Another Prop Has Occupied My Time

Is everyone clutching their pearls tightly?

Oakland’s City Council has a non-binding vote scheduled for July 20 on the Howard Terminal project. If the majority of the council votes Yes, the project continues, including the tangled negotiations for community benefits, transportation, and mitigation for the Port stakeholders. HT proponents, who are mostly a ragtag bunch of volunteers at this point, are pushing the pro message.

But what happens if Howard Terminal gets voted down?

That’s a subject that hasn’t been broached much by local or national media. Honestly, who wants to spend much time gazing beyond the edge of a cliff? Given A’s ownership’s recent Vegas trip, Sin City would appear the be in the lead as a candidate for relocation. A’s President Dave Kaval even nixed a planned trip to Portland, desiring to explore Vegas further.

So Vegas is the ace in hand, while Portland is the ace in the hole. Except they’re not. They’re both bluffs at this point. Kaval’s trip to Vegas was exploratory in nature, with no definitive sites or organized funding instruments at hand. Kaval tweeted from a Golden Knights playoff game, which created blowback from fans. There were meetings with Las Vegas Mayor Carolyn Goodman, representatives from Henderson (where the Raiders training facility is located), and Summerlin (where the A’s AAA affiliate Aviators play). The three options provided are far from ideal. Let’s break them down.

Mayor Goodman wants to redevelop the old Cashman Field/Cashman Center complex to include a domed stadium just as her husband did. As the site is within city limits and not in unincorporated Clark County like the Strip, that makes sense. However, going north past Downtown (Old Las Vegas), past a freeway, and to the Cashman site, is its own cliff in a sense. I visited Cashman a few years ago, before the stadium was converted for soccer use, and well, it’s the same dump the A’s played in 25 years ago while the Coliseum was refurbished for the Raiders, except that it has aged. The concept for now is to level both the ballpark and the small convention space next door and build a domed stadium on the spot. Kaval weighed in with the Las Vegas Review Journal on the subject, including one foul tasting nugget:

Domed stadium? Say it ain’t so, Dave.

Henderson doesn’t have a specific site to offer up to the A’s yet. Summerlin’s plan would presumably be to build the dome over the curiously named Las Vegas Ballpark. Both Henderson and Summerlin are 10 miles from the Strip, in nicer neighborhoods than Cashman. As I considered the options, the A’s and MLB’s likely strategy became clearer to me. It all comes down to Vegas’s previous successes with the NHL (Golden Knights) and NHL (Raiders). Though we haven’t heard about it, I wouldn’t be surprised to see the recently vacated Sam Boyd Stadium enter the picture. It’s also 10 miles away (east) of the Strip.

If MLB considers Vegas a small market from a population and TV audience size perspective, any relocation or expansion-to-Vegas strategy will have to include a plan to capture as many tourist fans as possible. In the past that was somewhat controversial for the potential competition between pro sports and other forms of entertainment, but now, it’s all fair game and can be somewhat synergistic depending on whatever events are happening during baseball season. That makes the location of the ballpark key, as a 30-minute ride away from the Strip is not conducive to capturing much of that tourist base.

Last year, Caesars put the off-Strip Rio Hotel and Casino up for sale. There were rumors that the site would make a good landing spot for a MLB team, with space for a domed stadium and a mega-development. Alas, a real estate firm gobbled up the property and is rebranding it a Hyatt Regency among other things. Given how the stakes for teams were raised by Commissioner Rob Manfred recently, it’s worth asking whether The Strip or an off-Strip site is the only location in Southern Nevada that makes sense. If we’re going by the standard of placing a ballpark in the middle of a downtown or central business district, Henderson and Summerlin don’t make the cut the same way Fremont or anywhere on the I-680 corridor wouldn’t work in the East Bay. Never mind that the ballparks for the Braves and Rangers violate the “downtown” standard.

