You may be wondering where I went since the EIR came out. Well, I buried myself in reading it for 2 weeks. I became increasingly disappointed in how so many of the mitigations and measures were being put off until later dates, to be instituted by other agencies. Then I woke up on New Year’s Day and realized that whatever I say about it, my words would not convince people unwilling to read them. So I stayed quiet and watched football instead. It’s very American.
Remember how in October, I wrote that we were reaching the end of non-binding season regarding Howard Terminal? I hate to inform you that end was delayed. Tonight, Oakland’s Planning Commission voted 6-0 to recommend certification of the Howard Terminal Final EIR. Chair Clark Manus reminded everyone early on that the vote wasn’t to certify the document as that could only be done by the City Council. That vote could happen as early as a month from now. Beyond the mealy-mouthed statements about how there are still many questions remaining and the hopeful speculation by the Commission and the clearly outnumbered project supporters during the hearing, what did we really get? I’ll tell you.
It was practice.
Throughout the four-hour session, the commission was peppered with commenters pleading to table the recommendation until further study could be done. The commission’s counter-argument was that the Draft EIR and Final EIR were done and complete, which should be enough for the limited CEQA scope of the commission. Of course, there were plenty of arguments from the assembled commenters that the EIRs were, in fact, not complete. The decision was made around 7 PM rather swiftly, which made me think it was a fait accompli. There was a little aside at the end, however:
Again, the commission approved a recommendation. The details – deals, covenants, agreements, litigation – are all off in the future. Perhaps they won’t actually happen until the EIR is certified and then the power of AB 734 kicks in. Once that happens, all of the aggrieved parties can file their lawsuits and get their pound of flesh from the project. You think CEQA is ugly, wait until various public and private entities line up to get whatever limited funds John Fisher decides is worth the cost of Howard Terminal. For years I hoped that the A’s would truly try to get ahead of the coming storm and work out mutually beneficial deals for the various ethnic and community groups, let alone the small and large commercial entities that work at the Port. I was so naive.
But I don’t think it’ll get that far. You see, I don’t expect these unresolved issues to magically resolve themselves in the next month. Or two-three months, or even nine months as the law limits negotiations. Instead, what will probably happen is what always happens in California when a government has a problem that is too massive and difficult to solve: they’ll put it to a referendum. The pressure from the lobbying groups and citizens will ratchet up, and the Council will do it to relieve some of that pressure.
Do you honestly expect anything different?
P.S. – For all the complaints about CEQA, it’s funny to hear the refrain from the commission members that they were bound by CEQA. CEQA allowed this project to be so tightly restricted in scope that in a way it’s above reproach. Complain about that!