tax and other fiscal benefits; and (6) otherwise achieve the goals and purposes for which the Development Agreement

Ordinance was enacted. City is therefore willing to enter into this Agreement to, among other things: (1) provide certainty to encourage the required substantial private investment in the comprehensive development and planning of the Project; (2) secure orderly development and progressive fiscal benefits for public services, improvements and facilities planning in City; and (3) fulfill and implement adopted City plans, goals, policies and objectives, including, among others, those embodied in City’s General Plan.

B. City recognizes the pioneering nature of the Project and the Project Site, and City
intends that implementation of the General Plan and Redevelopment Plan policies, objectives
and goals, and the zoning ordinance, as amended, will create increased value, operation and
function of the Port ot‘Oakland area and the surrounding neighborhoods.

F. City and Developer anticipate that the full build—out of the Gateway/Oakland
Global project pursuant to this Agreement will generate economic and community benefits to the
City of Oakland and Oakland residents.

G. The Development Agreement Legislation authorizes City to enter into a development agreement with any Person having a legal or equitable interest in real property. Developer has an interest in the Project Site described in Exhibit A, attached hereto, pursuant to the Lease Development and Disposition Agreement, by and among the City, the Oakland Redevelopment Successor Agency and Developer, effective December 4, 2012 (the “LDDA”).

H. Developer proposes the development of the Project Site for a mix of trade and logistics uses, a marine terminal for bulk and oversized cargo and other uses and improvements in accordance with the City Approvals, the LDDA and this Development Agreement, as finther described in Exhibits D—1 and D—2.

I. City has taken several actions to review and plan for the future development of the Project. These include, without limitation, the following: (I) preparation and certification of the 2002 Oakland Army Base Redevelopment Plan Environmental Impact Report and the 2012 OARB Initial Study/Addendum(“ElR”); (2) adoption and approval of the Oakland Army Base Redevelopment Plan (as amended prior to the Adoption Date); (3) adoption and approval of the Oakland Army Base Reuse Plan (as amended prior to the Adoption Date); (4) execution of the LDDA; (5) adoption and approval of the Gateway Industrial zoning district; and (6) adoption and approval of the Gateway Industrial Design Standards. This Agreement also anticipates City will timely consider and grant additional future approvals for the Project and that City will use the Environmental Impact Report prepared in support of this Agreement for these approvals and actions to the fullest extent allowed under applicable law.

J. On May 1, 2013, the City’s Planning Commission held a duly noticed public hearing on this Agreement pursuant to the Development Agreement Ordinance, and other relevant provisions of the Planning Code. After due review of and repelt on Developer’s application for this Agreement by City staff, consideration of all evidence heard and submitted at such public hearing and the matters to be considered pursuant to Section [7.133.060 of the Development Agreement Ordinance in enacting a development agreement, the Planning Commission, in relevant part: (1) considered and relied upon the certified the EIR for the Project, and determined that consideration of this Agreement complies with CEQA based on the ElR, and that this Agreement is consistent with the goals, objectives, policies, land uses and programs specified in the General Plan, the Oakland Army Base Redevelopment Plan (as amended prior to the Adoption Date), the Oakland Army Base Reuse Plan (as amended prior to the Adoption Date), and the other Existing City Regulations pertaining thereto; and (2) recommended that the City Council approve this Agreement based on the foregoing findings. In taking the above actions, the Planning Commission reviewed and heard the report of City’s staff on the Agreement and considered all other evidence heard and submitted at the public hearing, including the matters to be considered pursuant to Section 17.138.060 of the Development Agreement Ordinance in recommending to the City Council the approval of a development agreement.

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