Beyond Las Vegas’s stalking horse status, let’s consider next steps. For Vegas to work for three-quarters of baseball owners to approve a move, there needs to be a clear economic advantage in moving a team there. Southern Nevada had the benefit of a Stanley Cup Finals-bound team in its inaugural year, truly an enviable feat. There’s plenty of earned goodwill to keep attendance strong there for years to come, plus the Golden Knights get the spoils of being the pioneer in the market. Despite the pandemic-marred 2020 regular season, Raiders attendance should be strong thanks to its large migratory fanbase. MLB is different in that so much of a team’s revenue is generated locally from ticket/suite sales and local television rights.

Sportico reports that the A’s pulled in $220 million in revenue for the 2019 season, the last full regular season on record. 2019 also happened to be the last year the A’s received a revenue sharing receipt (25% share), which showed when the team stripped costs to the bone in 2020 by laying off front office employees, minor leaguers, even scouts. The teams in the middle of the revenue pack, Minnesota and Milwaukee, had figures of $289 million and $286 million in 2019. That makes the gulf between the A’s and other small market teams that opened new ballparks recently around $70 million, inclusive of all media and sponsorship deals but without revenue sharing thanks to the A’s big market status. If the A’s move to a smaller market, they will immediately become a revenue sharing recipient simply because they won’t be able to compete with the big markets. Despite the top-heavy big-market focus of MLB franchises, baseball realizes that it needs all 30 teams to compete at least once in a while. If Tampa Bay moves to Montreal or a Southern city there won’t be a revenue sharing change.

The A’s remain a unique case because of its place as the economically inferior team in a two-team market. The traditional markets, New York, Chicago, and Los Angeles, don’t have strange revenue carveouts or oddly gerrymandered territories. The A’s are a sort of enclave (think Piedmont or Newark) within Northern California, which is dominated by the Giants. The O’s and Nats’ relationship is defined mostly by the O’s owning the sports network that broadcasts both teams.

Howard Terminal or Bust” is effectively the admission that the A’s can no longer function as a big market team under the current operating situation. They must move to a newer (albeit not bigger) stadium where they can maximize revenue. The A’s are only starting to rebuild their radio presence after a controversial online effort. The A’s TV revenue is in the middle of the pack among MLB teams, which is fine for now and helps to stabilize the franchise. Altogether, the A’s exploration of other markets is ostensibly the search for a replacement level market. If the A’s can get that extra $70 million annually through Howard Terminal, the team can stay in the East Bay. If they can’t get that $70 million, they might as well find out if that money can come elsewhere. Personally, I think they’re going to find out that’s a much tougher task than it seems. Local TV revenue is transforming thanks to streaming threatening to make many RSNs obsolete. Radio is a wounded animal, a necessary annoyance. Ballparks are getting smaller while trying to cater a more exclusive clientele. If the A’s and Oakland are going to prove they can hang with the big boys, Howard Terminal is the way to do it.

That’s what they want you to believe, anyway. I’ll have more to say on that later.

P.S. – Henderson, NV, was in MLB’s sights two years ago, when the Arizona Diamondbacks used a trip to Henderson to help pressure Maricopa County to help fund improvements to Chase Field. A ticket tax was approved earlier this month, though the team is being coy about whether they’ll use it. Henderson played its role well that time.

P.P.S. – The City of Oakland is urging the Alameda County Board of Supervisors to fork over a matching share of funds from the EIFDs (Enhanced Infrastructure Financing Districts) proposed for the Howard Terminal project. One of the EIFDs is for the 55-acres of Howard Terminal. The other is for a large swath of Jack London Square and the surrounding neighborhood, which got me thinking:

I thought Alameda County wanted out of the pro sports business?

Brodie Brazil captured how I’ve felt this month

Just watch Brodie Brazil from NBC Sports California, dissecting the A’s relocation drama point by point, including some historical references. It’s excellent.

I’ll have more to say later today or tomorrow.

