APPROVED AS TO FORM AND LEGALITY
________________________
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OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ 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 7+( 3257¶6 (/(&75,&$/ /,1(6 (;,67 $1' $5( 23(5$7(' %< THE PORT; AND ADOPT CALIFORNIA ENVIRONMENTAL QUALITY
ACT FINDINGS
WHEREAS, the City RI2DNODQG
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owns certain real property commonly known as
the former Oakland Army Base, located in the City of Oakland, County of Alameda, State of California
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; 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 3URORJLV/3D'HODZDUHOLPLWHGSDUWQHUVKLS ³7HQDQW´
(as amended and assigned,
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; and
WHEREAS, a portion of the Property is adjacent to a wharf, commonly known as ³%HUWK
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; and
WHEREAS, the Port is an electrical utility provider and owns/maintains electrical distribution lines DQGUHODWHGLQIUDVWUXFWXUH
FROOHFWLYHO\ ³(OHFWULFDO /LQHV´
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
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; and
2 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
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with the Port to allow the
Port access to maintain the Electrical Lines it installed pursuant to the License at no cost to the &LW\RUWKH3RUWIRUVRORQJDVWKH3RUW¶VElectrical Lines exist and are operated by the Port; and be it
FURTHER RESOLVED: That the City Council, after independent review and consideration, finds and determines that this action complies with the California Environmental 4XDOLW\$FW
³CEQA´
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: 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,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES ±
ABSENT ±
ABSTENTION ±
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California