1 APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR
TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH
UNION PACIFIC RAILROAD COMPANY (UPRR), IN
ACCORDANCE WITH CALIFORNIA PUBLIC UTILITY
COMMISSION (CPUC) REGULATI ONS, FOR THE REVIEW OF
THE EMBARCADERO CORRIDOR SAFETY IMPROVEMENTS,
UPON EXECUTION OF A SIGNED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE PORT OF
OAKLAND TO FACILITATE THE DEVELOPMENT OF
TRANSPORTATION PROJECTS BOTH WITHIN AND OUTSIDE
THE PORT AREA AND AN EXECUTED SUPPLEMENTAL
AGREEMENT BETWEEN THE PORT OF OAKLAND AND THE
CALIFORNIA STATE TRANSPORTATION AGENCY THAT
INCLUDES COSTS TO REIMBURSE UPRR AND ADOPTING
CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”)
FINDINGS
WHEREAS, the Waterfront Ballpark District Final Environmental Impact Re port requires the implementation of t he Embarcadero Corridor Safety Improvement project as a California Environmental Quality Act (CEQA) mitigation measure by the Project sponsor (the Oakland Athletics) and analyzes the environmental impacts of those projects; and
WHEREAS, on July 20, 2021, the City Council approved Resolution 88744 C .M.S, approving the term sheet for a future Development Agreement (“Term Sheet Resolution”); and
WHEREAS, the Term Sheet Resolution expr essed City Council’s direction f or staff to take on the responsibility of de livering all necessary offsite transportation infrastructure improvements, includi ng improvements along the Embarcadero corr idor, while making every reasonable effort to protect the General Fund, and to pursue th e use of Federal, State, Regional and other funding sources for th e Project’s offsite transportat ion infrastructure, including the funding and implementation of the Embarcadero Corridor Safety Improvement Project; and
WHEREAS, the 2021 Budget Act (A.B. 128; Sta tutes of 2021, Ch. 21) (the “ Act”) allocated up to $279,500,000 to the California State Transporta tion Agency (“CalSTA”) for the ______ _________ ___________ ___ ____________
CIIIIIIIIIIIIIIITYTYTYYTYYYY ATTOROROROROROROROROROROROROROORO NNENNN Y’S OFFICE 2 Port of Oakland for improvement s that facilitate enhanced freig ht and passenger access in and around the seaport and waterfront, and to promote the efficient and safe movement of goods and people (the “Grant”); and
WHEREAS, the West Oakland & Jack London Square Rail Safety Enhancement Project has been identified as one of the Grant investment categories; and
WHEREAS, the projects along the Embarcad ero Corridor include a pedestri an and bicycle grade separation, a vehic ular grade separation, an emer gency vehicle access route, and at-grade rail safety improveme nts consistent with ACTC’s 2018 “ Grade Crossing Toolkit,” including intersection safety imp rovements, fencing, and additi onal enhancements along the corridor to improve safety and reduce confusion for all modes; and
WHEREAS, the implementation of the Embar cadero Corridor Safety Improvem ents by the City requires UPRR engagement in the design phase in accord ance with CPUC regulations, and UPRR requires a reimbursement agreement to be executed prior to their engagement; and
WHEREAS, UPRR has required that the City r eimburse UPRR’s costs in an a mount estimated not to exceed $900,000.00 following execution of the Agreement; and
WHEREAS, the City and Port of Oakland are in the final stages of a secur ing a portion of the Grant funding through a S upplemental Agreement that would reimburse the City for costs associated with the UPRR reimbursement agreement; now, therefore, be it
RESOLVED: That the City Administrator be authorized to negotiate and en ter into an Agreement with UPRR, pending approval of an MOU between the Por t of Oakland and the City of Oakland for the use of CalSTA grant funds, and an executed s upplemental agreement that includes costs to reimburse UP RR, and subject to review and app roval by the Office of the City Attorney; and be it
FURTHER RESOLVED: The City, as lead agency under CEQA, prepared and certified an environmental impact report for the Howard Termina l Project that reviews future actions by the City to be funded as a part of the actions descr ibed in this Resolution.
Furthermore, some of the actions approved herein also may be ex empt from environmental review under CEQA, or are not considered projects defined by CE QA Section 21065 and CEQA Guidelines Section 15378(b)(4) a nd (5) as fiscal activities and organizational activities that do not result in direct or indirect physical changes to the enviro nment. The City will conform to state and federal statutes, regulations, and procedures, as required by CEQA; and be it
FURTHER RESOLVED: That an original copy of agreements be kept on file with the City Clerk, once executed.
3 FURTHER RESOLVED: that the City Administrator, is authorized on behalf of the City of Oakland to execute and submit all documents, payment re quests, and related actions consistent with the authorizations set forth in this Resolution.
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