Three Oakland City Council Members Respond to A’s Demands

UPDATE 4:40 PM – A synopsis

UPDATE 3:30 PM: The squeaky wheel always gets the grease. Council vote on 7/20.

I’ll preface the following (from KRON) by pointing out that the three signatories to the letter are the most ardent skeptics of Howard Terminal. Read what you will into the letter.

The questions are fair. It reminds me of two bits of fairly recent A’s history.

..and…

In 2015 the City of Oakland released a Coliseum Area Specific Plan. Amazingly, it had real estimates for various types of required infrastructure. Imagine what could happen if the A’s let Howard Terminal goes through a full, proper planning process instead of rushing it.

There’s a lot of additional City-owned land to throw into the pot if they want to sweeten a Howard Terminal deal or nudge the team back to the Coliseum

Ongoing talks over whether the City will sell its half of the Coliseum complex to the A’s are scheduled for May 20. I had a response to that as well:

Now That’s A Statement

From Carroll Fife, Oakland District 3 (West Oakland including Howard Terminal) Council Member:

On the eve of the EIR comment period deadline, that’s a doozy. The thread is worth following to get a taste of the constituencies at work.

In addition at Oaklandside, Dan Moore mostly succeeds at summing up the coming battle for the future of Oakland through the lens of the Howard Terminal project. It’s a worthwhile read.

Carry on.

The Adult Conversation: Oakland Planning Commission 4/21 Edition

I have thoughts.

So did Ron Leuty of the SF Business Times.

After the A’s played a doubleheader on Tuesday, some of us had our own doubleheader on Wednesday with the getaway day game leading into Oakland’s Planning Commission hearing, in which Howard Terminal was the key agenda item.

The comment period was initially supposed to last 45 days after the release on the Draft EIR in February, but community groups lobbied for deadline to be extended twice. The deadline is now Tuesday, April 27, at 4 PM. Get your comments in now while you can.

Howard Terminal Draft EIR Comment Deadline: 4/27/2021 at 4 PM

I watched the hearing on Zoom as the ballgame extended into extra innings.

Mostly, I wanted to get the temperature of the public as commenters chimed in. Naturally, hearings like this tend to have a certain bias towards people with grievances, that’s the nature of the game. However, I was surprised at how few supporters for the project were present. To be fair, supporters are at a distinct disadvantage in forums like this. They aren’t armed with all of the plans the developers and city are working on. Because of that, a lot of what they can offer is hope and platitudes. As an A’s fan you know how well hope works as a strategy. Then again, sometimes it does.

I tweeted out some observations from the open comment period. I did not get all of the commenters’ names. Otherwise, enjoy.

(I may have transcribed that wrong, “bike shop” may have been “bus stop”)

On the last point, I’m not clear on whether the Draft EIR can be recirculated. Perhaps it’s possible if the City feels enough pressure. Apparently the comment deadline won’t be extended further. Will there be yet another legal challenge?

The grade separation problem won’t be solved by placing a single pedestrian bridge at Clay Street and fences along The Embarcadero. The whole area is geared towards dispersing fans from numerous exits onto different streets heading north and east. Vehicular traffic remains an unresolved issue.

All told, there were five comments in support of the project, dozens more against. After a while I stopped logging them until I heard something unique in the arguments. The comments ran the gamut, touching on transportation worries, affordable housing concerns, even general planning. If the A’s want to garner better public support in forums like this, they have to do better than to merely trot out the usual suspects with the regular #BiggerThanBaseball talking points. The opponents have their talking points as well. For the supporters it’s akin to taking a knife to a gunfight.

