Title
Recommendation to Review and Comment on the Port of Oakland’s Draft Environmental Impact Report for the Oakland Harbor Turning Basin Widening Project and on City Staff’s Draft Response Letter. (Planning, Building and Transportation 20962700)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
On October 3, 2023, the Port of Oakland (Port) released a public review draft of the Environmental Impact Report (EIR) for its Oakland Harbor Turning Basin Widening Project. The City and members of the public have an opportunity to comment on the Draft EIR by December 18, 2023. The proposed project seeks to widen the existing Inner Harbor Turning Basin to accommodate modern cargo ships maneuvering at the Port of Oakland, and the project requires removing landside property along the Alameda shoreline at Alameda Landing to widen the turning basin. Staff prepared the attached letter identifying areas of deficiencies in the EIR analysis. The letter also states that the project is subject to Alameda City Council review and approval because the modifications to the Alameda shoreline and landside property will require City of Alameda (City) land use entitlements and building permits. At this time, City staff requests City Council to provide input on the draft letter commenting on the adequacy of the EIR (Exhibit 1).
BACKGROUND
The Port is one of the major seaports on the West Coast. According to Port documents, it is the only deep draft container port in Northern California, servicing more than 99 percent of the containerized goods that come to the Bay Area. In 2001, the Port created the Inner Harbor Turning Basin to allow cargo ships up to 1,150 feet in length to turnaround and exit. That project required removing and dredging land on the Alameda shoreline at Alameda Landing to create the turning basin.
Cargo ships have grown in length over time. The Port, in partnership with the U.S. Army Corps of Engineers (USACE), is proposing to widen the turning basin by approximately 330 feet to accommodate turning ships up to 1,300 feet long. The proposed Oakland Harbor Turning Basin Widening Project would require removal of portions of existing warehouses at Alameda Landing, including existing wharf, piles, land, and bulkhead that exists within the project area.
On October 3, 2023, the Port released a public review draft of the EIR. The Port is the lead agency responsible for preparing the environmental impact analysis of its proposed project under the California Environmental Quality Act (CEQA). The Draft EIR is available online here: <https://www.oaklandseaport.com/turningbasins/>
DISCUSSION
As a “Responsible Agency” under CEQA, the City is not the lead agency on this project but rather it has approval authority over the project as described below. Therefore, the purpose of the City’s EIR comment letter is to convey its comments on the adequacy of the environmental analysis to support the City’s future decision-making on the project as well as raise key issues affecting Alameda. The letter does not state the City’s position on the proposed project, because the decision on the project will occur if, and when, the Port of Oakland and USACE file an application for City approval.
The staff cover letter (Exhibit 1) will be supported by technical appendices prepared by outside experts working for the City. The technical appendices include a letter addressing the adequacies of the EIR, a report on the geotechnical impacts of the project, and comments on the project Mitigation Monitoring and Reporting Program. Staff is working diligently with the consultants on these technical appendices which will be attached to the cover letter submitted to the Port by December 18, 2023. The cover letter raises the following key issues:
1. Proposed Project Is Subject to City Council Approval
The proposed turning basin widening occurs in a part of Alameda that is part of the Alameda Landing Master Plan. Modifying the shoreline to widen the turning basin requires a Master Plan Amendment, amendment(s) to related Alameda Landing Final Development Plan(s), and Design Review for the physical modification to the existing warehouse buildings. The project may also require amending the existing Alameda Landing Disposition and Development Agreement (DDA) to the extent the project conflicts with provisions contained within the DDA. These land use entitlements are discretionary actions subject to Planning Board review and City Council approval. In addition, Alameda Municipal Code (AMC) Section 13-49 provides that the City Council must approve a permit for any filling or dredging of land in the City.
2. City Demands the Project Address Shoreline Stability
The USACE prepared a study in 1999 that revealed shoreline instability along Alameda’s northern shore along Alameda Point. That study was prepared for the dredging of the Inner Harbor that would occur later. In 2014, as part of the geotechnical studies performed by City consultants for the Alameda Point Master Infrastructure Plan, it was revealed that the historical deepening of the shipping channel along the northern shoreline of Alameda Point has resulted in the northern shoreline having a steep slope below the water surface, down to the bottom of the channel. As a result, the northern shoreline has high potential to fail during a major seismic event. The City has serious concerns over the existing conditions along the northern shoreline and we recommend demanding that the Port/USACE remedy the existing condition prior to further modifying the City’s shoreline at Alameda Landing.
3. Provide Adequate Mitigation Measures for Construction Impacts
The staff cover letter states that the EIR inadequately mitigates the Project’s significant and unavoidable transportation, noise, and air quality impacts in Alameda. The draft EIR describes that over half of the Project construction will occur in Alameda over a 2-year span of time and will include removing six acres of land and wharf, two years of pile driving, dredging, and construction of new bulkheads and seawalls within approximately 350 feet of residential homes and public parks. This has an enormous impact to the local community. In summary, the letter raises the following issues and concerns identified by staff and outside experts:
• Geotechnical Impacts
• Seismic Impacts
• Construction Transportation Impacts
• Construction Air Quality Impacts
• Construction Noise Impacts
Staff recommends that the City Council review and comment on the Draft EIR and provide direction and/or comments on the draft letter. Staff will continue to work with outside experts and consultants to complete the technical appendices prior to submittal to the Port by the December 18, 2023 deadline.
ALTERNATIVES
The purpose of this report is to provide the City Council a summary of issues identified in the EIR. City Council may choose to review and comment on the EIR and/or provide other direction related to how the City responds during the EIR comment period ending on December 18, 2023.
FINANCIAL IMPACT
There is no fiscal impact from reviewing and commenting on the Draft EIR.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The General Plan provides guidance on City actions related to noise, air quality, safety and transportation, among other topics. Specifically, it sets forth policies related to improving and protecting the Alameda shoreline to address flooding and sea level rise threats. These topics are also identified as priorities in the Climate Action and Resiliency Plan.
ENVIRONMENTAL REVIEW
Reviewing and commenting on the Port of Oakland’s Draft EIR is not itself a project subject to CEQA.
CLIMATE IMPACT
Reviewing and commenting on the Port’s Draft EIR does not have a direct effect on the environment. The project impacts on the environment could be affected if comments result in changes to the analysis, mitigation measures and alternatives in ways that improve the effects on noise, air quality, transportation and other effects. Furthermore, staff believe the project has a direct relationship to the City’s ability to implement shoreline improvements that protect the Alameda shoreline from flood and future sea level rise.
RECOMMENDATION
Review and comment on the Port’s Draft EIR for the Oakland Harbor Turning Basin Widening Project and on City staff’s draft response letter.
Respectfully submitted,
Allen Tai, Planning Building and Transportation Director
By,
Andrew Thomas, Strategic Advisor
Allen Tai, Planning Building and Transportation Director
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibit:
1. Draft EIR Comment Letter