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APPROVED AS TO FORM AND LEGALITY
CITY ATTORNEY’S OFFICE
/
OAKLAND CITY COUNCIL
RESOLUTION NO. 8 9 0 8 0 C.M.S.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO
ENTER INTO AN ACCESS AGREEMENT BETWEEN THE CITY OF
OAKLAND AND THE PORT OF OAKLAND FOR POWER LINE
MAINTENANCE ON CITY-OWNED PROPERTY ADJACENT TO
BERTH 9 AT NO COST TO THE CITY OR THE PORT FOR SO LONG AS THE PORT’S ELECTRICAL LINES EXIST AND ARE OPERATED BY
THE PORT; AND ADOPT CALIFORNIA ENVIRONMENTAL QUALITY
ACT FINDINGS
WHEREAS, the City of Oakland (“City”) owns certain real property commonly known as the former Oakland Army Base, located in the City of Oakland, County of Alameda, State of California (the “Property”); and
WHEREAS, the Property is subject to that certain Army Base Gateway Redevelopment Project Ground Lease for MH-1 Lease Area, dated as of December 6, 2016, by and between the City and Prologis, L.P., a Delaware limited partnership (“Tenant”) (as amended and assigned, the “Lease”); and
WHEREAS, a portion of the Property is adjacent to a wharf, commonly known as “Berth 9,” which is within the Port Area and is subject to jurisdiction of the Port of Oakland (“Port”); and
WHEREAS, the Port is an electrical utility provider and owns/maintains electrical distribution lines and related infrastructure (collectively, “Electrical Lines”) to serve its tenants and a segment of the Electrical Lines near Berth 9 was historically located on the Property; and WHEREAS, in 2020, the City requested the Port relocate a segment of the Electrical Lines located on Property to allow Tenant to develop an approximately 13-acre parcel pursuant to its Lease; and
WHEREAS, the Port has relocated and installed Electrical Lines over a portion of the Property adjacent to Berth 9 pursuant to that certain Temporary License for Electrical Pole and Line Installation (Former Oakland Army Base - Berth 9) dated August 26, 2020, by and between the City, as licensor, and the Port, as Licensee (“License”); and
WHEREAS, the City and the Port desire to enter into an access agreement to replace the License which would allow the Port access to maintain the relocated Electrical Lines so long as they exist and are operated by the Port; now, therefore, be it RESOLVED: That the City Council hereby authorizes the City Administrator to negotiate and execute an access agreement (’’Power Line Access Agreement”) with the Port to allow the Port access to maintain the Electrical Lines it installed pursuant to the License at no cost to the City or the Port for so long as the Port’s Electrical Lines exist and are operated by the Port; and be it
That the City Council, after independent review and
consideration, finds and determines that this action complies with the California Environmental Quality Act (“CEQA”) because this action is exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines, which exempts operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing use; and be it FURTHER RESOLVED:
FURTHER RESOLVED: That the City Administrator is further authorized to negotiate and execute documents and take all other action necessary with respect to the Power Line Access Agreement and the Property consistent with this Resolution and its basic purposes IN COUNCIL, OAKLAND, CALIFORNIA, MAR 15 2022
PASSED BY THE FOLLOWING VOTE:
AYES- FIFE. KALB, KAPLAN, REID, TAYLOR,
PRESIDENT FORTUNATO BAS
NOES
ABSENT --jr
ABSTENTION -
13kojjuiA' ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
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