I’ll do a quick ranking of topics based on what I heard in terms of perceived importance:

  1. Rail safety, specifically grade separation
  2. Affordable housing
  3. Need to recirculate EIR or extend comment period
  4. Support of the project as long as the issues can be worked out
  5. Distrust of the DTSC and property owners/developers
  6. Port businesses pulling out of Oakland entirely if a ballpark is built at HT

After the open comment period ended, the individual commissioners spoke. Clark Manus, who is Vice-Chair and an architect, ended the proceeding with a telling note:

As I mentioned in March, Transportation is the most important chapter. If they can’t crack that nut, there’s no deal. It’s that simple. As there’s an active rail line right outside Howard Terminal, it’s not realistic to expect major changes to the rails itself, whether you’re talking about running them in a cut (submerged) or on a viaduct (elevated). If the trains run in the street, the area becomes ripe for dangerous pedestrian/train interactions.

Howard Terminal supporters, if you want this thing to happen you’re gonna have to do more than be dismissive of the critics or attack them for being plants or astroturfers. They’re coming strong with their arguments. You need to have a response. The project is in search of real practical solutions. That’s the hard truth.

Eye Candy: New Howard Terminal Renderings

The Transportation-oriented post will come later this week. I assure you, you won’t be disappointed (by the post, at least).

For now, I’m afraid we have to feed the beast. You see friends, when a team releases renderings or the rare instances when a city releases an EIR, there’s always a surge of new info. Included in that dump are always new renderings. So let’s take a quick look at these and see what’s changed.

The first look is the one that’s probably getting the most attention. Unlike the previous renderings, the two-sided centerfield scoreboard is now gone, placed under the roof in the left field corner and apparently expanded. The roof slopes down from both left (long) and right (short) to a plaza in right field, which should allow for the installation of a normal batter’s eye instead of the “garage door” vision in center. Most of the other stadium details are the same. The transformation effectively takes the roof deck and rotates it 30 degrees clockwise while the second and field levels remain intact. As this is 40-55 acres we’re talking about, the park dimensions should remain fairly normal and shouldn’t be hemmed in by lot constraints. The club/press box area behind the plate stays where it is, creating an asymmetry when viewed from inside the bowl.

New view from the opening in right (not center) field

I imagine that some of the feedback was from fans who didn’t want to be sequestered in the upper deck if they had a low-cost ticket or pass. Moving the plaza to right field provides a new viewing area with a mild amount of terracing made necessary by dealing with sea level rise. It’s a good compromise, though the idea of a bustling area running from centerfield to Jack London Square is no longer a given thanks to the modified fan traffic flow. Naturally, there aren’t many seats in right field anymore. It’s unclear where the RF bleacher crew would be relocated. Keep in mind that this ballpark will have 15-20,000 fewer seats than the Coliseum, so relocations are inevitable.

Overhead view gives a better look at the scoreboard

I can’t tell what those smaller disc-shaped things are on the roof deck. Concession stands? Cabanas?

While RF is reduced, LF is expanded. Will lower LF be a premium section as seen in most new ballparks? Or a traditional general admission bleacher-type section? Perhaps RF is the bone thrown to the cheap seat fans: Yes, you can sit or stand here with your flags, but you will be further away from the action. Cost of doing business, sorry.

There’s still a bunch of high-rise buildings behind (to the west) of the stadium. The A’s remain committed to creating a buffer between that residential/commercial district and Schnitzer Steel, which recently went through its own drama. I still think of a hypothetical sales pitch in one of the high rises:

SALES GUY: So you’d like to check out one of our units?

PROSPECTIVE BUYER/TENANT: Yes, one with a view of the ballpark.

SG: Oh, sorry, those were all reserved in the first phase. Would you like to look at a unit on the other side facing west? It has great views of Alameda and San Francisco

PB/T: Doesn’t that face the scrap metal recycling facility?

SG: It sure does. Just pick a unit high up and don’t look down from the balcony. But if you do, there’s a nice grove of trees to act as a buffer.

PB/T: A buffer from what?

SG: Oh, nothing.

PB/T: Where do I sign?

Lush roof deck conceived by James Corner Field Operations

Do you know of luxury housing that’s a deep fly ball away from a recycling plant? Because I would love to know about it.

