ALASKA

CALIFORNIA

NORTHWEST

FLORIDA

MID -PACIFIC

ROCKY MOUNTAIN

NORTHEAST

WASHINGTON, D.C.

NORTHERN ROCKIES
INTERNATI ONAL

October 26, 2015

VIA ELECTRONIC MAIL
Office of the City Clerk
City of Oakland
1 Frank Ogawa Plaza, Room 101
Oakland, CA 94612
Email: records@oaklandnet.com
RE:

Public Records Act Request Records Relating to Oakland Army Base

Redevelopment

Dear Public Records Clerk:

Pursuant to the California Public Records Act (Govt. Code 6250-6270) we submit this Public
Records Act request on behalf of Communities for a Better Environment, Sierra Club, San
Francisco Baykeeper, and the Asian Pacific Environmental Network (Requesters) seeking
documents related to the Oakland Army Base Redevelopment and not already available through
the City of Oaklands (City) website.1
Please note that the City and other agencies with oversight over the Oakland Army Base
Redevelopment also refer to the project as the Oakland Global Trade and Logistics Center,
the Gateway Development Area, the West Gateway Development, and the Oakland Bulk
and Oversized Terminal. We therefore ask that in responding to this request the City remain
attentive to the possibility that relevant documents could use these terms instead of the Oakland
Army Base Redevelopment. Due to recent changes in the scope of the redevelopment project,
we ask that the City produce responsive documents from 2002 to the present.
We seek the following specific categories of documents:
1. Applications submitted by private entities and/or state or federal governmental entities to
the City of Oakland, and related to the redevelopment of the Oakland Army Base;
2. All staff reports and related documents prepared by the City, with respect to compliance
with the substantive and procedural requirements of the California Environmental Quality

Documents relating to the Oakland Army Base Redevelopment are available at:
http://www2.oaklandnet.com/Government/o/CityAdministration/d/NeighborhoodInvestment/o/OaklandA
rmyBase/DOWD008820 and
http://www2.oaklandnet.com/Government/o/PBN/OurServices/Application/DOWD009157

50 CALIFORNIA STREET
SUITE 500
SAN FRANCISCO, CA 94111
T: 415.217.2000
F: 415.217.2040
E: caoffice@earthjustice.org
W: www.earthjustice.org

October 26, 2015

Page 2 of 3

Act (CEQA) for the Oakland Army Base Redevelopment, to the extent that they are not
available on the Citys website;
3. All staff reports and related documents prepared by the City and written testimony or
documents submitted by any person related to the Oakland Army Base Redevelopment,
including any documents relevant to any findings or statement of overriding
considerations adopted by the City;
4. Any transcript or minutes of the proceedings at which the City heard testimony on, or
considered any environmental document on, the Oakland Army Base Redevelopment,
and any transcript or minutes of proceedings before any advisory body to the City, and
presented to the City relating to the Oakland Army Base Redevelopment;
5. All notices issued by the City to comply with CEQA and any other law, relating to the
Oakland Army Base Redevelopment;
6. All written comments received in response to, or in connection with, environmental
documents prepared for the Oakland Army Base Redevelopment, including any
responses to any notice of preparation;
7. All written evidence or correspondence submitted to, or transferred from, the City with
respect to compliance with CEQA for the Oakland Army Base Redevelopment;
8. Any proposed decisions or findings submitted to the decisionmaking body of the City by
its staff, or the Army Base Redevelopment proponents, opponents, or other persons;
9. To the extent not available online through the Citys website, the documentation of the
Citys decisions regarding the Oakland Army Base Redevelopment, including the final
environmental impact report, and any documents citied or relied on in the findings and/or
statement of overriding considerations;
10. Any other written materials relevant to the Citys compliance with CEQA or to its
decision on the Oakland Army Base Redevelopment, including the initial study, any
drafts of any environmental document, or portions thereof, that have been released for
public review, and copies of studies or other documents relied upon in any environmental
document prepared for the Oakland Army Base Redevelopment and either made
available to the public during the public review period or included in the respondent
public agencys files on the project, and all internal City communications, including staff
notes and memoranda related to the project or to compliance with CEQA.

October 26, 2015

Page 3 of 3

This request is made pursuant to the Public Records Act. (Gov. Code 6250, et seq.) It is also
made pursuant to Article I, section 3(b) of the California Constitution, which provides a
Constitutional right of access to information concerning the conduct of government. Article I,
section 3(b) provides that any statutory right to information shall be broadly construed to provide
the greatest access to government information and further requires that any statute that limits the
right of access to information shall be narrowly construed. None of the requested documents,
including any drafts, notes, or internal memoranda, are exempt from disclosure. (See Citizens for
a Better Environment v. Dept. of Food and Agriculture (1985) 171 Cal.App.3d 704, 711-712).
We respectfully request a fee waiver in connection with this request. Requesters are public
interest, non-profit organizations that work to protect the rights of all people to a healthy
environment and to uphold the laws of the State of California. A fee waiver is consistent with
the letter and spirit of the Public Records Act. Should the City decline to grant a fee waiver, case
law limits the amount agencies may recover to the direct cost of duplication. (North County
Parents Organization v. Dept. of Education (1993) 23 Cal.App.4th 144, 148.)
We look forward to your response within 10 days of receipt of this request, as provided by Gov.
Code 6253(c). We are interested in collaborating with the City, in order to make the process as
efficient as possible for all parties, and are happy to arrange a time to discuss the matter in
greater detail.
Sincerely,

Irene Gutierrez
Attorney, Earthjustice