There’s more to discuss in the coming days. Besides transportation, I’ll cover the façade, the theater component, and site cleanup.

Until then, watch Brodie Brazil’s “tour” of the renderings.

Judge’s ruling provides glimmer of hope for Howard Terminal

Yesterday, the Merc’s A’s beat scribe Shayna Rubin reported on some important legal news: Judge Noel Wise of Alameda County Superior Court threw out the case levied by a coalition of shipping and trucking interests and Schnitzer Steel against the Howard Terminal project. Judge Wise opined:

“…It would be a perverse outcome if the Howard Terminal Project could not advance pursuant to a valid and operable statute because that statute includes a reference to the potential application of the guidelines for another statute that is no longer in effect.”

The judge hinted she might rule in this direction towards last month, and the ruling follows suit. Judge Wise effectively said that because Howard Terminal was passed under the auspices of AB 734, it was not subject to the deadline specified by AB 900, which expired at the end of 2019. Not meeting the deadline was the crux of the lawsuit.

So, full steam ahead, then? Not so fast.

The first step will be the release of the oft-delayed and long overdue EIR Draft, hopefully in the next few weeks. The point of AB 734 was to allow for fast tracking of the CEQA process, allowing approved projects to settle legal challenges in no more than 270 days. That period would be concurrent with the actual EIR approval process, which legally should take 45-60 days but in large project reality never does. Both the A’s and opponents are getting ready to file responses to the Draft, which will be long and likely tedious, albeit necessary.

A’s President Dave Kaval admitted that the A’s timeline for the project has slipped:

“How far it slipped, I can’t answer that. I don’t know yet. It depends on if the city can even get this to a vote this year. It depends on the other priorities the city council might have.”

It also depends on how the numbers work out for the A’s. The pandemic took the wind out of the economy in multiple ways. There’s a lot of uncertainty moving forward about how the commercial real estate aspects of the Howard Terminal plan pencil out. Who’s not hurting? The shipping industry, which has been going gangbusters since the pandemic unleashed this perverse economic transformation.

If their interest is in the status quo, it’s in the best interest of the shipping industry to use that entire 270 days. It’s my sincere hope that they don’t. I would rather all the parties hash out a working agreement like all businesses, government, and community groups can and do. Can the Port of Oakland force the opponents to the table? Or will the opponents continue to lawyer up and let the chips fall where they may?

Not to be lost in this is a $4.1 million settlement worked out last week by California’s DTSC (Department of Toxic Substances Control) and Schnitzer Steel. Schnitzer has been the proxy for the shipping interests all this time, though it was caught up in its own legal wrangling over the numerous fires that spewed toxic black smoke around West and Downtown Oakland. The settlement has a few knock-on effects. Does the settlement and the prescribed remedies help or shield Schnitzer in the A’s lawsuit against the DTSC? That might be for yet another court to decide. Do the A’s try to partner with Schnitzer to enhance the remedies? To me that would seem like the best case scenario, though it would also require an acknowledgment that both can co-exist as neighbors.

The A’s filed their initial development application for Howard Terminal in November 2018, after six months of lobbying and legislation paved the way for it. Kaval is right in that the City Council shouldn’t be expected to vote on this project in 2021 with far more pressing issues on the table. It would be nice to see, however.

New timeline (8/1)
A revision is in order

Unlike early 2019, when there was an all-out PR and media assault to sell the project, there won’t be quite the same effort in early 2021. Any momentum for Howard Terminal has to be built up again over time with a more clear-eyed vision (and less confusion over the details). I know Kaval has the stomach for that battle.

Does John Fisher? 🧐

P.S. – In an addendum to Rubin’s original story, the port interests are – guess what? – lawyering up. See you in Appellate Court.

P.P.S. – Kaval celebrates Governor Newsom’s certification of the project streamlining, which is not the same as certifying the full EIR (that comes later).

Pandemic Spring, Take Two

UPDATE 2/15: Spring Training tickets go on sale February 18.

At the last sporting event I attended on March 10, 2020, I took the following picture:

Gabriel Cancel remains a Royals prospect despite not playing in 2020

It felt eerily ominous at the time. There were few if any masks in the crowd. People were mostly milling around casually like it was a normal Cactus League game. I kept moving around the stadium and stayed away from mass gatherings for the most part. Still, it felt like the plague was looming in the distance.

Sure enough, two days later, the NHL, NBA and MLB suspended operations. That canceled spring training for baseball and left uncertainty around basketball and hockey, whose regular seasons were near their respective ends. Though I felt it coming and I mentally braced for the impact, the news was no less shocking. The waiting was, well, you know.

Summer came, the big pro sports leagues started their truncated seasons, and ended them largely without fans. By the time the first 2021 spring games are played on February 27, the United States will probably surpass 500,000 COVID-19 deaths.

Last week, being what someone called an ARAF (Arizona Resident Athletics Fan), I decided to drop by Fitch Park and Hohokam Stadium to see what was going on in preparation for Cactus League. The D-backs and Rockies chose to jump the gun, announcing presages of tickets at the beginning of the month before Maricopa County temporarily put the kibosh on that. MLB is trying to experiment with having partial crowds, up to 25% of normal capacity (Spring Training ballparks typically have a 10,000-seat capacity). MLB even tried an 11th-hour deal of postponing the start of the spring in exchange for a slightly shorter regular season and expanded postseason. That fell on its face, so here we are with the season as scheduled, fingers crossed everywhere.

The last couple of years I parked near the Mesa Convention Center, where I could easily park and charge my tiny electric vehicle while watching a game/batting practice at Hohokam or Fitch. The entire parking lot where I normally would park was transformed into a large free COVID testing site run by ASU. I imagine it will become a vaccination site when supplies are ready.

Sign outside Mesa Convention Center, down the street from Hohokam Stadium/Fitch Park
ASU-run COVID testing site at Mesa Convention Center parking lot

Last March I was worried about the remainder of 2020. Still, I was happy that I got to watch some baseball during the spring. Fans didn’t get to watch any games at the Coliseum last year, but I got a taste and given everything we experienced in 2020, that was enough. If the A’s offer a Spring Pass again as they did last year, I might buy in even if I may not attend many (or any) games. Heaven knows the team could use every bit of revenue it can get.

As for actually going to the games or practices, I’m still uncertain. I expect Fitch to have very limited or no access to fans. I felt like a kid walking along the corridors at Fitch last week, no one else around except the City of Mesa groundskeepers. I exchanged greetings with one as he drove by on a riding mower. Hohokam may go with the trend of 25% capacity, masked and spaced out as we saw with football games towards the end of the NFL season. The situation remains fluid, so there’s a chance they won’t allow fans at all per city ordinance. Scottsdale has been far more loose with the regulations than the other Cactus League cities, who have generally followed Maricopa County guidelines, though Scottsdale’s cavalier attitude is changing with a new mayor and city council in office. And yes, I still drive around Old Town Scottsdale daily and see uncovered faces everywhere.

On a related note, the A’s old spring home Phoenix Municipal Stadium is a vaccine site.

In any event, pitchers and catchers report in a week. Position players a week after that. Many of them are already here. I might see an A’s spring game or two at the end of February or early March. I may wait until the regular season starts and the A’s drop by Chase Field to play the D-backs on April 12-13. Or I might wait until I get vaccinated, which would be the safest route. I have a doctor’s appointment in late March which should guide me. Maricopa County’s vaccination schedule looks like this:

Maricopa County’s current vaccination phasing program. I’m probably in Phase 2, maybe in 1C.

Maybe I’ll watch games from the beyond the left field fence if it’s allowed. Who needs an actual seat anyway?

Hohokam Stadium in 2014

The more I think about it, I can’t imagine a better way to spend part of an afternoon. With no one in spitting distance, of course.

A’s sue California DTSC over Schnitzer Steel

Quick version:

Need more? Okay.

The A’s filed a lawsuit against the State of California, claiming that the State didn’t enforce 2018 environmental regulations meant to keep metal recycling facilities like Schnitzer Steel from accidentally starting fires. A website, SchnitzerWatch.org, was set up by the A’s, along with a change.org petition which has around 1,200 signees as of 8/5 @ 10 PM. The petition also has a number of donations, which is good for the A’s legal fees supporting this effort. Considering that they already list two law firms and may have more on retainer, they’ll be making withdrawals quite frequently.

Additionally on my tweet, is a reference the March lawsuit brought by coalition of Port companiesalso against the State, over Howard Terminal. That lawsuit was about the CEQA streamlining the A’s were seeking, and whether the A’s got certification by January 1, 2020 (they didn’t).

If you’re keeping score, both the A’s and Port interests are not suing each other, but rather the State of California (DTSC and SLC, respectively) over those agencies’ treatment of the offending parties (Schnitzer and A’s, respectively). So in both cases, the complainants are snitching. This doesn’t mean these lawsuits automatically cancel each other out. There may be a way to come to an agreement, but considering how both sides have had six years and nothing’s happened yet, I wouldn’t hold my breath. It’s much more likely that both will go to court in separate cases, whenever it’s safe to add those cases to the dockets and hear them. It’s also worth nothing that the A’s only role in the area is as a lessee of office space at Jack London Square. They don’t own any property yet, unlike Schnitzer.

On Sunday night, I wrote about the timeline slippage for Howard Terminal the A’s published over the weekend. Fast forward to Wednesday, the A’s file the lawsuit, and President Dave Kaval makes the media rounds.

Deeper in Kaval’s tweet thread is an interesting nugget:

Caught up in all the talk about helping West Oakland, Kaval says, “We’ll fight this fight regardless of what happens with the ballpark.”

And right there, the A’s created an escape hatch for themselves. If this fight becomes too difficult, they could abandon Howard Terminal, retreat back to the Coliseum (which they may entirely own in a few months), and pledge to clean up Schnitzer for the sake of West Oakland. Maybe those change.org donations will go towards an environmental fund, who knows?

On the other hand, let’s posit that the A’s take this all the way in court. What are the A’s asking for?

When Schnitzer accepts old cars or appliances to scrap, those hunks of metal are often contaminated. Those contaminants (oil, chemicals, rubber) aren’t easily cleaned away, and some may turn into lighter fluid for scrap metal fires. From skimming both the complaint summary and DTSC’s explainer of the metal shredding process, there aren’t many good alternatives. And if you look at the news, it’s a pretty widespread problem, one not yet solved with technology. A similar metal recycling facility in Chicago was closed in May after a series of fires, controversially reopening yesterday. For the benefit of West Oakland residents, it would be best to copy the operating model of another facility that functions without causing fires. A City of Chicago document outlines one method of storing the scrap indoors in a fireproof enclosure, which sounds like a good idea for Howard Terminal (Note 8/6 11:30 AM: At least one West Oakland activist agrees). Is anyone proposing that? Would that be enough? I’m as much an environmental expert as I am a lawyer, so I can’t speak with any more clarity on the efficacy of that method.

Schnitzer Steel can’t keep skating beyond well-expired deadlines. Neither can the A’s with theirs. In both cases, companies are going to have to make significant investments to prove their worthiness. If they don’t, they’re not doing West Oakland or the entire City of Oakland any good. All this posturing we’re hearing from both sides is just a way to delay making those investments.

Finally, there’s an unusual footnote to this whole affair. Today’s lawsuit by the A’s was brought by the law firm Keker Van Nest & Peters. March’s lawsuit filed by PMSA/Schnitzer was brought by Pillsbury. You may remember that both firms helped the Giants fight off the City of San Jose’s territorial rights challenge. Now they’re effectively on opposite sides: Pillsbury reps the Port interests while Keker is working for the A’s. Even in these pandemic times, life is good when you’re on a retainer.

Spiderman pointing meme

Added at sierraspartan’s suggestion

P.S. – Almost forgot, the Schnitzer Watch site has no A’s branding on it, even though the A’s filed the lawsuit. Why? Who knows?

Pushback causes Howard Terminal to get pushed back

Saturday morning is not normally I time to check sites for updates. However, it was August 1, so there was a small chance of seeing something new. If you checked the A’s We Are Rooted site for Howard Terminal over the past several months, you were greeted with this graphic:

Old timeline

By June, it was becoming embarrassingly obvious that this graphic would need to be updated. So I sent out a tweet asking Dave Kaval for it. Ask and ye shall receive, as they say:

New timeline (8/1)

The differences? First of all, there’s no groundbreaking date in 2021 or 2023 Opening Day. In fact, neither is promised at all. What we’re left with are dual Oakland City Council and Port of Oakland votes a year from now, which at this point looks and sounds like a rapidly deflating balloon.

Second, the Draft EIR period is being undersold, as usual. That’s the period when opponents normally launch lawsuits against projects. The problem now is two-fold. While the A’s spent a lot of time and lobbying money trying to line up bills to streamline Howard Terminal through the CEQA process, the project is currently stuck in legal limbo while the state tries to figure out if the A’s successfully applied by the end-of-2019 deadline. It’s bad enough that there’s a protracted battle over the streamlining issue, where the A’s consultants keep submitting addenda to support the project while opponents file letters claiming that the project isn’t eligible.

Excerpt

Excerpt from Port companies letter against project (highlight mine)

Here’s the thing. I didn’t even want to write this post. When the sh*t hit the fan in March, I felt it would be best to let the dust settle and resume coverage when the EIR is released. Reasonable plan, right? Well, you know what they say about best-laid plans. Kaval says the EIR should be published by September. Which sounds okay, except that’s already a year delay from what was promised previously. At this point, we don’t really know when the document will be released. If past is prologue, I have to put the likelihood that we’ll see the draft version at 50/50.

Sadly, that’s all too typical of A’s ballpark projects since I started this blog 15 years ago. The EIR process, which for most people sounds like a tediously boring bureaucratic step, became a crucial gating mechanism for the viability of big projects. Last week, I tried to recall all of the sites beyond the Coliseum that the A’s have studied so far.

  1. Coliseum North (2006, no draft or final EIR)
  2. Pacific Commons (2008, no draft or final EIR)
  3. Warm Springs (2009, no draft or final EIR)
  4. San Jose (2010, EIR certified by City – who also was applicant)
  5. Laney/Peralta (2017, no draft or final EIR)
  6. Howard Terminal (2018, waiting for draft)

It doesn’t end with the draft, though. Publishing the draft kicks off the review and comment process, which opponents are already throwing a wrench into with their pre-emptive lawsuit. The 45-day comment period is a minimum guideline and tends to get drawn out as comments pile up and staff has to write responses or even make major or wholesale changes to the project.

This is why I cautioned so many readers and A’s fans against jumping on the HT bandwagon too eagerly. It, like most of the other past initiatives, is rife with conflict and litigious opponents. For now, I’ll continue to stay the course, hoping that the draft EIR is released and we’ll have something cool to talk about. Perhaps I’m asking too much. I’ll end with my favorite John Wooden quote:

Never mistake activity for achievement.

P.S. – When I first referred to the changed timelines yesterday, I got the usual blowback from HT fans who for some reason cannot comprehend why I’m not on the bandwagon. If those people can’t understand why from reading the post above, I can’t help them. Sorry, folks. Hope is not a strategy.